The people telling you to walk away are probably giving you the best advice.
I couldn't do it myself after they lied to me but I'm too hotheaded and mean.
If they had admitted they made a mistake and asked nicely we could have worked something out or walked away friends.
After what they did though they could buy my camper back from me and learn a life lesson about proper business procedures.
This is a battle you can't win, and no lawyer worth having will tell you that. Go ahead, call some lawyers, tell em your story, then ask what chance you have of getting a $30,000.00 RV for $15,000.00 (after they stop laughing). Better yet, tell them to sue for damages and tell them you'll give em 50% of whatever amount they win. In simplest terms I can give you, you don't have a the elements necessary for a verbal contract, or anything written and signed. You don't have a contract, you have no case. And the fact that your deposit was returned untouched just reinforces his case.
bid_time wrote: This is a battle you can't win, and no lawyer worth having will tell you that. Go ahead, call some lawyers, tell em your story, then ask what chance you have of getting a $30,000.00 RV for $15,000.00 (after they stop laughing). Better yet, tell them to sue for damages and tell them you'll give em 50% of whatever amount they win. In simplest terms I can give you, you don't have a the elements necessary for a verbal contract, or anything written and signed. You don't have a contract, you have no case. And the fact that your deposit was returned untouched just reinforces his case.
I'm no expert on these matters, but based on what we see here about a similiar case where this happened with a BMW, as well as the thoughts of those that seem to know far more about this than you or I...It seems your comments here couldn't be further from the truth.
If not for the 'Senior' member status, I'd almost suspect bid_time here was affiliated with that dealer, and just trying the same scare tactics they did originally with the OP, LOL.
I guess it depends on whether the Ebay auction would be viewed as a legally binding contract. If so, then I'd think this dealer will get their a** handed to them if this went to court. If not, then indeed, OP is pretty much out of luck.
bid_time wrote: This is a battle you can't win, and no lawyer worth having will tell you that. Go ahead, call some lawyers, tell em your story, then ask what chance you have of getting a $30,000.00 RV for $15,000.00 (after they stop laughing). Better yet, tell them to sue for damages and tell them you'll give em 50% of whatever amount they win. In simplest terms I can give you, you don't have a the elements necessary for a verbal contract, or anything written and signed. You don't have a contract, you have no case. And the fact that your deposit was returned untouched just reinforces his case.
They have to sell you the camper! Go after them. Good luck.
bid_time wrote: This is a battle you can't win, and no lawyer worth having will tell you that. Go ahead, call some lawyers, tell em your story, then ask what chance you have of getting a $30,000.00 RV for $15,000.00 (after they stop laughing). Better yet, tell them to sue for damages and tell them you'll give em 50% of whatever amount they win. In simplest terms I can give you, you don't have a the elements necessary for a verbal contract, or anything written and signed. You don't have a contract, you have no case. And the fact that your deposit was returned untouched just reinforces his case.
I'm no expert on these matters, but based on what we see here about a similiar case where this happened with a BMW, as well as the thoughts of those that seem to know far more about this than you or I...It seems your comments here couldn't be further from the truth.
If not for the 'Senior' member status, I'd almost suspect bid_time here was affiliated with that dealer, and just trying the same scare tactics they did originally with the OP, LOL.
I guess it depends on whether the Ebay auction would be viewed as a legally binding contract. If so, then I'd think this dealer will get their a** handed to them if this went to court. If not, then indeed, OP is pretty much out of luck.
Will
I would say the OP got exactly what he asked for, advice, 5 pages worth. I saw some advice on here that I thought was worth exactly what the OP paid for it. So I offered my opinion. As far as I am concerned, he can do what he wants, makes Nada difference to me. I can certainly make a prediction as to the final outcome though.
As for your reference to a "BMW Case", you have anything to put forth that there really was a "BMW case", what the particulars where, how it transnpired, and how it really turned out, or is this just hearsay? All court cases I know of are published, or they didn't really happen. I sure would be interested in reading the case. I am not to old to learn something new, but I am skeptical of claims that have nothing behind them.
I would think that any decent lawyer should be able to get a "specific performance" ruling. But, are you willing to pay more than $15,000.00 in attorney fees?
Settle for getting them permanently banned on EBay.
Wayne in San Jose
TV1:2002 Chevy 1500HD 4wd Crew Cab,Valley Odyssey brake ctlr,McKesh mirrors
TV2:2008 GMC 2500HD long bed 4wd Crew Cab,GMC brake ctlr,GMC mirrors
TT:Trailmanor 2720
Honda 2000
Yamaha WR250R,Polaris Sportsman 700 X2,Polaris Scrambler 500
I think you knew before the close of auction that something might be amiss, and you even eluded to it in your original post starting this thread. You knew they were listing everywhere else for $29,000+, and I would have assumed, if I were in your shoes, that there should have been a reserve on the Ebay auction for that amount, and that there must be an error. I would have contacted the seller prior to close of auction to make them aware of the apparent mistake, or at least clarify that issue, and given them a chance to fix it. I've actually done this. It's obvious that the seller made a big mistake on the Ebay ad not showing a reserve, and then compounded it by not admitting the mistake. At this point you're in for a big legal fight, with no guaranty that you will win in the end. You could easily spend $15,000 grand in legal expenses, and not get the trailer. If I were in your shoes I would walk away from this messy situation.
bid_time wrote: This is a battle you can't win, and no lawyer worth having will tell you that. Go ahead, call some lawyers, tell em your story, then ask what chance you have of getting a $30,000.00 RV for $15,000.00 (after they stop laughing). Better yet, tell them to sue for damages and tell them you'll give em 50% of whatever amount they win. In simplest terms I can give you, you don't have a the elements necessary for a verbal contract, or anything written and signed. You don't have a contract, you have no case. And the fact that your deposit was returned untouched just reinforces his case.
I'm no expert on these matters, but based on what we see here about a similiar case where this happened with a BMW, as well as the thoughts of those that seem to know far more about this than you or I...It seems your comments here couldn't be further from the truth.
If not for the 'Senior' member status, I'd almost suspect bid_time here was affiliated with that dealer, and just trying the same scare tactics they did originally with the OP, LOL.
I guess it depends on whether the Ebay auction would be viewed as a legally binding contract. If so, then I'd think this dealer will get their a** handed to them if this went to court. If not, then indeed, OP is pretty much out of luck.
Will
I would say the OP got exactly what he asked for, advice, 5 pages worth. I saw some advice on here that I thought was worth exactly what the OP paid for it. So I offered my opinion. As far as I am concerned, he can do what he wants, makes Nada difference to me. I can certainly make a prediction as to the final outcome though.
As for your reference to a "BMW Case", you have anything to put forth that there really was a "BMW case", what the particulars where, how it transnpired, and how it really turned out, or is this just hearsay? All court cases I know of are published, or they didn't really happen. I sure would be interested in reading the case. I am not to old to learn something new, but I am skeptical of claims that have nothing behind them.
There was no "Case"! if you'd take a bit of time to read it.. You'd figure that out. The winning bidder DID get a lawyer to help him out, but most of the pressure came from A LOT of negative publicity hitting the news and swarming the internet. The dealer figured the winning bidder wouldn't battle it out as, most are right, isn't worth the Legal costs. What that BMW Dealer DIDN'T count on was thousands and thousands of phone calls, bad publicity across any and every automotive forum. The dealer ended up relenting and giving him his car. Legally, the dealer is obligated to complete the transaction. And the OP SHOULD file a complaint with EBay. I submitted the story to DIGG.com as well. It all boils down to how bad the OP wants that trailer for 15K. He will have to fight for it, but it might be worth it in the end.
I think the dealer could have.. COULD have saved face by coming clean and not making up a bunch of BS.
This story could grow legs and really come to bite Nelson's RV in the rear.
The Nelson outfit sounds just dumb and can intimidate most buyers to date.
I can tell you legal fights are expensive in that state and the laws are incomplete. Where an uneducated Justice of the Peace reigns in a local courtroom you will have problems.
You may want to send a copy to the entity that issues business licenses in that city and another to the Fraud Division of its police force. Keep the pics beause they truly suggest fraud. The old addage that "If it sounds too good to be true, it probably is" applies here. Another possibility that costs almost nothing is to buy a similar unit and file in Small Claims Court for the difference. Be careful in all correspondence because the doctrine of "Unjust Enrichment" may backfire on you. Good luck and whatever you do makes it better for RVers to follow.
* This post was
edited 07/22/08 09:16pm by an administrator/moderator *
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They have to sell you the camper! Go after them. Good luck.
