Possible Yenko SOLD on e-bay/Second Thread

[farone]

JUST FOR YOUR INFORMATION, I AM THE THIRD PERSON INVOLVED WITH BKH AND BRIAN POTTER ON THIS DEAL... THAT'S WHO THE HELL I AM. SO YOU THOUGHT WRONG... CLINT...

[Mark_C]

Who's willing to lay down some cash that someone got quickrods email address, offered to float him the difference between 5500 and 8800 plus a nice finders fee if he completeed the transaction.

Dollars to donuts says that car never sees quickrods garage. [img]/ubbthreads/images/graemlins/no.gif[/img]

Just my opinion of course, after reading all the previous posts on this. Hope it's no one that frequents this site.

[Belair62]

Duane you are definitely in the drivers seat now !! Bet a lot of fresh new offers come your way...hold out for the most you can get !!! [img]/ubbthreads/images/graemlins/biggthumpup.gif[/img]

[jg95z28]

Unbiased opinion here.

The person that everyone should be screaming at is the Seller (ken6769). Obviously this guy had no clue he was selling a Yenko, otherwise he would have set his reserve price higher.

If he found that out before the auction closed; he must have figured Yenko enthusiasts would see the auction and the price would have gone much higher. Since the information on the item had changed he could have cancelled the auction legally because the information was incorrect and reauctioned it later.

Secondly, he could have ended the auction at anytime, before the closing time, even after the reserve was met, simplying stating that he sold it off of ebay. It sounds like according to Duane (quickrod1) that is kind of what happened, however the seller kept the auction going (probably hoping to get a better deal).

Once the auction ended and the reserve was met, under the terms of ebay, ken6769 and quickrod1 had a binding contract. Furthermore, since quickrod1 had met the terms of the sale ($1000 deposit down) he has met the initial terms of that contract.

If for some reason ken6769 and quickrod1 failed to close the deal, then ken6769 could offer the car to bkhpah (farone), however, I don't believe there is anything binding in the ebay terms of the sale that requires him to do so.

If you follow the ebay terms to the letter, Duane(quickrod1) did in fact win the auction and is owed a product by ken6769, since he has met the auction terms.

Unfortunately for Duane, if ken6769 decides to cheat him out of the deal, there isn't much ebay will do, other than allow Duane to give him negative feedback.

However, if Duane mailed his deposit to ken6769, there is still a possibility of going after ken6769 for mail fraud, which would be a Federal offense. (Check with your local authorities.)

I don't blame anyone for trying to make a back door deal before the fact. While trying to do so after the auction has closed goes against the principles of ebay, it technically isn't illegal if they weren't involved with the original auction. However, what is quite evident is that the person everyone should really be upset with, is the seller, ken6769.

Anyway, just my unbiased observation.

[Charley Lillard]

If Duane really is Quickrod and what he is saying is true than I think the problem lies with the seller. If he had already sold the car to Duane than how can anybody believe he was telling the truth about any of the other stuff. There are so many loopholes with Ebay now I doubt that any Ebay Auction is very Enforceable anymore. Do we have a real Name of the Seller ? If he really sold the car to Duane but was still trying to sell it to others than I would think someone should file a Complaint with Ebay. Brian, Brian,Clint and Frank... None of you really know what the seller was telling the other prospective buyers so you might want to slow down before slinging more Mud. Maybe the Seller would care to Chime in here ? In light of all that has transpired, I would like to see the actual vin and Title. The Seller has never said it was a Yenko so oops I mixed two of the #'s of the vin in my Ebay description...Probably not but in this wierd chain of events it would fit perfectly.

[Pantera]

Heven forbid but there is also the remote posiabality that the car is a total fabrication and he is taking anybodys moneys and has skipped town? Has anyone seen a copy of the title or the vin #. There are all kinds of scams online and this would be a easy one to do and nobody would know how to find the guy later. I sure hope I am wrong and this works out for someone to wind up with a huge smile on their face.
[img]/ubbthreads/images/graemlins/confused.gif[/img] [img]/ubbthreads/images/graemlins/dunno.gif[/img]

[Clint_69]

I will bet that I have a hard time getting my money back and I am sure that I will have to drag the seller through court to do so. $11,500 is not allot of money but it is certainly enough to pi$$ me off. Ferone: I did not realize that you were invloved in this deal but you spoke about my character before you had the facts about the deal. I understand that Brian and Brian are you friends but there is no reason to assasinate my character when you just do not understand what went on. If you look at my explaination logically, you will understand why I take offense to your statement.

[sYc Yenko]

Just my 2 cents,

Personally if i was the seller, And found out that the car was a real Yenko during or even after the acction, I would of contacted ebay and told them, look i made a mistake, I was not fully aware of what I was selling,Surley that can be justified, The main reson why I think this all got messy was the fact that the seller put the car up for sale, Not knowing it was a real yenko. And if it wan't for Mr Yenko, none of us would even be talking about this car.

Now if i was the seller I would put the car back on ebay, And let every one have a chance on going for it.

Like I said at the top of this post, This is just my 2 cents, And i don t wish to step on anyones toes.

Nick

[Mark_C]

A seller can't just cancel the auction after the fact and put it back on Ebay because he made a mistake. Once the auction ends the deal is done. Just like when you win an auction, the finish of the auction results in a legally (acording to Ebay) binding contract between the seller and buyer. Unless there is some out in the wording of the auction, like subject to buyer inspection or something similar, the winner owns the car as of the close of the auction provided they complete the transaction, ie money changes hands, and the seller has to sell it for the agreed to amount stated at the close of the auction.

If the seller had cancelled all the bids, and cancelled the auction prior to the close then he could have relisted it.

If the buyer reneges, I don't beleive there is any legal requirement to go down the list of bidders and ask them if they want it. Most people do it because these people expressed interest in the item, by bidding on it, and the seller feels this is the easiest way to get rid of whatever it is. There is only one binding contract per auction, anything else is courtesy. Of course in this case the seller was probably glad the buyer initially backed out.

I've contacted a seller after the close of an auction and asked them to get in contact with me if the buyer doesn't come thru before. Check back about a year ago in the Motion Section, about a possible 69 Motion Corvette. I did it because it was local to me, and the car had been in the local auto trader the week before the auction. Don't know who the winner was, or if the car was anything special or not, but the car was picked up by 10AM on Monday, following a Sunday auction close.

https://www.yenko.net/ubbthreads/show...true#Post20452

Looks like some laywers are going to make some money off of this deal.

[Quickrod1]

It is me again. I haven't had time to read everything just yet as of my posting but I wan to add that it was November not May as I said. Sorry for the misprint. Next I never backed out of the deal that I had with Doug the seller! He got badgered into selling to Clint for more money because he needs the money bad. and following all the other email the car is not for sale! I will drive it and enjoy to race it as I continue to persue all the parts to make it a showroom car. Only until then I will restore it. And by the way thanks for all the support from all of you guys out there!!!

Duane