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Weblog army joins Californian's BMW bid

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By RICHARD PIERSOL/Lincoln Journal Star

Tuesday, Mar 25, 2008 - 05:32:27 pm CDT

The automotive market has been buzzing about the new BMWs.

A couple of weeks ago, a posting on Autoblog described reports that the 2008 BMW M3 Coupe was hitting U.S. dealerships. One dealer raised the suggested price on one of these “Bavarian über coupes” by $30,000 to around $100,000.

Then Husker Auto Group of Lincoln displayed an M3 sedan on eBay — and didn’t set a reserve (a minimum bid).

Story Photo
A BMW M3 sedan in action. (Courtesy photo/BMW AG)

Ken Tanisaka of Los Angeles bid $60,000 and won the auction. He was the only bidder.

But then, according to Tanisaka’s Web posting, Husker Auto Group balked at awarding him the coveted BMW, claiming the listing was a “mistake.”

“Anyone ever experience anything like this on eBay?” Tanisaka asked on the Web. “Please feel free to chime in.”

And all hell broke loose in the blogosphere Sunday and Monday.



His post drew more than 200,000 hits. Hundreds of people responded to him.



And mostly anonymous posters on a variety of sites trashed Husker Auto Group, speculated on the outcome, encouraged Tanisaka, interpreted eBay rules, offered legal advice and generally scalded the Web with high-octane outrage.

Even Tanisaka called it “very scary.”

As the invective mounted Monday, Tanisaka made a conditional deal with Husker Auto to get the car and tried to calm the storm.

In fact, he pleaded with the legions who identify themselves with names like “moosepoop” to lay off the dealer while he tried to settle details of an agreement he said he had reached, “with conditions.”

“... One thing that I would like to make everyone aware of is, BMW of Lincoln is proactively working to correct the situation that they screwed up,” he wrote on BimmerPost Monday.

“They are trying to do right, so please don't harass the dealership right now. No phone calls, threats, e-mails or fake sales calls.”

In an interview Tuesday, Tanisaka’s lawyer, Scott Tepper, said he couldn’t comment because discussions with the dealership were still going on.

Ryan Mathis, sales manager for Husker Auto Group, acknowledged Monday the dealership had agreed to sell the car to Tanisaka.

We didn’t have the reserve set properly,” Mathis explained. “We had a ‘buy it now’ at $67,800. It was an error by our eBay manager, $67,800 was supposed to be the reserve.”

His dealership’s service record is impeccable, Mathis said, and he doesn’t feel as though publicity from the Web commenters muscled him into anything.

“No, we’re just trying to do the right thing,” Mathis said. “We don’t legally have to do this. I’m getting a lot of publicity on it, maybe I’ll sell some more cars.

“These bloggers out there, they have lots of time on their hands to do this.”

Tanisaka acknowledged as much Monday on the BimmerPost.

“The past few days have been insane,” he wrote. “Just thinking about what has transpired, leaves you speechless really. How did this thing go from a M3post.com rant to what it became today? In 3 days, the site amassed 650+ comments and 200,000 page views, with people posting from all around the world, lending their support and help. That’s people I don’t even know!

“Amazing stuff, and probably the coolest thing I have ever been part of, leveraging the Internet in a way that I have never seen before.”

Reach Richard Piersol at 473-7241 or at dpiersol@journalstar.com.


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Jason wrote on March 25, 2008 5:01 pm:
" "Trying to do the right thing"... Suuure! After all, everyone knows car dealers are the pinnacle of morality. "

Tommy Macroon wrote on March 25, 2008 5:10 pm:
" good luck man!!! "

interesting wrote on March 25, 2008 5:30 pm:
" The "buy it now" amount was changed several times during the three day auction. So the mistake was made several times over... "

Bill in Lincoln wrote on March 25, 2008 5:47 pm:
" ....being in the car business for 24 years in Lincoln, how surprising that the "dealer," with the "reputation," made front news in regards to something "bad." Screw it up and then don't make it right. Way to keep people thinking that car people are thugs!! Some of us do this for a living and don't screw people intentionally or unintentionally! "

CS wrote on March 25, 2008 6:56 pm:
" He WAS legally bound to do it. Ebay's TOS stipulates that a winning bid is a binding contract, period. If you screw it up, good luck getting Ebay to side with you. "

Jonathan wrote on March 25, 2008 7:02 pm:
" “We don’t legally have to do this. I’m getting a lot of publicity on it, maybe I’ll sell some more cars."

This guy cracks me up. Husker Auto gets international press (there were literally soldiers in Afghanistan checking in on the story) for trying to back out of an Ebay deal they weren't making money on, and he's pretending that it's a good thing. Anyone who's ever used Ebay or bought a car knows darn well that these guys knew exactly what they were doing. Anyone who knows law can tell you that Husker Auto is on the hook here. If you look at their Ebay feedback, it looks like this type of incident isn't entirely isolated, either. This kind of stuff is why people don't like car dealerships.

Way to give Nebraska a bad name, Husker Auto! "

Randy wrote on March 25, 2008 7:05 pm:
" Sounds just like Husker Auto. Set the price and then renig on it. How many times did Husker look at there listing on ebay. And they did not catch this. Hurray to Mr. Ken Tanisaka he got a good deal. This is why husker has such a high turn over in empolyees. "

Clifford wrote on March 25, 2008 7:34 pm:
" Check the BBB for the Husker Auto Group's actual record. Impeccable is far from the truth.

And let Fil know that I'm praying for his hair. "

TS wrote on March 25, 2008 7:35 pm:
" Anyone who knows anything about the car business knows that niche cars can carry a premium, and is a very easy way for a dealer to make up for losses taken on most deals. It's unfortunate that the manager made this mistake. A vehicle that difficult to find could have made the dealership an extra $30-$50k. My guess is he will be looking for a new job. "

RX7owner wrote on March 25, 2008 7:37 pm:
" As one of the "upset posters" to the M3post.com complaint,
I'm really delighted at what a group of anonymous and
(for the most part) sincere car enthusiasts were able to
do to support one of their own. There were a few writers
who clearly seemed to be either shills for the dealership
or otherwise inclined to support Husker BMW, but the very
great majority were solidly behind Mr. Tanisaka.

It makes me wish we could harness some of this outrage to
deal with some of the other ills and abuses by the powerful
that our country has...

RX7owner "

Andy wrote on March 25, 2008 7:39 pm:
" His dealership’s service record is impeccable, Mathis said, and he doesn’t feel as though publicity from the Web commenters muscled him into anything.
---
This is ridiculous. Check their dispute record with the Better Business Bureau to see how "impeccable" they are. A lot of things in the whole behavior of Husker BMW display signs of intent (tring to avoid the terms deception and baiting tactics, but.. oops, I said it.) "

Micah P. wrote on March 25, 2008 8:59 pm:
" Typical car dealer shenanigans. It is no wonder why everyone thinks these guys (I've never seen a car saleswoman) live under rocks. The cream of the crop, in a dead-last tie with lawyers. Tools. I'd sue them if I were this man. "

So Funny wrote on March 25, 2008 9:07 pm:
" I love the "we don't legally have to do this". That is odd, if he had bid $6,0000 over invoice, would he legally have to buy the car? eBay regulations are quite clear that when someone wins an auction, a LEGALLY binding deal has been reached. If your eBay lister is too stupid to know what a reserve price is, or forgot to put it, then you have an employment issue, not a legal one.

Course, what should we expect from the fine folks who have come to rip-off Lincolnites for so many years. The bad pub serves them right. "

Bill wrote on March 25, 2008 10:14 pm:
" "$67,800 was supposed to be the reserve.”

Suuuure, if you believe that, I've got a bridge to sell you!

It stated right on their eBay auction before it ended, "NO RESERVE".

Husker owes the winner the car for the selling price. These so-called "conditions" Husker wants to put on the buyer, whatever they are, reek of an attempt to cover up their seemingly slimy behavior. "

David wrote on March 26, 2008 3:53 pm:
" You can't really go off the BBB to properly judge their service record. If you thought they did a good job you wouldn't tell the BBB.

I had no complaints with Husker Auto and thought they did a really good job with my car purchase. "

Spencer wrote on March 26, 2008 5:48 pm:
" They still haven't given him the car. From his last post

"Ok, here is where we are. My lawyer has been working on my behalf.

He got the dealership to remove two conditions Fil Catania tried to impose on the deal on Monday. The first condition was that I agree not to sell the car for 2 years. They agreed (through their corporate counsel in Arizona) to drop that one. The second condition was that I agree to confidentiality and that I do something to stop the press from contacting the dealership and say something nice about the dealership. We got that one dropped, too.

I was told to arrange to make the deposit with Fil Catania at the dealership today (and was given a 4 hour deadline). To my dismay, Fil Cataniam, the GM, used my call as an opportunity to berate me, telling me CSNBC, etc.,. etc., were calling the dealership again. In my call to him, he also refused to take my credit card! In essence, he has rejected the deal corporate counsel for the parent company had worked out with my lawyer last night.

So I am ceasing communication with the dealer for now. My lawyer drafted the letter that appears below (he has dealt with Mr. Herbert Klein, general counsel for BMW NA in the past), which he faxed earlier today to BMW NA..

Also, other dealerships have been calling me, offering not only support, but greart deals on M3s! As much as I would love to take one of them, I don't know tif they are real offers or not, and I simply want BMW of Lincoln to live up to its obligations to me.

I would ask that no one call the dealership or BMW NA about this, but just wait and see what happens next. I know my lawyer is preparing a lawsuit, and if we have to file it, I will post further information here. It will also be interesting to see if BMW NA, now that it has been "officially" notified, does anything about this. This will be a good object lesson for all of us about how a car company stands up for its customers, don't you think?"
"

Anthony wrote on March 26, 2008 7:23 pm:
" retracted the offer again...what a bunch of losers! "

NewCar wrote on March 26, 2008 8:50 pm:
" I'm in the market for a new luxury car. I was thinking about checking out the BMW dealer in Lincoln. I'm going to think twice about that. What a mess! Why don't they just give the dude the car, take a loss (not that much) and move on? They are just asking for it! "

Leadphinger wrote on March 27, 2008 11:22 am:
" I tried to buy a new C300 Mercedes Benz from Husker and was treated like a schmuck. The sales manager (Fil?) insinuated that i wasn't a serious buyer and couldn't afford such a car...I got into my slightly older mercedes and left. A few weeks later i got a post card in the mail offering an oil change, when I went in for that...they found nearly $4000 worth of other things to fix. I took it to an independent garage and had all $4000 worth of work done for $800...BEWARE!!! "

Jessica wrote on March 28, 2008 11:38 pm:
" This is much more interesting than Britney Spears pantyless shananagins, I wonder why this isn't on News Networks (besides the small town local ones). This is soooo ridiculous, it just gives them a bad name, I hope the guy gets everything he can out of them and teaches them a lesson on what's right and wrong...oh and this Mathis guy....YOU ARE LEGALLY OBLIGATED this is hardly a $10,000 gift that you are giving this guy just to be nice....I will definitely never go there! "

Richard wrote on March 30, 2008 2:54 am:
" I hope this dealership does the right thing and sells Ken the BMW for the legal binding eBay transaction of $60,000!

I know one thing, I just started a website where dealerships are allowed to list their cars for free. Now, if this particular dealership tries to list their inventory on my site, I'll ban them pretty darn quickly!

Good luck Ken!

Richard
www.sellmyride.us "

Ryan wrote on April 1, 2008 2:41 am:
" As a member from M3post, this situation just sucks! I guess they really want to make a killing of this M3 but didn't get a chance to. KEN! We are behind you all the way man!!!!!! I understand we are all in a business to make money, but if you mess up, and the customer is right and won a bid, give it up already! "