Watch out for ebay (read)
why? If people would read more and communicate w/ the seller then this wouldn've happened. It clearly says "We reserve the right to notify bidders and cancel this auction AT ANY TIME. We shall not be held liable for any such cancellation and/or closure"
<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by T-Mo »</TD></TR><TR><TD CLASS="quote">why? If people would read more and communicate w/ the seller then this wouldn've happened. It clearly says "We reserve the right to notify bidders and cancel this auction AT ANY TIME. We shall not be held liable for any such cancellation and/or closure"</TD></TR></TABLE>
I'm sorry dude but if that's your attitude you need some help. An ebay auction is a LEGAL contract, and if YOU could read, you'd notice that they could CANCEL THE AUCTION at any time. Once it ENDS, both buyer and seller have entered into a LEGAL, BINDING contract. Luckily, the law is on his side, and he will win this in court. He WILL get an EVO for 26,xxx dollars if he persues it. It's the law.
As for you critisizing him- Don't. It's ignorance that allows this to happen in the first place.
I'm sorry dude but if that's your attitude you need some help. An ebay auction is a LEGAL contract, and if YOU could read, you'd notice that they could CANCEL THE AUCTION at any time. Once it ENDS, both buyer and seller have entered into a LEGAL, BINDING contract. Luckily, the law is on his side, and he will win this in court. He WILL get an EVO for 26,xxx dollars if he persues it. It's the law.
As for you critisizing him- Don't. It's ignorance that allows this to happen in the first place.
Honda-Tech Member
Joined: Apr 2003
Posts: 8,203
Likes: 2
From: ROLLING PARANOID WITH A SMILE, ca, USA
<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Johnyquest »</TD></TR><TR><TD CLASS="quote">
I'm sorry dude but if that's your attitude you need some help. An ebay auction is a LEGAL contract, and if YOU could read, you'd notice that they could CANCEL THE AUCTION at any time. Once it ENDS, both buyer and seller have entered into a LEGAL, BINDING contract. Luckily, the law is on his side, and he will win this in court. He WILL get an EVO for 26,xxx dollars if he persues it. It's the law.
As for you critisizing him- Don't. It's ignorance that allows this to happen in the first place.</TD></TR></TABLE>
"We reserve the right to notify bidders and cancel this auction AT ANY TIME."
the bidder is out of gas.....
I'm sorry dude but if that's your attitude you need some help. An ebay auction is a LEGAL contract, and if YOU could read, you'd notice that they could CANCEL THE AUCTION at any time. Once it ENDS, both buyer and seller have entered into a LEGAL, BINDING contract. Luckily, the law is on his side, and he will win this in court. He WILL get an EVO for 26,xxx dollars if he persues it. It's the law.
As for you critisizing him- Don't. It's ignorance that allows this to happen in the first place.</TD></TR></TABLE>
"We reserve the right to notify bidders and cancel this auction AT ANY TIME."
the bidder is out of gas.....
Honda-Tech Member
Joined: Jan 2002
Posts: 528
Likes: 1
From: Commonwealth my ass This is the communist state, VA, USA
That **** has kinda happend to me, The seller agreed to end the auction early, Didn't end it, A month later he e-mails me asking if I still want the stuff, I say sure, He disappears again... A lot of headaches!
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<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by 88hf »</TD></TR><TR><TD CLASS="quote">
"We reserve the right to notify bidders and cancel this auction AT ANY TIME."
the bidder is out of gas..... </TD></TR></TABLE>
Bro, that's like you dealing coke with a piece of paper in your pocket that says "I reserve the right to not be a dealer at any time" with your signature at the bottom. It's against the law, no matter waht you say in your auction. That **** that they say "I reserve the right..." is a fact. They can end the auction at any time. It's EBAY policy. But they can't say that they reserve the right to VIOLATE ebay policy in their auction-- and even if they do say it, they DONT. It's the law. bottom line.
"We reserve the right to notify bidders and cancel this auction AT ANY TIME."
the bidder is out of gas..... </TD></TR></TABLE>
Bro, that's like you dealing coke with a piece of paper in your pocket that says "I reserve the right to not be a dealer at any time" with your signature at the bottom. It's against the law, no matter waht you say in your auction. That **** that they say "I reserve the right..." is a fact. They can end the auction at any time. It's EBAY policy. But they can't say that they reserve the right to VIOLATE ebay policy in their auction-- and even if they do say it, they DONT. It's the law. bottom line.
Why do I need help? Ebay is a legal contract but the buyers aren't paying ebay, the sellers are. Ebay is not gonna do nothing about it. The seller said he had the right to cancel it at ANY time. To me thats before or after. I really don't care. If he wants an Evo THAT BAD then yeah pursue it. There has been millions of auctions that were cancelled after it ended and ebay hasn't done anything about them. AND who said I criticized him? I was only saying that buyers and sellers should communicate before the auction ends. That's how you know that they are serious. That's what I do when I bid on high price stuff. If a seller is reliable enough to reply to ALL of my emails then I do business with them.
Also if it is a legal binding contract, when he bidded he must've agreed to the terms stated. Even the part that said "We reserve the right to notify bidders and cancel this auction AT ANY TIME. We shall not be held liable for any such cancellation and/or closure." That's just how I see it. I feel sorry that he was done that way, but hey.
Also if it is a legal binding contract, when he bidded he must've agreed to the terms stated. Even the part that said "We reserve the right to notify bidders and cancel this auction AT ANY TIME. We shall not be held liable for any such cancellation and/or closure." That's just how I see it. I feel sorry that he was done that way, but hey.
Honda-Tech Member
Joined: Aug 2003
Posts: 697
Likes: 0
From: Stockton, CA, recently discover country
<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Johnyquest »</TD></TR><TR><TD CLASS="quote">
I'm sorry dude but if that's your attitude you need some help. An ebay auction is a LEGAL contract, and if YOU could read, you'd notice that they could CANCEL THE AUCTION at any time. Once it ENDS, both buyer and seller have entered into a LEGAL, BINDING contract. Luckily, the law is on his side, and he will win this in court. He WILL get an EVO for 26,xxx dollars if he persues it. It's the law.
As for you critisizing him- Don't. It's ignorance that allows this to happen in the first place.</TD></TR></TABLE>
I'm sorry dude but if that's your attitude you need some help. An ebay auction is a LEGAL contract, and if YOU could read, you'd notice that they could CANCEL THE AUCTION at any time. Once it ENDS, both buyer and seller have entered into a LEGAL, BINDING contract. Luckily, the law is on his side, and he will win this in court. He WILL get an EVO for 26,xxx dollars if he persues it. It's the law.
As for you critisizing him- Don't. It's ignorance that allows this to happen in the first place.</TD></TR></TABLE>
Honda-Tech Member
Joined: Aug 2003
Posts: 697
Likes: 0
From: Stockton, CA, recently discover country
<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by T-Mo »</TD></TR><TR><TD CLASS="quote">Why do I need help? Ebay is a legal contract but the buyers aren't paying ebay, the sellers are. Ebay is not gonna do nothing about it. The seller said he had the right to cancel it at ANY time. To me thats before or after. I really don't care. If he wants an Evo THAT BAD then yeah pursue it. There has been millions of auctions that were cancelled after it ended and ebay hasn't done anything about them. AND who said I criticized him? I was only saying that buyers and sellers should communicate before the auction ends. That's how you know that they are serious. That's what I do when I bid on high price stuff. If a seller is reliable enough to reply to ALL of my emails then I do business with them.
Also if it is a legal binding contract, when he bidded he must've agreed to the terms stated. Even the part that said "We reserve the right to notify bidders and cancel this auction AT ANY TIME. We shall not be held liable for any such cancellation and/or closure." That's just how I see it. I feel sorry that he was done that way, but hey.
</TD></TR></TABLE>
Ok so an auction ends therefor the auction no longer exist, right? The auction is now consider a legal contract so how can they still cancel his bid if theres no longer an auction. Anyone get my point here. i can go into dept with this, but i think i got my point across.
screw this seller.
Modified by drift2live at 7:11 AM 11/1/2003
Also if it is a legal binding contract, when he bidded he must've agreed to the terms stated. Even the part that said "We reserve the right to notify bidders and cancel this auction AT ANY TIME. We shall not be held liable for any such cancellation and/or closure." That's just how I see it. I feel sorry that he was done that way, but hey.
</TD></TR></TABLE>Ok so an auction ends therefor the auction no longer exist, right? The auction is now consider a legal contract so how can they still cancel his bid if theres no longer an auction. Anyone get my point here. i can go into dept with this, but i think i got my point across.
screw this seller.
Modified by drift2live at 7:11 AM 11/1/2003
Whatever. The seller got alot of publicity (bad) but, dealerships don't care because they know ppl will still come and buy cars from them.
If this guy really wants the car that bad then I guess he can sue to get the car for that price (or free depending on the lawyer) and charge them for damages and tack his legal expenses on to them also. Personally I wouldn't trust no one with no feedback (and signed up 8 days before this) to sell a car and be trustworthy. Maybe it was a disgruntle worker that wanted bad publicity on the dealership.
If this guy really wants the car that bad then I guess he can sue to get the car for that price (or free depending on the lawyer) and charge them for damages and tack his legal expenses on to them also. Personally I wouldn't trust no one with no feedback (and signed up 8 days before this) to sell a car and be trustworthy. Maybe it was a disgruntle worker that wanted bad publicity on the dealership.
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Joined: Sep 2002
Posts: 1,069
Likes: 0
From: the asshole of america..., upstate new york, USA
<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by T-Mo »</TD></TR><TR><TD CLASS="quote">Ebay is not gonna do nothing about it.</TD></TR></TABLE>
ebay dont do dick!
ebay dont do dick!
That's a bad situation.
The bidder is in the right, and the dealership is legally obligated to provide him with that exact vehicle for the auction closing price. Despite what the auction read, once the auction ends, for all intents and purposes, the contract is then "signed" by both parties, and that's that.
The bidder is in the right, and the dealership is legally obligated to provide him with that exact vehicle for the auction closing price. Despite what the auction read, once the auction ends, for all intents and purposes, the contract is then "signed" by both parties, and that's that.
Read through some of that thread, its gotten huge. Its spread to well over 200 other car and non-car related forums, across the world, and with over 120,000 views. People have been contacted, called, emails written, and complaints filed to the people at the dealership itself, the head of the US division and even to some guys in the Japanese division. News channels have been informed as well as the State DA and so on, that dearship is fucked....
Read thru ebay's terms of service. they can cancel an auction at any time before the auction ends. according to that guy MarkA or whatever, he used Buy it Now which closes the auction early. He should still get the item for bid based on ebays rules and regs, but it'll probably cost him about the same in attorney fees just to get the car at that price.
the consumer wins this case. The dealership is screwed if he takes this to court. Once the auction ends, its a done deal. Canceling an auction is fine and dandy...but its only possible while the auction is still under its time period for open bids. How in the world are you going to cancel an auction after it ends??!!
If thats the case..why have "reserves" or outragous start up prices?? I'll just throw my 50" plasma TV on Ebay for .01 freakin cent with no reserve and when it ends at 2 bucks I can say..."sorry...its cancelled.!" WTF..?? I can do this a millon times until I find the right selling price I want?? NO f*cking way..once its over I'd have to sell it to the high bidder.
What the dealer did was against all of what Ebay stands for.. I might as well.. email people I sold stuff to 3 years ago and ask for it back since I sold so many items underpriced back then....I can just call them and say..." Remember the ECU I sold you back in 1999?..Well..I've decided to cancel that auction now...can I have it back?"
If thats the case..why have "reserves" or outragous start up prices?? I'll just throw my 50" plasma TV on Ebay for .01 freakin cent with no reserve and when it ends at 2 bucks I can say..."sorry...its cancelled.!" WTF..?? I can do this a millon times until I find the right selling price I want?? NO f*cking way..once its over I'd have to sell it to the high bidder.
What the dealer did was against all of what Ebay stands for.. I might as well.. email people I sold stuff to 3 years ago and ask for it back since I sold so many items underpriced back then....I can just call them and say..." Remember the ECU I sold you back in 1999?..Well..I've decided to cancel that auction now...can I have it back?"
The people favoring the seller should read eBay's policies. "It is not permitted for a seller on eBay to refuse payment or delivery of an item at the end of a successful sale."
That is why eBay has this thing called "Reserve Auctions."
Also, the definition of an auction is: "A public sale in which property or items of merchandise are sold to the highest bidder." Well, the one guy was the highest bidder.
This is so elementary. The dealer cancelling the sale defeats the whole purpose of auctions in the first place.
That is why eBay has this thing called "Reserve Auctions."
Also, the definition of an auction is: "A public sale in which property or items of merchandise are sold to the highest bidder." Well, the one guy was the highest bidder.
This is so elementary. The dealer cancelling the sale defeats the whole purpose of auctions in the first place.
Although I didn't read the linked pages...but going by what people are posting in here, and the fact "Buy It Now" is part of eBay, the dealer must finish the transaction. Even though there wasn't any "bidding war", the buyer still bid on the car using buy it now. Dealer's pretty much screwed if/when this goes to court...
OK I dont know where any of you got that he did a "Buy it now" for that price he bid on it and succesfully won it the auction was on ebay for a whole 7 days so if the dealership saw that it wasnt getting to the price they wanted well then they should have ended it early.
As for everyone arguing saying well the seller did say he could end the auction at any time well thast a bunch of BS and someone made a good point you cant let the auction end and then say oh I dont want to sell it to you since I didnt get what I wanted for it otherwise people would be doing that all the time and Ebay would loose money since you have to pay extra for a reserve auction and thats the point of a reserve auction is to get what you want for it not OK I will let it ride and see what it ends at.
I mean **** if the dealership was smart they could have ended it in the last minute of the auction and then wouldnt have had to deal with it but now they are both in a legal contract to sell it/buy it for the ended price.
Think of it this way reverse roles say that was only a Laner OZ edition or something and they guy bid that much now thats quite a bit more than what a brand new "OZ" is worth but are you going to have the buyer saying well I found one for cheaper so I am not going to buy it now so well leave me negative feedback and take the ebay fees and eat them no your not your going to have the dealer pursueing him saying hey you have to buy it for that price sicne thast what you bid.
Oh and BTW heres a link to the actual auction for that EVO. http://cgi.ebay.com/ebaymotors...28950 As you can see he outbid everyone to buy it at the 26,200 price within the last few seconds of the auction so the auction started and the auction ended no ending it early, no buy it now, and the biggest one no RESERVE!! So that was the dealers dumbass mistake. They now owe him that car for $26,200.
As for everyone arguing saying well the seller did say he could end the auction at any time well thast a bunch of BS and someone made a good point you cant let the auction end and then say oh I dont want to sell it to you since I didnt get what I wanted for it otherwise people would be doing that all the time and Ebay would loose money since you have to pay extra for a reserve auction and thats the point of a reserve auction is to get what you want for it not OK I will let it ride and see what it ends at.
I mean **** if the dealership was smart they could have ended it in the last minute of the auction and then wouldnt have had to deal with it but now they are both in a legal contract to sell it/buy it for the ended price.
Think of it this way reverse roles say that was only a Laner OZ edition or something and they guy bid that much now thats quite a bit more than what a brand new "OZ" is worth but are you going to have the buyer saying well I found one for cheaper so I am not going to buy it now so well leave me negative feedback and take the ebay fees and eat them no your not your going to have the dealer pursueing him saying hey you have to buy it for that price sicne thast what you bid.
Oh and BTW heres a link to the actual auction for that EVO. http://cgi.ebay.com/ebaymotors...28950 As you can see he outbid everyone to buy it at the 26,200 price within the last few seconds of the auction so the auction started and the auction ended no ending it early, no buy it now, and the biggest one no RESERVE!! So that was the dealers dumbass mistake. They now owe him that car for $26,200.
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