Challenger SRT sells for $29K on eBay

[CanadianEh]

The auction is only for the car that has the VIN number indicated in the auction listing, not for any other car.


I can see you're saying that from a buyer's viewpoint, not from a seller's viewpoint. There are 2 sides to the coin here....

So you are saying if you had something on ebay and messed up your auction, and the buyer did everything legit gave you the deposit and everything that you wouldn't sell it to him? As said it is a legal contract and if you screw up you bite it and carry on I bet he wont do it again.

I work in construction if something goes wrong I fix it.. end of story, I do not expect anyone else to pay for my mistake.

Remind me to never consider purchasing anything from you.

[Adam]

I am on the fence with this one. I think they owe the guy the car, however he did not sign anything in person. If he has a line of credit and can make the 5 day deadline they still may refuse selling him the car. Actually about $34,000 on hand for taxes and fees. They have the right torefuse any car that is not in a limbo contract mode.

In fact I went to buy a car, did most of the paperwork asked for a test drive, came back and another salesperson sold it to someone else. There was hell to pay and I got the same thing for an even better deal so I was happy.

Now I say they can refuse any one any car but I don't mean it is 100% legal. eBay has rules and regulations stating it is a deal/contract that you are getting into. I think he makes sure to hit every note as described. Bring a witness or two to validate the refusal, date, time. Have them write a statement fresh off thier mind and then get a lawyer to blow it open. Also, pictures with the date stamp set would come in handy. Does not need to go in and argue as they will not change their minds, nor does he need to be an ass. He can ask why a binding deal is not going through and leave it at that. I can tell you he will not end up with this car without an attorney. You think bad PR and a news crew will get the dealer to take a $10,000+ loss? It may make them want to work something out but it will not be the same deal.

Under the Lemon Law act, I do believe this also qualifies for a Fraud Case. Based on the promise of one price and the sale of another which could also be bait and switch/price fixing of this car.

All that being said. I wish him luck and really hope he gets the car. Fight the good fight and don't back down.

[jrc1122]

A Signature is NOT required to make a purchase or the exchange of funds legally binding.

If that is the case - I am going to go to Texas Roadhouse Tonight charge up a 70 dollar tab, and then "not sign" the credit card slip. I wonder if that will work? (lol)

When I added my G8 GT to my insurance policy, I didn't speak to a representative, nor do did I sign anything. I did a "click here" if you agree to the terms, Much like Ebay says. Bid here if you agree to the terms. I NEVER signed anything, I simply entered into an agreement to insure my car for x amount of dollars for x amount of months.

When I paid my car payment online a few days ago-- I didn't sign anything. I simply "clicked here" to acknowledge the transaction. They took the payment out of my account. How could they?? I didn't "sign" anything.... Oh wait, because they can prove that I agreed to pay that much.

Well-- He agreed to pay a certain amount and they agreed to sell it to the winning bidder.

Both terms were met, thus a legally binding electronic agreement was made.

I'm not a lawyer- but I am a thinker.

[KaiserM715]

He made it to AutoBlog:
http://www.autoblog.com/2010/03/16/y...-deal-for-new/

And Jalopnik:
http://jalopnik.com/5494399/car-deal...r-srt8-auction

[Adam]

A Signature is NOT required to make a purchase or the exchange of funds legally binding.

If that is the case - I am going to go to Texas Roadhouse Tonight charge up a 70 dollar tab, and then "not sign" the credit card slip. I wonder if that will work? (lol)
If you wrote the CC company with a dispute and they had no proof of a signature, then damn right you would get your money back. I am not saying this is the right thing to do but you would win almost every time

When I added my G8 GT to my insurance policy, I didn't speak to a representative, nor do did I sign anything. I did a "click here" if you agree to the terms, Much like Ebay says. Bid here if you agree to the terms. I NEVER signed anything, I simply entered into an agreement to insure my car for x amount of dollars for x amount of months.
It is a little different to E-sign something moments after you agree to everything and put your checking information on something

When I paid my car payment online a few days ago-- I didn't sign anything. I simply "clicked here" to acknowledge the transaction. They took the payment out of my account. How could they?? I didn't "sign" anything.... Oh wait, because they can prove that I agreed to pay that much.
Yes, but when you bought your car you signed something saying you agreed to pay, and to pay that amount at minimum, and one option for the way it is paid was the online method through the lien holder .

Well-- He agreed to pay a certain amount and they agreed to sell it to the winning bidder.
This is a valid point which is why I said he needs to fight for it

Both terms were met, thus a legally binding electronic agreement was made.
You don't see 1 lawsuit after another from people who backed out of selling their car or eBay or a buyer who could not muster up the funds or backed out for a number of other reasons. I think the only thing that makes this binding is if they accepted his $500 down. If they rejected it then they have ground to back out, but if they accepted it then I don't think they have a foot to stand on.
I'm not a lawyer- but I am a thinker.

Does the seller sue a buyer that backs out because he can't afford it? This dealer could have said that the owners 16 year old son put the link up and signed up for the account. He could not sell because he is a minor. It would no longer be binding. All I am saying is that "Hitman" has every right to presue the dealers screw up. They can still refuse, which is when he would need to take legal action.

[GeorgeInNePa]

It's on Jalopnik too.

[Adam]

^ yeah. last count it was being submitted to at least 7 news outlets and on the Challenger site I see people poppoing on from at least 15 other forums. I joined and posted. Add to that, all these other blogs and such and this has spread damn quick.

[jrc1122]

Originally Posted by jrc1122
A Signature is NOT required to make a purchase or the exchange of funds legally binding.

If that is the case - I am going to go to Texas Roadhouse Tonight charge up a 70 dollar tab, and then "not sign" the credit card slip. I wonder if that will work? (lol)
If you wrote the CC company with a dispute and they had no proof of a signature, then damn right you would get your money back. I am not saying this is the right thing to do but you would win almost every time
Yes and me lying would be fraudulent, much like placing an item for sale to the winning bidder, only to change your mind when you don't like the winning bid.. could be argued that is a bait and switch tactic,, ..Sure we'll sell you the car man, but not at that price" even though we promised to sell it to the winning bidder with no reserve.

When I added my G8 GT to my insurance policy, I didn't speak to a representative, nor do did I sign anything. I did a "click here" if you agree to the terms, Much like Ebay says. Bid here if you agree to the terms. I NEVER signed anything, I simply entered into an agreement to insure my car for x amount of dollars for x amount of months.
It is a little different to E-sign something moments after you agree to everything and put your checking information on something
My insurance company doesn't have authorization to my checking account? all I did was buy insurance without SIGNING anything

When I paid my car payment online a few days ago-- I didn't sign anything. I simply "clicked here" to acknowledge the transaction. They took the payment out of my account. How could they?? I didn't "sign" anything.... Oh wait, because they can prove that I agreed to pay that much.
Yes, but when you bought your car you signed something saying you agreed to pay, and to pay that amount at minimum, and one option for the way it is paid was the online method through the lien holder .

agreeing to pay, just like they agreed to sell the car to the winning bidder

Well-- He agreed to pay a certain amount and they agreed to sell it to the winning bidder.
This is a valid point which is why I said he needs to fight for it
We agree! Great, About 99% of the people commenting on that board, and around other forums probably do

Both terms were met, thus a legally binding electronic agreement was made.
You don't see 1 lawsuit after another from people who backed out of selling their car or eBay or a buyer who could not muster up the funds or backed out for a number of other reasons. I think the only thing that makes this binding is if they accepted his $500 down. If they rejected it then they have ground to back out, but if they accepted it then I don't think they have a foot to stand on.
So you aren't arguing that constitutes a legally binding contract, you are using the whole, Other people get screwed, so why should this guy expect anything different? That's pretty weak. That is like a lawyer telling the jury, that 1000s of murders go unsolved and 1000s of murders go unsolved, so why should you prosecute his client.

Not trying to be Mr Know it all-- at the end of the day we are both just trying use common sense and what sounds right. We both have valid points.

[Nickj]

I work for Best Buy, and trust me, people dispute legitimate charges all the time. Its peoples nature to go after something for nothing. Luckily, in my almost 10 years, I have never seen one get pushed through that we werent somehow at fault for or couldnt disprove the charge back.

In the same respect, no matter how large, when we make a mistake, we typically honor it. (Aside from the .com business where electronic mistakes and hacking can change things and have changed policies look back at the 52" LCD for $9.99 a couple of years back). If I cant honor the price, I will do my best to rectify the situation in one way or another.

In my opinion, they left the door open to this possibility and should honor the price or offer a viable solution. Agood faith alternative to selling the car at such as loss would be to offer a cash settlement (10% of the final price etc) and cancel the sale. That loss would absolutely be more acceptable than what they are standing to lose finalizing this sale.

[TurboMike]

Any contract deal with a dealship can be nulled by the dealer until the car is taken delivery of. Once you take delivery of the car and have the contract, its yours no matter what. This is a contract on ebay, so I think he has even less of a chance. If you back out of a deal (as a seller) on ebay and give the money back, the worst the buyer can do is give you back feedback. Theres no legal recorse to make them send you a product and make them accept the payment. If you leave a deposit on a car at a dealership and sign a contract, they can still sell the car to someone else (or keep it) legally all they have to do is give you your deposit back.

I didnt read the story, did they accept the $500 deposit or give it back?

I was helping my gf buy a Kia Sedona. We looked at a stripped LX and a fully loaded EX. We wanted the EX. They brought us a contract, I didnt notice the price was super low. We signed it, paid a deposit, came back two days later and paid it and took delivery of the EX. A week later they tried to get us to bring the car back even threatened to tow it. I told them to fuck off, bring it on I'll sue their nuts off. They did all the contracts based on the LX price, but gave us the EX. They messed up bigtime, but we had no reason to bring the car back. If they had presented us with the LX and we didnt take delivery, legally they could have nulled the contract and then we start over negotiating and either take the cheaper LX or negotiate for the EX. But once we took delivery, the contract was full binding at that price for that car.