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#1 |
Scooby Newbie
Member Sales Rating: (0)
Member#: 35728
Join Date: Apr 2003
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![]() Mark Mitsubishi in Scottsdale AZ makes me ashamed to be a "Mark".
I was the legimate winner of an ebay auction last night (http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=2438028950) for a Evo. I've been in the market for a STi or an Evo. Each has their strengths and weaknesses. A primary attraction for this car was the final $26200 e-bay price for an untitiled car. Josh Jones at Mark Mitsubishi in Scottsdale AZ emailed me after the auction had ended and informed me that the car had been sold to an autobroker for a greater amount. The auction did not end early and was not cancelled. ----- Original Message ----- From: Mark Mitsubishi To: XXXXXXXXXXXXXXXX Sent: Thursday, October 23, 2003 9:30 PM Subject: 2003 evo I have to appologize that evo was bid by an auto broker for 32987.00. I do have other evos in stock. Again I appoligize Thank You Johs Jones I consider this very unethical behavior. Mark Mitsubishi in Scottsdale AZ apparently was awarded Mitsubishi's Diamond Chapter of Excellence. If Mitsubishi awards this dealer Diamond status, I do not know if I could ever recommend a Mitsubishi product to anyone. I called Mark Mitsubishi late Friday afternoon because Mark Mitsubishi never contacted me via any method, despite several e-mails on my part requesting same. I spoke with Josh Jones, the internet sales manager. Mr. Jones was fairly professional in demeanor giving the circumstances. He informed me that he would not sell the e-bay car to me at the auction price because it was worth far more than that. He said the car was already sold to another buyer. He said he was a "business man" and got a better offer so he took it. I informed him that he was in violation of e-bay rules. He told ME to read the fine print which allowed his actions. I told him he was under certain contractual obligations when he places an item on e-bay and he did not comply with them. He also said he was very busy and did not get a chance to cancel the auction after receiving this alleged better offer. He informed me the car was "gone" or "sold" and asked what I wanted him to do. Mr. Jones said he was not going to sell me the car because I threaten him and then mentioned a letter of complaint I had send to Mitsubishi Motors NA. I never threatened anyone at any time - I did however file formal complaints with the Better Business Bureau, e-bay.com, and Mitsubishi Motor NA. I forwarded copies of same to Mr. Jones. I told him I thought I should be the legitimate winner. He told me to give him negative feedback on e-bay. I asked if he was refusing to take my deposit on the e-bay car. He said he was refusing the deposit. Inspect the new Supercheap Auto Catalogue for car care deals. The call ended. I called the dealership the evening of the auction aproximately 1 hour or less before the auction closed. The salesman who I talked to did not mention the red e-bay car with leather and DVD was sold. I'm not sure but my brother is probably ashamed to be "Scott" for fear on having some connection to Mark Mitsubishi in SCOTTsdale AZ. Just venting. Thanks. Mark D
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Last edited by MarkD; 10-25-2003 at 01:26 AM. |
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#3 |
Scooby Specialist
Member Sales Rating: (0)
Member#: 9487
Join Date: Aug 2001
Location: SW MO
Vehicle:2002 Impreza WRX Silver Surfer |
![]() I am not a professional regarding Ebay transactions, but it does sound illegal to me. It would be one thing if the price listed was a mistake, but to fail to honor the price that the auction ended with is not right. I always see dealers writing that the auction is a "binding contract" and that dead-beat bidders will be prosecuted. I would think this would apply to dead-beat sellers as well. Many people are under the impression that transactions in "cyber-space" are not accountable to the laws of the land. Personally, I would call a lawyer with Internet experience to see if something could be done. If not, chalk it up as your typical negative car salesman experience and buy an STi!
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#4 |
Scooby Specialist
Member Sales Rating: (23)
Member#: 17332
Join Date: Apr 2002
Chapter/Region:
NESIC
Location: The neighbor's yard
Vehicle:2004 Black STI Not stock anymore |
![]() that e-bay page doesn't work - got another ?
CALL (and speak to a human) e-bay and find out what you can do to f this guy. |
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#5 |
Scooby Newbie
Member Sales Rating: (0)
Member#: 35728
Join Date: Apr 2003
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![]() Perform a general ebay search for "2438028950" and you should get there.
(full link [http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=2438028950]. Last edited by MarkD; 10-25-2003 at 01:31 AM. |
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#6 | |
Scooby Specialist
Member Sales Rating: (3)
Member#: 22068
Join Date: Jul 2002
Chapter/Region:
RMIC
Vehicle:00 GF4, 00 GM6 93 GF2 |
![]() Quote:
Depending on how far you are willing to pursue this, you should be able to get their account suspended for breaching the TOS at the very least (though since they have a negative feedback account they may just cut their losses and start another account). Other than that, you can try for mediation through Safe Harbor, or contacting an attorney and sueing them for breach of contract or something along those lines. Good luck. PS tip on leaving feedback, it's much more informative just to state why you are leaving the neg and not some emotional cry. Potential bidders would be much better off learning "Seller refused to honor auction, stated that car was sold to outside buyer for higher price" or something along those lines. |
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#7 |
Scooby Newbie
Member Sales Rating: (0)
Member#: 35728
Join Date: Apr 2003
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![]() kami333:
RE: ebay negative feedback I went for something silly that I thought may stick in people's mind a little longer. MARK MITSUBISHI MARK MITSUBISHI MARK MITSUBISHI All the relevant info is there -- it's simple -- whatever their reasons or justifications -- MARK MITSUBISHI backed out of the transaction. Thanks. |
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#8 |
Scooby Specialist
Member Sales Rating: (3)
Member#: 22068
Join Date: Jul 2002
Chapter/Region:
RMIC
Vehicle:00 GF4, 00 GM6 93 GF2 |
![]() I see what you mean, but from my perspective being silly just means that I'm going to file your feedback away as being less than trustworthy compared to one that is being serious (especially coming from a zero feedback bidder, nothing personal) and logical, just like I would tend to ignore one that was in all caps saying something like, "OMG HE RIPPED ME OFF DON'T DEAL WITH HIM"
I'm just saying that "MARK MITSUBISHI backed out of the transaction" (exactly what you just said in your post) would have looked like a more "professional" feedback. |
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#10 |
Scooby Newbie
Member Sales Rating: (0)
Member#: 24539
Join Date: Sep 2002
Chapter/Region:
NESIC
Location: Blue Line, MBTA
Vehicle:2003 WRB Rex wagon 02 2.5RS -RIP |
![]() This guys a dink - it clearly states in his "fine" print that they reserve the right to NOTIFY you if they were canceling the auction
The bidding ended at 6:44pm and they sent you an email at 9:30pm - unacceptable http://cgi.ebay.com/ebaymotors/ws/eB...tem=2438028950 NOTE We reserve the right to notify bidders and cancel this auction AT ANY TIME. We shall not be held liable for any such cancellation and/or closure. We reserve the right to cancel bids from those with excessive negative feedback. We shall not be held liable for any such cancellation and/or closure. Thanks for bidding and Good Luck !!! |
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#11 |
Scooby Specialist
Member Sales Rating: (23)
Member#: 17332
Join Date: Apr 2002
Chapter/Region:
NESIC
Location: The neighbor's yard
Vehicle:2004 Black STI Not stock anymore |
![]() I think everybody reading this should send Mark Mitsu a nastygram via e-mail to let them know that they are in trouble.
I did - you can too! Dude - that car has 210 miles on it - it's a demo model - it's been beaten. You should get it for 26K. Get a lawyer. Mark might have to pay your legal costs, depending on the laws in AZ. |
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#13 |
Scooby Guru
Member Sales Rating: (25)
Member#: 22412
Join Date: Aug 2002
Chapter/Region:
SWIC
Location: Albuquerque, NM
Vehicle:2012 Legacy 2.5GT Ice Silver Metallic |
![]() Welcome to the wonderful world that eBay has become of late - he clearly violated eBay rules, and also violated his own statement in "the fine print" that "We reserve the right to notify bidders and cancel this auction AT ANY TIME" - how do you cancel an auction which is already complete? If they had a bottom line in mind, they should have used the "reserve" function, that's what it's there for. Unfortunately, I seriously doubt that eBay will do anything other than slap-on-the-wrist email to them, and seeing as this is their first auction, they really don't have a feedback rating to protect - they were probably just testing the water on this one - if they want to try again, they'll just go open another account using the email from a different one of their sales people.
I have had a number of auctions (though for much lower value items) where the seller backed out after the fact, and even more where they get nervous and cancel the auction an hour before it ends... it's just the way it works - eBay can't really do much to police it, and the sellers get away with it. It sucks, but has become very commonplace. You should post this in the southwest forum (which might as well be the Phoenix, AZ forum...) and see if someone can do a driveby and see if the car is still there. The fact that the car has so many miles on it should set of flags - it's a demo and could have been thrashed a bit - but they have sunk a fair chunk of change into the car in cosmetic upgrades, so at $26k it may indeed have been cheaper than they could really afford to let it go... but as I said, they should have set a reserve price, then. By listing at $10k with no reserve, they were pretty much stating that they would go that low on the car (which is insanity, but that's neither here nor there) I think you have really done all you can at this point - pressing onward legally, etc. is just going to get you madder, and will probably not result in the end result you want (i.e., that car at $26k). |
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#14 |
Scooby Newbie
Member Sales Rating: (1)
Member#: 21974
Join Date: Jul 2002
Location: Illinois
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![]() Sounds like an internet version of "Bait and Switch".
They probably had no intention of selling it at that low price and that they forgot to monitor and cancel the bid before it closed. I also wonder if that so called auto broker really exisists. |
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#16 |
*** Banned ***
Member Sales Rating: (1)
Member#: 34997
Join Date: Apr 2003
Chapter/Region:
Tri-State
Location: Broomall, PA
Vehicle:99 Miata 10AE |
![]() Talk about a load of BS... really sorry to see something so unethically and blatantly wrong. That car was worth way more with the custom tv/audio set-up than $26K - and for all of you saying 210 miles it was probably beaten to death, I doubt it, and regardless, it comes with a full warranty. I would definitely get some legal advice and see if you have a case, and if not, picket them & or spread the word, and scare off a bunch of their potential customers... and let them know you will continue to discuss your experience with everyone you know until they make the situation right (evo 8 with same mods or their $ value at the price you won the auction at). Do not let them get away with this!!!
Good luck with everything..... Mike |
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#17 |
Scooby Newbie
Member Sales Rating: (0)
Member#: 35728
Join Date: Apr 2003
|
![]() Recently I received an e-mail from ebay. The e-mail said due to privacy issues that ebay would not reveal its determination re my complaint against MARK MITSUBISHI aka marks _auto, but was reviewing the situation.
Prior to my complaint, MARK MITSUBISHI had two vehicles for sale on ebay. I believe the second vehicle was a Camaro. If I am correct, the MARK MITSUBISHI listing for the Camaro was withdrawn from ebay prior to its scheduled completion time. I have no idea if this was voluntary or involuntary. Last edited by MarkD; 10-28-2003 at 02:58 AM. |
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#18 |
Scooby Newbie
Member Sales Rating: (0)
Member#: 38411
Join Date: Jun 2003
Location: Antioch, CA
Vehicle:2003 WRX Sedan 2001 Honda CR-V SE |
![]() I showed this thread to a co-worker of mine and he had a few suggestions that sounded really good:
1) Make a copy of the eBay auction page (save it as a file and then print it out). This way you'll always have a record of it in case eBay decides to delete the auction. 2) eBay doesn't really care about you or your transaction with the dealer. eBay DOES care about the public perception of their auctions. You might want to post this info on multiple forums (evo, mitsubishi, cartalk, etc) to get the word out. eBay wants folks to think their auctions are legit. |
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#19 |
Scooby Specialist
Member Sales Rating: (6)
Member#: 43752
Join Date: Sep 2003
Chapter/Region:
Tri-State
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![]() dude, if I were you I'd tell everyone and there mother about this. Even post in the town's newspaper where Mark Mitsu is, and state that his dealership isn't honest one bit.
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#21 |
Scooby Specialist
Member Sales Rating: (1)
Member#: 34729
Join Date: Apr 2003
Chapter/Region:
NWIC
Location: Portland, OR
Vehicle:06 WRX Wagon CGM 01 2.5RS coupe white |
![]() It's now on Anandtech, that 120k users right there.
I hope Mark Mitsubishi enjoys all this free advertising. |
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#22 |
Scooby Newbie
Member Sales Rating: (0)
Member#: 46413
Join Date: Oct 2003
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![]() You should contact the local tv stations and in az if you don't live there. Make a big fuzz about it so people will see how these guys run the business. It'll also put ebay in the lime light as well. If things turns out the way I think ebay and mark mits. will have to do something to stay away from bad press.
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#23 | |
Scooby Newbie
Member Sales Rating: (0)
Member#: 46415
Join Date: Oct 2003
Chapter/Region:
South East
Location: P
Vehicle:2005 Saab 9-2x Aero Red |
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#25 | |
Scooby Newbie
Member Sales Rating: (0)
Member#: 46420
Join Date: Oct 2003
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![]() Quote:
Someone with an account at SomethingAwful, get this into GBS, stat. Hmm, wonder if we can get this up on /. somehow? Tagline of "Online Fraud" perhaps ... ![]() - M4H |
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