http://www.m3post.com/forums/showthread.php?t=127993

This was originally being updated in another thread but I wanted to
get some additional opinions so I am posting this here. Sorry if its
the wrong section.

I've been looking to get an E90 M3 sedan, and was cruising ebay when I
came upon this auction. Its for a Jerez Black sedan with FR interior,
loaded with everything except extended leather.
The car advertises its title in CAPS "LOWEST PRICE ON EBAY". The
auction started at 60,000 and had a BUY IT NOW for 66926 K. NO
RESERVE.

http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&_trkparms=tab%3DWatchin
g&viewitem=&item=230233277471&_trksid=p3907.m32

Jerez black on Fox red was not my first choice (I have a deposit for
AW/Silver interior with DCT at a local dealer) but I was willing to
live
with it at a 60K price point, so I bid on it with the intention to pay
if I
won.
I wasn't sure if I would win or not, but I went ahead and secured
financing
prior to the auction end so I could arrange immediate payment.
I ended up winning the auction with a bid of 60K (my max was 61K).

15 minutes after auction end, this guy Michael Barett (At BMW of
Nebraska)
calls and nervously tells me the auction was a "mistake".
I reminded him of his contractual obligation to complete the
transaction,
to which he continues to reply "it was a mistake", and refused to
honor the
deal.
He then offered to call his manager and confirm what they could do,
but
same response. When I pressed the issue and raised the possibility of
legal
action, this guy had the nerve to condescendingly laugh and say we are
a
multi-billion dollar company, ebay will definitely side with us.
I corrected Michael, and told him your company may have revenue in the
millions, but you make 35K a year, screwed the pooch on this one so
lets
not get carried away.
But to make a long story short, he is refusing to honor the deal.

This morning (Mar 21, 2008) I left a message with the GM (Fil Catania
- He
didn't pick up) to call me, so we will see what happens.

But this whole incident just stinks, and sets a bad example for ebay
auto
sales in general.
Can sellers, especially dealers (which you would think are held to a
higher
standard on ebay) just decide they don't want to honor a price? I know
not
all dealers are like this, but its pretty unethical, on both sides to
back
out of an auto auction because you dont like th eprice.

Im convinced this dealer went into this auction intentionally setting
a low
price, with no reserve.
The title, 08 M3 LOWEST PRICE ON EBAY says it all and me thinks they
were
hoping to generate bids, which didn't pan out.
Also, the pricepoint at which they started the auction, 60K is no
small
amount.....its not as if the auction started at 0.01 and ended there,
it
started at 60K.
Obviously, they set it to attract serious buyers with the money to
complete
the transaction.

In this case, this dealer wasn't happy with the ending price, a 7K
difference from his BUY IT NOW (which he adjusted twice, so I assume
they
watched this auction). Had the auction ended at 64K, would they have
still
refused?
But I know had the auction ended at 90K, and I refused to pay, Im sure
their lawyers would be all over me.
Not sure what Im going to do, but part of me feels I should pursue
this on
principle alone. But at the same time, I dont want to get too worked
up, as
these things might drag out, take time/money and make it a negative
experience overall. I want to be happy getting a new M3 like some of
the
others on the board, ya know?