Guy wins new EVO for 26K on Ebay - Mark Mitsubishi (seller) refuses to sell it! EDIT: BUYER WINS, DEALER CAVES IN!!!!

[Sunny129]

i'd bring a suit against the dealership. some would argue that its almost not worth it in legal fees, but we're not just talking about $26K in cash. we're talking about a high performance vehicle that has more than just monetary value. it has aesthetic value in that i have only seen two on the roads in the U.S. thus far.

 

[SunnyD]

Suit against is only possible if eBay rules that the termination clause the dealership provided in the sale is against eBay terms of service. If eBay does this only then will the winning bidder have recourse. Even so, I think it is very unlikely that a court would rule for the customer, even on the grounds of breach of contract.

 

[alkemyst]

Originally posted by: SunnyD
Suit against is only possible if eBay rules that the termination clause the dealership provided in the sale is against eBay terms of service. If eBay does this only then will the winning bidder have recourse. Even so, I think it is very unlikely that a court would rule for the customer, even on the grounds of breach of contract.

Ebay does not have to be any part in the lawsuit.

There rules are clearly interpreted, the ebay ad's own disclaimers actually hurt the dealership's cause more.

Ebay is a 'real' auction site, no one seems to get that.

You try to pull this crap in a Christie's auction whether you are a bidder with no money or a seller with no claim to the item being sold, you are getting sued and you will lose.

 

[RMSistight]

OH SNAP! Check out the t-shirts they made!

Mark Mitsubishi T-shirt

DAMN! This is tight! I like it!

 

[Sunny129]

Originally posted by: SunnyD
Suit against is only possible if eBay rules that the termination clause the dealership provided in the sale is against eBay terms of service. If eBay does this only then will the winning bidder have recourse. Even so, I think it is very unlikely that a court would rule for the customer, even on the grounds of breach of contract.

i see how the involvement of a third party complicates things a bit. lets suppose Mark Mitsubishi's termination clause isn't against eBay terms of service. is there not still a direct breach of contract between the dealer and the bidder? or does the existance of a third party (i.e. eBay) negate the concept of direct contract between the dealer and buyer?

and what about pulling out of an auction? that to me sounds like it might be a violation of contract between eBay and the seller. i know eBay does straight auctions, as well as auctions w/ an option to buy right away if you're willing to pay an amount more than the starting bid. in the former, i'd think that a seller is obligated to wait out the bidding period beefore retracting his or her goods from eBay. but i haven't read the "fine print," so maybe it can be done w/ out penalty...

i took a course in business law and ethics once, and this just seems like this has violation of contractual law written all over it. anyways, my professor once said "when you think you have an overwhelming chance of winning the suit, you still really only have a 50/50 chance."

 

[Sunny129]

Originally posted by: RMSistight
OH SNAP! Check out the t-shirts they made!

Mark Mitsubishi T-shirt

DAMN! This is tight! I like it!

LOL

 

[xEDIT409]

This guy is prolly so happy that the whole internet is behind him! I know I am! I hope this dude gets his car.

 

[imported_Mike]

Originally posted by: virtuamike
How about doing something constructive?

Call ALL the other Mitsubishi dealers in the area. Fill them in on the situation and explain to them that selling an Evo to Mark (original buyer) for $26K would set things right. It'd also be huge PR for that particular dealership, much more so than $5000 invested in say TV or radio ads. Hell you're gonna be viewed by millions of people worldwide as a savior.

Skimmed through the original thread and saw that someone had posted phone numbers and addresses to other Mitsu dealerships in the area if ya don't wanna look em up.

good idea IMO

LMAO @ the t-shirt

 

[mugs]

Originally posted by: alkemyst

Originally posted by: mugsywwiii

Wait a second, my understanding is that the dealership refused to sell it to him - meaning they did not take his money. If they didn't take his money how was he ripped off? He just didn't get the car for the price he wanted (don't these cars go for $30k normally?). I repeat, cry me a freaking river.

You my friend should be under supervision

Uh huh...

ebay and a winning bid is a contract.

You are correct sir. But in the grand scheme of things, is this really something that is worth the entire American Internet population between the ages of 16 and 20 getting so worked up about? It just blows my mind that people on all of these hundreds of forums think they are doing some great and noble thing by standing up for the "little guy" who's getting screwed over by the big bad car dealership that is trying to avoid losing thousands of dollars. Yeah, they should sell him the car - they SHOULD have set a reserve price. And I'm sure if the guy had called Mitsubishi and complained, Mitsubishi would make the dealership sell him the car. But I know I won't lose any sleep over this guy not getting the car for the price he wants, because I'm not paranoid that when they kill all of the Jews and Communists, no one is going to be there for me if I go to Circuit City to buy a video card and there's a network card in the box.

Let's just say for example... (bunch of crap deleted)

Did any of that actually happen? Or was it just a bunch of irrelevant crap?

 

[imported_Mike]

You are correct sir. But in the grand scheme of things, is this really something that is worth the entire American Internet population between the ages of 16 and 20 getting so worked up about? It just blows my mind that people on all of these hundreds of forums think they are doing some great and noble thing by standing up for the "little guy" who's getting screwed over by the big bad car dealership that is trying to avoid losing thousands of dollars. Yeah, they should sell him the car - they SHOULD have set a reserve price. And I'm sure if the guy had called Mitsubishi and complained, Mitsubishi would make the dealership sell him the car. But I know I won't lose any sleep over this guy not getting the car for the price he wants, because I'm not paranoid that when they kill all of the Jews and Communists, no one is going to be there for me if I go to Circuit City to buy a video card and there's a network card in the box.

A million people the entire internet population? Not sure about anyone else, but im sure as hell not going to loose sleep over this. A lot of people are saying he was ripped off, but he wasn't...not yet at least. He got the short end of a stick & Mart Mitsu is pretty shady from the *few* stories, including this one, I have read about them.


Personally, I find the whole situation humorous, and it's fun to read some of the post. I also hope you really don't believe mitsu USA would make Mark Mitsu to give Mark the car...at least not any time soon.

 

[mugs]

Originally posted by: CheapArse

You are correct sir. But in the grand scheme of things, is this really something that is worth the entire American Internet population between the ages of 16 and 20 getting so worked up about? It just blows my mind that people on all of these hundreds of forums think they are doing some great and noble thing by standing up for the "little guy" who's getting screwed over by the big bad car dealership that is trying to avoid losing thousands of dollars. Yeah, they should sell him the car - they SHOULD have set a reserve price. And I'm sure if the guy had called Mitsubishi and complained, Mitsubishi would make the dealership sell him the car. But I know I won't lose any sleep over this guy not getting the car for the price he wants, because I'm not paranoid that when they kill all of the Jews and Communists, no one is going to be there for me if I go to Circuit City to buy a video card and there's a network card in the box.

A million people the entire internet population? Not sure about anyone else, but im sure as hell not going to loose sleep over this. A lot of people are saying he was ripped off, but he wasn't...not yet at least. He got the short end of a stick & Mart Mitsu is pretty shady from the *few* stories, including this one, I have read about them.

Hyperbole... it seems that everyone who reads this posts it on every other forum they browse... Seems sort of trivial to me. Thank you for agreeing with me that he wasn't ripped off though.

Personally, I find the whole situation humorous, and it's fun to read some of the post. I also hope you really don't believe mitsu USA would make Mark Mitsu to give Mark the car...at least not any time soon.

I don't believe Mitsubishi would make Mark Mitsubishi GIVE this guy the car, but it's not unreasonable to think they would make them SELL him the car (to save face if nothing else), since that is essentially what they agreed to do when they let the auction end. I find the whole situation humorous as well.

 

[alkemyst]

Originally posted by: mugsywwiii

You are correct sir. But in the grand scheme of things, is this really something that is worth the entire American Internet population between the ages of 16 and 20 getting so worked up about? It just blows my mind that people on all of these hundreds of forums think they are doing some great and noble thing by standing up for the "little guy" who's getting screwed over by the big bad car dealership that is trying to avoid losing thousands of dollars. Yeah, they should sell him the car - they SHOULD have set a reserve price. And I'm sure if the guy had called Mitsubishi and complained, Mitsubishi would make the dealership sell him the car. But I know I won't lose any sleep over this guy not getting the car for the price he wants, because I'm not paranoid that when they kill all of the Jews and Communists, no one is going to be there for me if I go to Circuit City to buy a video card and there's a network card in the box.

Let's just say for example... (bunch of crap deleted)

Did any of that actually happen? Or was it just a bunch of irrelevant crap?

apparently it is worth the entire population of the internet getting worked up about....and let me guess you are an older man? I am 32, the majority of the Corvette Forums that are involved are mid 20's and up, same way with a lot of the other forums. Let me also guess you constantly think to yourself you are glad you "weren't like this" when younger?

I have no fcking idea what the Jews and Communists thing has to do with anything, did you miss a pill or two today? Why does it blow your mind that it takes things like the World Trade Center, the Fires in CA, some dumbass mechanic ragging on a customers mustang cobra, and now a dealership stiffing a guy on a once in a lifetime opportunity for him for people to act like a 'society' should. Did mommy pull her breast away for you as an infant? Did she drop you on your head repeatedly? Grouphug.us can be your therapy.

I posted the possibilities of how he could be losing money on this deal regardless whether the cash ever exchanged hands between himself and the Mits. dealership. Let's not talk about his situation this time, let's talk about every seller on ebay pulling this stuff after close of auction, you could have paid for airfare, loan fees, sold off things, 1,000's of things are possible, paid for accessories, etc...

An auction is a real-life transaction and once it closes one side expects payment, the other side expects the item....you should not have to second guess that.

 

[alkemyst]

Originally posted by: CheapArse
A million people the entire internet population? Not sure about anyone else, but im sure as hell not going to loose sleep over this. A lot of people are saying he was ripped off, but he wasn't...not yet at least. He got the short end of a stick & Mart Mitsu is pretty shady from the *few* stories, including this one, I have read about them.

Personally, I find the whole situation humorous, and it's fun to read some of the post. I also hope you really don't believe mitsu USA would make Mark Mitsu to give Mark the car...at least not any time soon.

Ok so next time a bidder doesn't pay you on ebay, leave them a positive, same with heatware....you are one of those geeks that loves to play devil's advocate.

I am willing to bet if Mits. Japan gets involved esp. as they are already embarrassed by the illinois harrassment issue, they will make this right. Maybe, like you, American's think they can bend the rules and manners to suit their own ends....I guarantee the guy get's an EVO out of this deal...I don't think anyone is claiming a free car, just an equivalent to ebay one for the $26k. The difference is $6k....sort of a costly mistake, but my own business which is small deals in losses more than that....it's part of doing business.

 

[imported_Mike]

it seems that everyone who reads this posts it on every other forum they browse... Seems sort of trivial to me.

huh?

I don't believe Mitsubishi would make Mark Mitsubishi GIVE this guy the car, but it's not unreasonable to think they would make them SELL him the car (to save face if nothing else), since that is essentially what they agreed to do when they let the auction end. I find the whole situation humorous as well.

Obviously they wouldn't GIVE him the car. At this point, I do think it's unreasonable to think that mitsu would make them sell the car. Maybe if the ENTIRE internet population were to get some media coverage & some true bad publicity. Maybe if they recieved enough complaints.

Most of the people following this situation/responding to it are quite like me. 1)Im in no way planning on buying a car in the near future(or if they are, not in Scottsdale ). Just b/c people say that the dealership "sucks" does not effect loss of sales yet. 2)I didn't even bother to call HQ mitsu to complain, as the majority of the people posting didn't either. In the original thread, I remember reading that one guy said he was like 2nd person to call & complain @ the national level, and that was on page 28 or something.

At this point, Mark Mitsu has no real pressure. Not from corporate, not from the community...but we will see, that could change rather quickly.

 

[silverpig]

Originally posted by: MercenaryForHire
Mark Mitsubishi Scottsdale Toll-Free Number

888-445-2190

:evil:

- M4H

Heh, ever see that Seinfeld episode where Kramer had those recipes faxed to Elaine's house constantly?

"EEEEEEEEEEEEEEEEE AAAAAAAAAAAAAWWWWWWWWWWWWWWWW!!!!"

 

[mugs]

Originally posted by: alkemyst

apparently it is worth the entire population of the internet getting worked up about....and let me guess you are an older man? I am 32, the majority of the Corvette Forums that are involved are mid 20's and up, same way with a lot of the other forums. Let me also guess you constantly think to yourself you are glad you "weren't like this" when younger?

I'm 22, and I guess I've just learned that there are worse atrocities than not getting a $30,000 car for $26,200. You mention a few of them in your next paragraph.

I have no fcking idea what the Jews and Communists thing has to do with anything, did you miss a pill or two today?

No, I was alluding to ucdnam's post earlier on this page.

Why does it blow your mind that it takes things like the World Trade Center, the Fires in CA, some dumbass mechanic ragging on a customers mustang cobra, and now a dealership stiffing a guy on a once in a lifetime opportunity for him for people to act like a 'society' should. Did mommy pull her breast away for you as an infant? Did she drop you on your head repeatedly? Grouphug.us can be your therapy.

Sept 11th directly affected thousands of people. The California wildfires are affecting thousands of people. I don't know the story about the Mustang you're referring to, but I suspect it only affected a few people. This situation involves ONE GUY who missed out on a deal on a car. Yeah I wish the guy got the car... he probably will... but is it really worth "mobilizing" millions of Internet forum readers to punish the dealership?

I posted the possibilities of how he could be losing money on this deal regardless whether the cash ever exchanged hands between himself and the Mits. dealership. Let's not talk about his situation this time, let's talk about every seller on ebay pulling this stuff after close of auction, you could have paid for airfare, loan fees, sold off things, 1,000's of things are possible, paid for accessories, etc...

Some of those things COULD have happened, but they didn't. If they did, there's small claims court.

An auction is a real-life transaction and once it closes one side expects payment, the other side expects the item....you should not have to second guess that.

I don't dispute that. I'm just questioning why you people are getting so worked up about this.

 

[alkemyst]

Originally posted by: mugsywwiii


I'm 22, and I guess I've just learned that there are worse atrocities than not getting a $30,000 car for $26,200. You mention a few of them in your next paragraph.

That's really really irrelavant...it's like saying why go see the Matrix when people are starving, the two are not related. However, the guy got screwed and if I can help make it right it will probably help me when I get a Cisco router at 60% of what average is or less and then my seller tells me he sold it for more money....then I see him relist it higher a week later. It's getting out of control.

Sept 11th directly affected thousands of people. The California wildfires are affecting thousands of people. I don't know the story about the Mustang you're referring to, but I suspect it only affected a few people. This situation involves ONE GUY who missed out on a deal on a car. Yeah I wish the guy got the car... he probably will... but is it really worth "mobilizing" millions of Internet forum readers to punish the dealership?

Ok so are you saying during Sept 11th only those affected should have helped? Same with the wildfire's? The thing is these things, like the car also have potential to affect us, and if one can lend a hand they should. I am merely helping this guy, I am not worked up, I am not excited, I have free time, free long distance, and would like to make a statement on my disapproval as a ebay customer, a Mitsubishi customer (not a car though), and also a consumer in general. I feel the dealership deserves punishment in the form of sticking to their deal, yes....other's are free to disagree, but it's apparent the 'people' feel the same way I do.

Some of those things COULD have happened, but they didn't. If they did, there's small claims court.

This is a little more than small claim's court I believe....and also that is not the answer either....is every wronged person supposed to go out of their way now and sue?

I don't dispute that. I'm just questioning why you people are getting so worked up about this.

[/quote]

No one is worked up, I think you think people run around panicked and twitchy or something. I had nothing to do this afternoon as I am sore from starting my workouts again, so I relaxed and made some phone calls about this. I left my name, my address, and phone number....I let them know if they wanted verification to my complaint in the form of a letter I can do that, if they want a statement I can make one.

People on some other boards are worried of getting involved (people won't even use their free minutes to report a mugging they witness for god sake) and being charged with slander or libel....this is so freaking stupid. Any one in america is free to say I disagree with a business, they are free to write it down....they can make a shrine that they hate the business and pass out flyers to come see their shrine. The only way libel/slander would come into play was if someone made the statement "Mark's Mits. are all crooks" "Mr. Jones is a rapist" etc....now if Mr. Jones was a convicted rapist, he cannot hold that as damaging, it would be a fact...now if the sole use was to only damage Mr. Jones character and served no other purpose, a court may rule differently....

You see the very people saying "WHY GET INVOLVED!!!!" are being hypocritical as they are now getting involved by default.

 

[Yossarian451]

Originally posted by: mugsywwiii

Originally posted by: CheapArse

You are correct sir. But in the grand scheme of things, is this really something that is worth the entire American Internet population between the ages of 16 and 20 getting so worked up about? It just blows my mind that people on all of these hundreds of forums think they are doing some great and noble thing by standing up for the "little guy" who's getting screwed over by the big bad car dealership that is trying to avoid losing thousands of dollars. Yeah, they should sell him the car - they SHOULD have set a reserve price. And I'm sure if the guy had called Mitsubishi and complained, Mitsubishi would make the dealership sell him the car. But I know I won't lose any sleep over this guy not getting the car for the price he wants, because I'm not paranoid that when they kill all of the Jews and Communists, no one is going to be there for me if I go to Circuit City to buy a video card and there's a network card in the box.

A million people the entire internet population? Not sure about anyone else, but im sure as hell not going to loose sleep over this. A lot of people are saying he was ripped off, but he wasn't...not yet at least. He got the short end of a stick & Mart Mitsu is pretty shady from the *few* stories, including this one, I have read about them.

Hyperbole... it seems that everyone who reads this posts it on every other forum they browse... Seems sort of trivial to me. Thank you for agreeing with me that he wasn't ripped off though.

Personally, I find the whole situation humorous, and it's fun to read some of the post. I also hope you really don't believe mitsu USA would make Mark Mitsu to give Mark the car...at least not any time soon.

I don't believe Mitsubishi would make Mark Mitsubishi GIVE this guy the car, but it's not unreasonable to think they would make them SELL him the car (to save face if nothing else), since that is essentially what they agreed to do when they let the auction end. I find the whole situation humorous as well.

Mitsumi cannot make him do anything. They can only threaten to not sell him anymore cars. Like losing a franchise, no more shipmnets if he makes them look bad.

 

[NFS4]

Originally posted by: silverpig

Originally posted by: MercenaryForHire
Mark Mitsubishi Scottsdale Toll-Free Number

888-445-2190

:evil:

- M4H

Heh, ever see that Seinfeld episode where Kramer had those recipes faxed to Elaine's house constantly?

"EEEEEEEEEEEEEEEEE AAAAAAAAAAAAAWWWWWWWWWWWWWWWW!!!!"

BUAHAHAHA

This is great.

 

[alkemyst]

Originally posted by: Yossarian451

Mitsumi cannot make him do anything. They can only threaten to not sell him anymore cars. Like losing a franchise, no more shipmnets if he makes them look bad.

Whether it's direct or indirectly Mitsubishi can make their dealerships do whatever they want within reason.

I am sure there is a contract line somewhere that Mits. expects the dealership to act in good-faith with their brand and not cheat customers behind it.

They can go as far as pulling the franchise, and it's true that won't make them sell the car, but they'd be idiots to lose probably a few million in fees over a $6k loss, which is a minor one for a large dealership overall (big loss on one car, yeah, small loss compared to yearly).

I am sure Monday and Tuesday will be vindication days for this guy....this is all happening over the weekend and probably 1/2 the people that need to sign off or do whatever are not around.

 

[Rufio]

all the people who need to sign off and take care of this issue at Mark Mistubishi are there on the weekend.

the weekends are their busiest time of the week-- of course they would be there!!!!!

 

[alkemyst]

Originally posted by: Rufio
all the people who need to sign off and take care of this issue at Mark Mistubishi are there on the weekend.

the weekends are their busiest time of the week-- of course they would be there!!!!!

like their legal counsel and contact at corporate?

 

[SSibalNom]

spam him!

 

[bob4432]

here are some helpful links:

AZ Better Business Bureau

Channel 3 News -> they are always doing "3 on your side" -> investigative reporting. i would contact them, they will go to the dealership with their cameras and get the guy "on the spot"

i live in scottsdale and had actually gone to the dealership about a year ago because we were interested in test driving a mitsubishi (i wouldn't buy one from them, a friend owns a mitsubishi dealership in san francisco, i will try to contact him about this and see what he says), anyway, the sales people were so rude we just left.

 

[NFS4]

Has the originator of this whole story (the guy who "won" the Evo) posted any updates?