I won a 2001 740i BMW, paid my deposit and changed the ownership papers. On the way home I received a call from them stating another bidder won it. I said I have already signed the contract and will be back on Monday to pick it up and pay the remainder of purchase. I was told they had ripped up the contract and would give my deposit back. I'm not sure where I stood with this.
pettal,
Jul 14, 7:40pm
do you still have a copy
carclan,
Jul 14, 7:42pm
I would have to have a look, when I went back they had already taken the other bidders money and signed over the car so I was screwed.
pettal,
Jul 14, 7:46pm
they cant just tear up contracts I wouldn't think , if it was me I would be ringing the NZ head office and talking to someone .
carclan,
Jul 14, 7:55pm
I have given it some thought and will write them a letter, it the shoe was on the other foot and I decided that someone else one it and I ripped up the contract I reckon they would try and sue me.
trogedon,
Jul 14, 8:00pm
Do you REALLY want a 740!
kazbanz,
Jul 14, 8:11pm
Put simply they cannot do what you are saying they are doing. If you were top bidder,they have a contract with you and have taken your deposit they cannot legally unwind the deal. I'd suggest that in fact they have made an error with the reserve price and have sold below reserve.-NOT your problem. OR someone has come by after auction close offering more than the top bid. Again not your problem. The contract is legally binding on both you and them
smac,
Jul 14, 8:16pm
I'd suggest it was more something like an online or phone bid they forgot to lodge. SO they'll have another buyer equally convinced it's their vehicle.
the-lada-dude,
Jul 14, 8:50pm
i a'int no registered legal eagle, but my gran papy always said a mans word is his is his contract and ya gotta shake hands on it to seal it. if'n you all got it down on paper then it's real binding. the person on the other side of the contract can tear it up and even return your deposit. uh huh ! don't make no god dam difference, you all got a paper trail thru the banking system ( depositetc )you all go have a chin wag with the big boss. you all explain the situation that it would look real bad if this went on close up or fair go or disputes tribe, have a good ol' pow waw and don't go bust'n ya boiler. you might be able to do a deal with em so no one loses face.
tgray,
Jul 14, 9:38pm
The problem is, if the other bidder 'won' at the time of the auction, and they thought it was you but were mistaken and made a contract with you after the fact, I believe the original contract (highest bidder at time of auction) would stand and the subsequent one they made with you would be invalid.
trader_84,
Jul 14, 9:49pm
Not to do with this but along similar lines. I have sold stuff before where there was serious interest in it going by the bidding and in the end - someone won it. Nek minut - I get a text from the winner asking where to pick it up from and he will pay me at the door. I tell him . obviously thinking its the winner - yeah right. Check my email a few minutes later and its an email from the winner and a contact ph No. Not the same number . and as it turns out - not even the same guy, haha! Some random chancing his hand, lol! Gawd - cheek! And I would have done it too not suspecting anything untoward. I ended up texting him and putting the question to him. He said to not worry about the winner and that he'd pay a few dollars extra for the item. Scroat.
kazbanz,
Jul 14, 11:39pm
Thats not the OP's problem-Turners made a mistake.AT THAT TIME if they fronted and said so there is no issue-Mistakes are made excretion happens. But they have gone two steps furtherentered into a written,legally bindingcontract to sell the car to the OP and a deposit has been paid on that basis. I compare it you you or me by mistake advertising a car $1000 cheaper than we meant to. Its a genuine error which we can tell a buyer is the case and quickly fix the muck up. But once we have filled out/sighnedthe contract and taken a deposit we are obligated to sell at that price.
hornnett,
Jul 15, 12:50am
Lets no forget the other person who in fact won,if you could called owning a bmw winning.Nothing is more indigent than an honest second car dealer trying to put the boot into the opposition.
neo_psy,
Jul 15, 12:54am
Do you mean indignant!
modie61,
Jul 15, 12:57am
Its every man for himself in selling cars,but the rules should be the same, for everyone.imo.
carclan,
Jul 15, 1:05am
The fact was that the auctioneer said to me, come with me and I said did my bid win as was not sure. He said yes. So we went and filled out the contract an chaged the papers, paid the deposit. I then get a call from them stating that another person had complained that their bid was higher, I said I had and contract signed and the deal was done. They said we have ripped it up and the change of ownership had not been processed yet. They were real rude pricks when I went back to find out what was going on. They told me that another bidder had already paid for it and that was the end of it.
executive17,
Jul 15, 1:09am
I wouldn't of put up with that, I would of asked for management on that issue straight away and there's no need to be rude and nasty to you over it
carclan,
Jul 15, 1:13am
The bloke I spoke to was from management as far as I know. If they had not of been such pricks about it I may have let it go. The young girl that gave me my deposit back was even pissed off I read the letter that I had to sign with regards to the refund.
hornnett,
Jul 15, 1:14am
Of course thanks
aragorn2003,
Jul 15, 1:15am
I wouldn't have signed that , your pretty much farked now
carclan,
Jul 15, 1:17am
It was only to say they had given my deposit back but nothing about the sale. I don't think they are running and honest business.
steve56467,
Jul 15, 5:11am
I would go back there this week and bid on some cars, win them and then back out of it. Won't make you popular though so only do it if you never plan on going there again! (and from what you said they sound like a dodgy bunch of sharks anyway)
supernova2,
Jul 15, 5:24am
We had a win at Turners once.Office staff not too good on the maths.About 3 weeks later they rang wanting more (which we actually should have paid at purchase time).Told then to get lost.Never ever heard anything more from them.
the-lada-dude,
Jul 15, 3:12pm
aw come on carclan, ring MVDI or check with a lawyer ! spend sometime getting your facts together send them a letter via solicitor get mark at closeup involved if possible as he is a car nut and sure he would like to make an issue out of this. but leave turners a reasonable option to set things right.
turton,
Jul 15, 5:12pm
take them to the DT, or fair go.
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