"Buyer" upset that dealer won't sell $140K Bentley for $14K after Ebay typo

[LeeH]

Article says he's going to hire a lawyer to "challenge the system." I'm thinking the judge is going to tell him to take a hike before this gets too far. What do you think?

eBay auction blunder raises questions

[legion]

Try not paying for an item like that and see if it works both ways.

[speeder]

Originally Posted by legion

Try not paying for an item like that and see if it works both ways.

It does. (Work both ways). Ebay vehicle auctions are not binding contracts according to the article, (other eBay auctions are binding contracts). Actually, the buyer has an advantage over the seller because he can not pay for the item as you say and then leave the seller negative feedback to boot. Sellers cannot leave buyers negative feedback anymore.

[porsche4life]

"What they should have done was offer me something at cost," Souang said in an interview. "That way neither one of us loses anything. I would have paid cost for the car. That is something we could have done."

Read more: eBay auction blunder raises questions

Uhhh, what stake do you have in this dude? You haven't lost anything....

[onewhippedpuppy]

Just another douchebag with a lawyer.

[recycled sixtie]

There is a lot to be said for reading over reading over reading over an advert. before you submit it! It avoids complications in a litigious world.
Guy

[Paul K]

Sounds like the stealership made a real mess of the way they handled it.

[sc_rufctr]

It was a mistake... Accept it and move on.

[MRM]

He's a douche bag threatening to get a lawyer. I won't hold my breath for news that suit has been filed.

There are very well established rules about this and they go back to the beginnings of mass print media, long before people could sue at the drop of a hat. The general rule is that you can't do bait and switch - deliberately advertising an artificially low price and then pulling it back when people come to look. Most states have laws making auto dealers sell for the advertised price. But there is a well established exception for obvious mistakes and misprints. A typo one decimal place off is the classic example. He's just trying to get a freebie. No one will pay any attention to him.

[Drisump]

It would only make ANY sense at all if there was an attempt at deception, as opposed to a simple error. Everybody wants something for nothing, cheers.

[t951]

Obvious typo.....case going nowhere.

The buyer knew that....he's shooting for the moon hoping for anything. what a loser.

[id10t]

Originally Posted by recycled sixtie

There is a lot to be said for reading over reading over reading over an advert. before you submit it! It avoids complications in a litigious world.
Guy

Nothing promotes deep thought like clicking "send" or "post"

[dondarnell]

Offer and acceptance . Its a simple concept.

[McLovin]

Unilateral mistake?
Mutual mistake?
Unconscionability?
Failure of consideration?
No meeting of the minds?

[dondarnell]

Nope. Don Darnell, esq.

[McLovin]

You think that the buyer in this case has an enforceable contract?

[dondarnell]

Possibly. I wouldnt mind having either side of the case.

Dont know much about ebay, other than Porsche parts are magically worth twice as much as anywhere else. But i dont see the point of making an offer to sell if its not enforcable. If its just an add, whats the point? What if there are competive bidders? Does that make it more enforcable?

If i were to bid on one car, to lose an opprotunity to buy a different car, and the seller flaked out on me on the car i bid on, i can promise you somebody's getting sued.

[McLovin]

You don't see the point of making an offer to sell if it is not enforceable?

Yes, the point is to have it enforceable. But people make mistakes. The offer was made by mistake.

It was also a mistake that the "buyer" knew or reasonably should have known was a mistake.

Absent some very bizarre facts (like an admission they did it on purpose, or they have a history of doing this, etc.), all of which wouldn't really make any sense (doing a Buy it Now for 10% of the car's value doesn't help the dealership - it doesn't drive people into their showroom, etc. and is so obviously in error that it doesn't do anything), there is no way this would be found to be an enforceable contract.

This was pretty clearly a decimal point data entry error, with no bad faith involved. If those were stipulated facts, would your analysis change?

Also, it is highly unlikely that the buyer lost any opportunity, since from the time he placed his bid to the time he was notified of the error only 20 minutes passed.

Maybe we'll see who is right. My prediction is the dealership will tell this guy to pound sand. I also predict that the guy will not pony up any money to bring a lawsuit, but would be willing to file suit if he could find a lawyer crazy (or desperate or unemployed) enough to take it on a full contingency. Maybe that will happen and we'll get to see what a court says about the reasonableness of the buyer in expecting that a contract was formed to buy a $130,000 car for $13,000.

[dtw]

Time to occupy Scottsdale Bentley!!!

Jeez. Yet another assdouche who wants something for nothing. Die in a fking fire.

[VaSteve]

From one of their latest auctions...don't know if it was on the auction in question.

Terms of Sale Overview
We reserve the right to end this listing at anytime should the vehicle no longer be available for sale. The following terms of sale apply to all of our listings.
Payment Terms:
The successful high bidder will submit a $5,000 non-refundable deposit within 1 business days of the close of the auction to secure the vehicle. Buyer agrees to pay remaining balance due (plus applicable fees and taxes) within 5 days of the close of the auction. All financial transactions must be completed before delivery of the vehicle.
Payment Methods:
Cash (In Person), certified check, bank transfer, or 3rd-party financing.
Fees and Taxes:
All purchases subject to a $489 dealer documentation fee. Buyers taking delivery at our dealership must pay local and state taxes. Please call with questions. Out of state buyers are responsible for all state, county, city taxes and fees, as well as title/registration fees in the state that the vehicle will be registered.

Bentley : Continental Flying Spur Bentley : Continental Flying Spur | eBay

I concur the guy isn't out anything and he should move on with his life, but the real issue IMHO is whether anyone has a leg to stand on for "contracts" executed through ebay. I've read many a tale on these forums of people planning to go see the car they just won, but planning to walk away if not represented as in the listing.