Chuck Vanhorn Dodge Would not honor a car I bid on and won on E-Bay Plymount Wisconsin
On Sat Aug 30,2008 I bid on a 1999 Hyundia Accent on E-bay. Later that day after bidding closed I was notified by e-bay that I Had won the car for $3000.00, I was happy because my top bid was $3500.00.That day I contacted Robert O'Conner to arrange for payment. He told me the car was sold locally for $4000.00. I asked him how they could do that after I won the bid. He said they could do that. Some times they say they can close the bidding early as it is advertised locally, this car was was not advertised this way. On Monday Tuesesday Sept 2,2008 I called and asked for someone in charge of there used cars. I talked to someone and told them what happened. He said he would check into it and get back to me. About a half hour later he called me back and said yes the car was sold locally for $4000.00. He said this does'nt happen often, but it does happen and there is nothing he can do, that he can't bring the car back and will make sure it will not happen again. I think what happened was after the bidding closed and I won the car for $3000.00, someone came along an offered $4000.00 and they sold it to them. I think this is pretty shady business for a major car dealership.
I would'nt have felt so bad but I was bidding on the car for my Grandson,and I told him I had won the car for him. Don't buy from this car dealership if they can pull stuff like this.
Bud z
Rhinelander, Wisconsin
U.S.A.
1 Updates & Rebuttals
T. Farnsworthy
Milwaukee,Wisconsin,
U.S.A.
Check eBay policies regarding contractual obligations
#2Consumer Suggestion
Sun, September 14, 2008
I am not a lawyer or attorney, but believe that you are in control of this situation, depending on how far you want to push it.
Unless the dealership's auction specifically stated that it could be ended early if the car was sold locally, they should be contractually obligated to sell you that car for the price you bid. eBay is very careful about stating to buyers and sellers that their auctions are legally binding contracts, and that both parties agree to abide by their terms.
This has happened multiple times to different people across America. Do an internet search for "BMW of Lincoln" to see what one person had to go through to get his car. Or have a look through The Consumerist website for others who have won auctions and had the sellers reneg.
In this case I suggest you browse eBay's policies, copy the specific sections that state how their auction is a legally binding agreement, then send a detailed letter via certified mail to the general manager (not the used sales manager) of that dealership. Also copy it to as many of the higher-ups as you can find names. State in polite terms how you won the auction and that you expect them to provide you with the car (or a similar car if the have in-fact sold it to someone else) at the agreed-upon price. Don't accept any run-around or apologies, it's quite likely they will either say "Ooops we forgot that in our auction, our mistake, better luck next time" or "No eBay's terms aren't binding." In both cases they will be wrong and will still owe you the car.
If they still give you unacceptable responses or stall tactics in the hopes that you will just give up, you could take them to small claims court.
Good luck, don't take no for an answer and be diligent in forcing them to uphold their legal obligation.