First time poster here. Let me make the story short. I found a great deal
on Ebay:

2001 330ci Sport/Premium
Xenon lights
HK Sound with CD Player
Black leather
Sunroof
32k miles
Original sale date 01/2001

I live in Austin and saw that the dealer was located in Dallas. So I called
them. After dealing on the price for a day I brought him down to $25,250.00

The car was delivered today by a third party. Nice car but:
1. No premium package
2. No Xenon's
3. No CD player
4. No leather. Only black leatherette

This happened today. I talk to them and they said they would call me back
tomorrow. All paperwork was signed at the delivery. However, this is not
the car I negotiated on.

What is your opinion? Should I have them discount the price because of the
missing options? Could they do that? I could give the car back with no
problems but, if the price goes down significantly, maybe I should keep it?
What do you guys think about the price?

Thanks for your opinions!

Hector Dominguez
Austin, TX.

What is your opinion? Should I have them discount the price because of
the
I'm afraid your first mistake was to accept it. Had you refused to
accept the car until a revised deal was cut you'd be in a far stronger
position. Legally you don't have a leg to stand on unless you have proof
of the originally agreed specification.

But it IS possible this was an honest mistake, so be nice to start with
and try to work it all out. But if that doesn't work I'm not sure you've
got much of a case.

--
Who needs a life when you've got Unix? :-)
Email: john (AT) unixnerd (DOT) demon.co.uk, John G.Burns B.Eng, Bonny Scotland
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"John Burns" <john (AT) unixnerd (DOT) demon.co.uk> wrote

This depends on whether Texas has any good faith bargaining laws to back up
negotiations. Of course, refusing the vehicle would have put you in a much
better position. Find a lawyer and have them engage with one letter or a
phone call.

"John Burns" <john (AT) unixnerd (DOT) demon.co.uk> wrote


Of course he will have the eBay auction listing to use as proof of
representation. But accepting the car may contitute acceptance of the
terms, "as is".

-Fred W

"Hector Dominguez" <dominguezh (AT) austin (DOT) rr.com> wrote

Do you still want the car with those missing options? The premium package
maybe you can live without, letherette maybe you can live with. A CD player
is a few hundred dollars, but Xeons are a couple thousand and the car isn't
as safe without them. So if you're still happy with the car you can deal on
price.

If it were me, knowing what I bargained for and what I got, I would give it
back and look for something else. Those are nice options.

If you have any lawyer friends, ask them about this. I don't know the laws
in Texas but that sounds borderline fraudulent to me, pretty blatent
mis-representation. You might be able to brandish a really big stick when
you talk to the dealer again if this is the case, to either get you a car as
described for the price negotiated, or a big fat discount off the one in
your driveway.

Was there a VIN in the ebay ad? Maybe they've actually switched cars.
Pretty hard to make all those mistakes on the configuration.

-Russ.

"Hector Dominguez" <dominguezh (AT) austin (DOT) rr.com> wrote

Here's my take on it:

Who cares... PP is leather, wood trim, moonroof, autodim rearview mirror &
BMW assist.

That's actually good because the Xenons suck. The halogens give you better
light, though they don't look as fancy.

Have the factory CD chnager. I don't like having it in the trunk. It's a
PITA anyway...

That's a tough one... I like the feel of leather, but the leatherette in my
3 series actually has held up far better than the leather in my 5'er. I
suppose I would not worry about it that much, except for the resale value,
if you are worried about that. Most people who sit in the car will believe
they are sitting on very pristine leather anyway...

My guess is you will have the option of returning the car or taking it as
is. I doubt the seller will discount an existing sales contract, even if
they misrepresented it. But beforer you go there, let's look at the
numbers:
You paid 25,500 for the car which shows a NADA average *Wholesale* of
26,800. This seems like a heck of a good deal. If you otherwise like the
car you might just want to go with the flow. Sure, vent on the seller about
misrepresenting the car, maybe even lodge a complaint with eBay if it makes
you feel better, but you still got a good deal on a nice car (which happens
to be outfitted about how I would have if I were buying the car new).

-Fred W

in article mIWdnaxIloPZtNrdRVn-ug (AT) adelphia (DOT) com, Fred W. at
Fred.Wills@allspam myrealbox.com wrote on 3/4/04 7:04 AM:


In 01 I believe it was also power seats, rain sensing wipers, and auto
lights. More items became standard on the 330 as the years went on.

heartily disagree. For those of us older farts with less than perfect night
vision, Xenons are a big plus.

"Fred W." <Fred.Wills@allspam myrealbox.com> wrote
He probably means that it has the in-dash cassette rather than in-dash
cd-player. It was an extra $150 in 2001, made standard in 2002.

Oh, and btw, I would call the better business bureau, chamber
of commerce, state attorney general's office. I would definitely
return it - plenty of used '01s out there that *will* have the
options you want.

Floyd

Hector Dominguez wrote:
I'd run away from the deal. Looks like the seller is a weasel.

After careful thought and consideration Hector Dominguez typed:
Firstly l would check to see that they havent given you the wrong car, you
never know the driver may have picked up the wrong car. If this isnt the
case then get a full refund, and get them to pick the car up from you. If
they insist on you dropping it of, charge them for your time, food, fuel.


Get you rmoney back!!! The dealer is obviously a liar