[blkasp2]

Guys,

I’m posting this because I really need everyone’s help and support on this board. I’m a car enthusiast and life-long Lamborghini fan who got a raw deal from The Collection in Coral Gables, and it’s headed to court.


On Dec 3, 2007, The Collection put on Ebay a 2007 Lamborghini Murcielago LP640. The auction Item # was 330195162455. I won the auction with “buy it now” for $238,900. While I was making arrangements to pay, they told me that they were not going to honor their auction and claimed they made a mistake in the “buy it now price” and wanted $338,900 instead.


I of course told them that I wanted the car for the $238,900 since I won their legally binding auction fair and square. They basically told me to sue them so that’s how we arrived at this point.

I enlisted the help of a lawyer friend to get an injunction preventing sale while we worked things out in court; and before we could get the injunction, The Collection sold the Lambo from under me to another dealer for considerably more than my $238,900 auction price.

I remember last year reading on the BMW forums about a similar situation where the dealership tried to stiff a buyer who won an M3 in their Ebay auction. After the dealership received a lot of negative internet press, they wound up doing the right thing.

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


I’m hoping we can get the same buzz for my case. We are scheduled for trial in Dade county court next month. The name of the dealership is The Collection in Coral Gables, FL. They are a Ferrari, Audi, Jaguar and Porsche dealer. The manager’s name is Peter J.Risi. Their website is www.thecollection.com. The worst part about this whole ordeal is that if i lose in trial, there will be Precedents stating that a ebay seller can get out of a completed auction simply by saying oops, we made a mistake. Any seller unhappy with the results will have an out. That alone would really change the whole way of doing business on ebay.

Ross Romash

Miami Fla.

[Dascamel]

Thats enough money to make it worth hiring a lawyer and filing the suit. Goodluck!

[RRGOO7]

call the papers.

[consolidated]

give'm hell.

[xrayos]

what was the market price of that car at the time you won the auction?

[!Xoible]

you can easily search for that thread here to find more info, and maybe contact the dude.

in any case man, good luck with it. you should give them hell and let us know if you want to dirty their name

[immiketoo]

Doesn't anyone think it's odd for a first time poster to solicit support in a case we know nothing about?

[blue2fire]

Well, just sue them.

[blkasp2]

the reason i posted on this forum is that i did a google search for ebay lawsuit. I read some of the thread involving the m3 and figured you guys would be interested. The reason why the ebay auction id does not work is because the auction happened over a year ago. ebays system does not store for that long. It has taken forever to get to court. If you like, i can scan a copy of the final auction showing the final price.

Ross

[lugnut]

On the chance this is real here is a link. Of course, I really can't see the motive in creating a false post like this, so good luck and happy litigating!

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

[lib]

Originally Posted by dark335i

the auction number doesnt even work...

eBay links expire after some period of time. A number of links for items I've bought now come back as invalid ID's.

[XunXunDCT]

Originally Posted by Dascamel

Thats enough money to make it worth hiring a lawyer and filing the suit. Goodluck!

I agree w/ the above statement. As well as everybody else on this thread. I hate it when people try to back out of shit like this. especially on ebay. I myself sold alot of stuff on ebay and alot of times i put .99 starting bid w/ no reserve. that is my decision that if it indeed sells at .99 and it was my M3 (oh my god typing that made my palms sweaty) i'd have to honor it... do everything in your power to give them hell. A friend of mine told me that if anybody were to screw him.. he'd screw them back 10 times as hard... i suggest u use that advice in this case. call the papers, get their dealership license revoked.. everything.. cast voodoo on the owner so that he/she will never be loved again.

[XunXunDCT]

Originally Posted by lib

eBay links expire after some period of time. A number of links for items I've bought now come back as invalid ID's.

That is also something you need to take into consideration. print everything. w/ the web links and all. keep it on file because every little bit of evidence on them avoiding to give you the car is that much more to get them in deep doo doo

[blkasp2]

Guys,

First, i wanted to thank everyone for taking the time to reply to my post. I realize how hard it is to get sympathy for anyone spending such a large amount for a car. Especially in these difficult times. I posted here as i figured fellow car enthuasists would appreciate my situation. It doesnt matter if it was a old tercel or a bugatti veryon, a seller should be made to honor their contracts. Especially when the seller is a HUGE dealership. Imagine if a any seller can get out of an auction by simply saying oops, we made a mistake. Would you use ebay again? In relation to the seller being able to cancel bids, they could do that BEFORE the auction ends, Not AFTER. This was a binding contract on both parties. The trial is coming up next month and i am trying to get my story out in the public. As far the troll thing, you can search the dade county clerk of courts using my name and you will find the lawsuit.

Thanks again for the support. I really appreciate it.

Ross Romash

[jlaw]

I reviewed the docket. Very interesting. What defenses have they raised? Whose summary judgment motion was denied, and why?

[blkasp2]

Both my and the collections motions for summary judgement were denied. As far as their affirmative defenses.. They are using unilateral mistake. I am sure their attorney will try to cloud the real issue as much as possible. There is really not much case law on point. The scary part is that if they win, anyone can use this case to void any auction they are unhappy with the result of. Are you a local attorney?

[exidisjon]

Im sure there was a similar case when Evo's first hit USA. Off course the values are alot different but Evo dealer eventually had to sell the car or cover for the lose... Contracts a contract.

[audiprotein]

contact ebay about it, thats what Dooma did.
post it on another forums.
Good Luck!!!

[jlaw]

Originally Posted by blkasp2

Both my and the collections motions for summary judgement were denied. As far as their affirmative defenses.. They are using unilateral mistake. I am sure their attorney will try to cloud the real issue as much as possible. There is really not much case law on point. The scary part is that if they win, anyone can use this case to void any auction they are unhappy with the result of. Are you a local attorney?

Yeah, I am. I wouldn't go so far as to say a loss would set such a sweeping precedent. This is a contract issue at heart and every situation is different, plus it would need to go through the appellate process before getting any real attention.

Best of luck with it. I will be keeping an interested eye on the docket and might even pop in on the trial, lol.

[zerox_guru]

good luck w/ this.. i hope u get that lambo..

[JeepJeep]

There are deals, and there are steals. You got a HUGE discount ($100,000), which is an amazing, once in a lifetime opportunity. I agree, it would have been fantastic for YOU to have gotten this, but looking at it from the dealer's perspective, how screwed are they? Some pen pusher made a mistake, and now they have to lose a hundred grand. Of course they don't want to honor the deal!

I'm sorry, but for equalities sake, I don't think you have the right to win. It's been over a year, and you need to learn to let things go. It was a mistake, so get over it. The whole thing was an accident, and you are actually the douche in this situation.

Sorry if i seem like im the bad guy, but its a dose of reality. Your insatiable desire for a nearly half off lambo or some guy getting screwed out of a hundred thousand dollars. The choice is kind of obvious to me.

[blkasp2]

So what your saying is that a seller should be able to void a contract due to a mistake that was caused by their own negligence? Why would anyone ever use ebay then? This would change the whole core that ebay operates under.... ANY seller can say hey sorry, i made a mistake.. I really meant to list the car for more.. I would say you have a point if it was a 2007 lambo for 10k. I think any reasonable person would say hey... its gotta be a mistake but 238,900??? It certainly was an awesome deal but not to the point of insanity...