Purchased 2004 SL500 off eBay w/BUY IT NOW price of $37,900-Now Seller Refuse to Sell - Mercedes-Benz Forum

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post #1 of 28 (permalink) Old 04-13-2008, 01:43 PM Thread Starter
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Purchased 2004 SL500 off eBay w/BUY IT NOW price of $37,900-Now Seller Refuse to Sell

On Friday Apr 11th, 2008 I came upon an auction listing on eBay’s Motor for a 2004 Mercedes SL500 with a listed BUY IT NOW price of $37,900. After carefully thinking it over and then purchasing the Carfax report for the vehicle, at approx 10:52PM PST I ended the auction early and purchased the 2004 Mercedes SL500 (Item # 140223892355) on eBay with the BUY IT NOW price of $37,900. I quickly emailed the Seller asking them how they would like me to make the deposit for the car and then went to bed dreaming of the SL500 I just purchased.

The next morning (yesterday) Saturday Apr 12th, 2008 I received an email from someone named Tom claiming to be a person hired to list auctions for the Seller, claiming he has made an error and the price should have been $47,900. He then mentioned that the Seller would not be able to sell me the vehicle for the price I purchased it for.

At about 10:30AM PST Apr. 12th, 2008 I tried contacting the person’s name listed in the auction's item description named Phil and left a message for him to call me back in regards to the SL500 I purchased on eBay.

Phil did call me back about an hour later. Phil claims to be the owner's son and told me there was nothing he can do. And as we were talking on the phone I was told Greg P, the owner of the Dealership has now joined in on the conversation, so I quickly informed Mr. P that last night I purchased their 2004 SL500 off eBay with the BUY IT NOW price of $37,900. Mr. P quickly interrupted me told me that they could not sell me the car for that price. He kept on saying it was an honest mistake and he wasn’t going to lose $10,000 because of it. So I told him that as a Buyer I am legally obligated to pay for the auction I have won and that he as the seller would be legally responsible to meet the terms of the agreement set forth by eBay’s policies and the terms of the auction listed, so therefore we have a legally binding contract and that Mr. P’s Dealership is legally obligated to sell the SL500 to me for the price that was posted in their auction as the BUY IT NOW price of $37,900.

Mr. P just kept on saying there's no way he was going to sell it to me for that price. I then suggested for him to take a look at the eBay’s policies and to contact his Power Seller representative. Mr. P repeated that he wasn’t going to lose $10,000 due to an honest mistake.

So I commented to him that we have a problem here then.

His response... "I don't have a problem with it, you do"

So I told Mr. P that I would seek legal advice and possibly legal action against him and his company for breech of contract.

He told me to do what I have to do and hung up.

Let turn this around... if I would have won an auction and I refused to pay and claim it was an honest mistake, you think he will just let it slide. I don’t think so. They would have their lawyer all after me in a heartbeat.

So what does everyone think about this? I know other Sellers on eBay have honored their so-called honest mistake and the Buyer did eventually get their item for the price of the auction.

Any advice?

Thanks in advance!

Last edited by Groovyman; 04-14-2008 at 12:23 PM.
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post #2 of 28 (permalink) Old 04-13-2008, 01:56 PM
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Your situation is eerily similar to this very recent one involving an E90 M3.

Won ebay auction at 60K for E90 M3, BMW of Lincoln refusing to honor - BimmerPost - BMW Forums

I know it's a lot of pages, but you could just look at dooma350's posts for the updates rather than read through it all.

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post #3 of 28 (permalink) Old 04-13-2008, 02:07 PM
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this is why i closed my account with ebay. too many issues. anyway contact ebay about the situation.
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post #4 of 28 (permalink) Old 04-13-2008, 02:53 PM
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there isn't much legal footwork you can do, ebay is private company with their own rules. You will have to contact them for any disciplinary actions.
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post #5 of 28 (permalink) Old 04-13-2008, 02:54 PM
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Simple, hire an attorney. He or she will tell you if you have a case.
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post #6 of 28 (permalink) Old 04-13-2008, 03:29 PM
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Simple, hire an attorney. He or she will tell you if you have a case.
Or just move on with your life. After all, all you've lost is a bit of time. Not the end of the world, IMHO.

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post #7 of 28 (permalink) Old 04-13-2008, 03:42 PM
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You got lucky! A second year SL isn't a car you want to be owning.
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post #8 of 28 (permalink) Old 04-13-2008, 05:33 PM
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Agreeing with some others about contacting eBay. Mistake shmistake, they should pay for this and learn a hard lesson from it. It might make some difference how long the listing was active with the wrong price. Most lawyers give you a free initial consultation if you wanrt to pursue it and if eBay sides with the seller.

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post #9 of 28 (permalink) Old 04-13-2008, 05:38 PM
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ebay is going to take care of ebay, they will side with the seller and call it a mistake. They are not going to lose money by shutting down a power seller. You didn't lose anything so i would just move on.
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post #10 of 28 (permalink) Old 04-13-2008, 06:24 PM
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Quote:
Originally Posted by Groovyman View Post
On Friday Apr 11th, 2008 I came upon an auction listing on eBay’s Motor for a 2004 Mercedes SL500 with a listed BUY IT NOW price of $37,900. After carefully thinking it over and then purchasing the Carfax report for the vehicle, at approx 10:52PM PST I ended the auction early and purchased the 2004 Mercedes SL500 (Item # 140223892355) on eBay with the BUY IT NOW price of $37,900. I quickly emailed the Seller asking them how they would like me to make the deposit for the car and then went to bed dreaming of the SL500 I just purchased.

The next morning (yesterday) Saturday Apr 12th, 2008 I received an email from someone named Tom claiming to be a person hired to list auctions for the Seller, claiming he has made an error and the price should have been $47,900. He then mentioned that the Seller would not be able to sell me the vehicle for the price I purchased it for.

At about 10:30AM PST Apr. 12th, 2008 I tried contacting the person’s name listed in the auction's item description named Phil and left a message for him to call me back in regards to the SL500 I purchased on eBay.

Phil did call me back about an hour later. Phil claims to be the owner's son and told me there was nothing he can do. And as we were talking on the phone I was told Greg P, the owner of the Dealership has now joined in on the conversation, so I quickly informed Mr. P that last night I purchased their 2004 SL500 off eBay with the BUY IT NOW price of $37,900. Mr. P quickly interrupted me told me that they could not sell me the car for that price. He kept on saying it was an honest mistake and he wasn’t going to lose $10,000 because of it. So I told him that as a Buyer I am legally obligated to pay for the auction I have won and that he as the seller would be legally responsible to meet the terms of the agreement set forth by eBay’s policies and the terms of the auction listed, so therefore we have a legally binding contract and that Mr. P’s Dealership is legally obligated to sell the SL500 to me for the price that was posted in their auction as the BUY IT NOW price of $37,900.

Mr. P just kept on saying there's no way he was going to sell it to me for that price. I then suggested for him to take a look at the eBay’s policies and to contact his Power Seller representative. Mr. P repeated that he wasn’t going to lose $10,000 due to an honest mistake.

So I commented to him that we have a problem here then.

His response... "I don't have a problem with it, you do"

So I told Mr. P that I would seek legal advice and possibly legal action against him and his company for breech of contract.

He told me to do what I have to do and hung up.

Let turn this around... if I would have won an auction and I refused to pay and claim it was an honest mistake, you think South Florida Truck would just let it slide. I don’t think so. They would have their lawyer all after me in a heartbeat.

So what does everyone think about this? I know other Sellers on eBay have honored their so-called honest mistake and the Buyer did eventually get their item for the price of the auction.

Any advice?

Thanks in advance!
They are legally obligated to sell you the car for the listed price. Of course, nothing will stop them from attaching a few dings, dents and scratches to discourage your purchase nor swap the tires for bald ones, etc. They're greasy little bastards. They hold the cards on the condition of the vehicle, unfortunately, and you hold the cards on the purchase price. EBAY sellers sell cars all the time for $8000 to $10,000 off retail value. There's no way you could have known that this was not a legitimate deal. Call a lawyer, if you want the car. They're hoping you'll just move on. And, don't expect ebay to help you because they couldn't care less.

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