Hyundai dealer auctions Genesis coupe - doesn't honour deal.

[2Valve0]

The dealership is binded by the ebay contract.
Mcfly could take them to court and it WOULD be benificial on his behalf and worth the trouble because most likely a judge would order hyundai to pay his legal fee's because they are idiots for breaching the contract and can also get paid for his trouble and time put into it. He would definately get a car similar(if it has been sold already) for the same price.

[gqmw]

That really sucks. I'm guessing he'd be able to go after them for breach of contract but I really don't know what ebay would do about it. For sure though if he sues he should win.

[G-ZUS]

I am surprised nobody put cheap genesis coupes for cheap using the dealerships number on Lexington Kijiji?


http://lexington.kijiji.com/

[jonni44]

Originally posted by 2Valve0
The dealership is binded by the ebay contract.
Mcfly could take them to court and it WOULD be benificial on his behalf and worth the trouble because most likely a judge would order hyundai to pay his legal fee's because they are idiots for breaching the contract and can also get paid for his trouble and time put into it. He would definately get a car similar(if it has been sold already) for the same price.

Are you a lawyer? Im not, but hopefully on my way to being one. As a person who has worked in small claims court (anything under 25k in canada, and I'm sure its similar in the states) which is where this claim would be originated, but will not not finish, I feel I can shed some light on the situation. If you read the article about Glen Hyundai threatening to sue for slander it automatically means the proceedings would move to a higher court. Small claims in the states, like Judge Judy on TV, is purely a monetary court. Once slander is introduced into the scenario this potential trial is no longer purely a monetary matter and therefore would not be subject to the smaller courts that don't require a lawyer. This being said, being accused and later sued for slander is a BIG DEAL. If you think about it, the extreme end to this scenario is that it's posted all over the net and Glen Hyundai's image would be permanently tarnished leading to the dealership eventually going under or moving elsewhere, leaving all the people (even those who have nothing to do with this) out of work and possibly black balled from working at other dealerships. Now, as I said, this is an extreme scenario and likely not to happen. However, to ensure that it doesn't happen, you can be rest assured that Glen Hyundai and even Hyundai USA will lawyer up to the max and I can promise you that both entities can afford way better lawyers than Mr. Sanchez the engineer from Georgia. Simply, the people who think, "oh its a legal binding contract" and "obviously a judge would rule in favour of the plaintiff, Mr. Sanchez, case closed" are wrong. For one thing, every trial in the states has the option by either party to be done by trial by jury, meaning the decision could potentially be decided by a group of very uneducated people who are easily swayed by good public speaking. Prime example, OJ Simpson and his lawyer the late Johnny Cochrane. The thing about the law and especially contract law is that its never black and white, if it were we wouldn't have much need for lawyers. My point is, theres always a grey area, and generally, except on a few occasions which further leads to historic upsets, the big guy (Hyundai in this case) will come out on top. It sucks for Mr. Sanchez and a lot of people feel his pain but if he thinks he's gonna beat a dealership under the parent company of one of the worlds largest automakers over an ebay auction, he's sadly mistaken.
But on the other hand, I'm not a lawyer yet, this is just purely my two cents and although I think its a pretty educated one, I could be completely wrong, in which case I apologize.

[tacsniper]

Can't the winner of this auction purchase the same model with similar options and milage and the sue the dealership for his loss? Because the winner can mitigate his loss and then go after the one who did not honour the contract.

[Cos]

Originally posted by tacsniper
Can't the winner of this auction purchase the same model with similar options and milage and the sue the dealership for his loss? Because the winner can mitigate his loss and then go after the one who did not honour the contract.

if this happened to me this is what I would do.

[peterparker]

Originally posted by jonni44


Are you a lawyer? Im not, but hopefully on my way to being one. As a person who has worked in small claims court (anything under 25k in canada, and I'm sure its similar in the states) which is where this claim would be originated, but will not not finish, I feel I can shed some light on the situation. If you read the article about Glen Hyundai threatening to sue for slander it automatically means the proceedings would move to a higher court. Small claims in the states, like Judge Judy on TV, is purely a monetary court. Once slander is introduced into the scenario this potential trial is no longer purely a monetary matter and therefore would not be subject to the smaller courts that don't require a lawyer. This being said, being accused and later sued for slander is a BIG DEAL. If you think about it, the extreme end to this scenario is that it's posted all over the net and Glen Hyundai's image would be permanently tarnished leading to the dealership eventually going under or moving elsewhere, leaving all the people (even those who have nothing to do with this) out of work and possibly black balled from working at other dealerships. Now, as I said, this is an extreme scenario and likely not to happen. However, to ensure that it doesn't happen, you can be rest assured that Glen Hyundai and even Hyundai USA will lawyer up to the max and I can promise you that both entities can afford way better lawyers than Mr. Sanchez the engineer from Georgia. Simply, the people who think, "oh its a legal binding contract" and "obviously a judge would rule in favour of the plaintiff, Mr. Sanchez, case closed" are wrong. For one thing, every trial in the states has the option by either party to be done by trial by jury, meaning the decision could potentially be decided by a group of very uneducated people who are easily swayed by good public speaking. Prime example, OJ Simpson and his lawyer the late Johnny Cochrane. The thing about the law and especially contract law is that its never black and white, if it were we wouldn't have much need for lawyers. My point is, theres always a grey area, and generally, except on a few occasions which further leads to historic upsets, the big guy (Hyundai in this case) will come out on top. It sucks for Mr. Sanchez and a lot of people feel his pain but if he thinks he's gonna beat a dealership under the parent company of one of the worlds largest automakers over an ebay auction, he's sadly mistaken.
But on the other hand, I'm not a lawyer yet, this is just purely my two cents and although I think its a pretty educated one, I could be completely wrong, in which case I apologize.

im not lawyer, but what you said is probably true. which brings up the big picture here... most people would look at that and shy away from trying to sue a huge company, which allows situations like this to happen. and its not right.

right now im being screwed over by kal tire and i want to take them to court as well, but being swayed by family and friends for this exact reason! you'll lose cuz theyll get a better lawyer and youll be stuck with all these lawyers fees etc.

case and point, smaller guys need to take out the big guys to prove a point!

[Kavy]

Jonni you made some very good points but this case would never reach court, ever.

It doesnt matter who wins the case, this ends bad for hyundia no matter what.

This guy would be all over the news, viral videos, comics in the paper, as well as almost every car forum in NA etc.

The $8000 or so hyundia would lose on the car is a very acceptable loss, considering if they lose even 2 customers because of it they have already lost money.

All large companies have a cost-benefit department that determines what is in the best interest for the company financially in the long run. This department would not let this issue even have a chance to be filed.

[slinkie]

Tad, McFly, and Cy Dicken?

[kvanderlaag]

Originally posted by slinkie
Tad, McFly, and Cy Dicken?

McFly is an internet username, and the other two are from Kentucky. Mystery solved.

Anyways, good to see that bitching on the internet where potential customers read up on things got this guy a settlement. Is it balls that he's now had to remove all of his previous posts about his experience? Yeah, but consider that he was really just out to get his damn car, which he won. I'm guessing he did, or he got something very reasonable considering that if they didn't give him a car, they probably also didn't take his $16,000.

[Redlyne_mr2]

Does anyone know how the Genesis coupe and sedan have been selling? I heard the sales in the US haven't reached their expected goals and I never see them. The first time I saw a Genesis sedan was just the other day when one came in on trade.

[Go4Long]

Originally posted by sevewone
Thats bullshit, just reading the story reminds me of The owner of Fish Creek Nissan, guy named KEN something. Just a slime-ball, I saw him pull stuff like this on a few occasions with people, used that exact line with "buddy" used like 9 times in a sentence.

Fish creek nissan is owned by the Hyatt Group...not some "guy named KEN" ken would be the GM I believe(although I haven't worked there for about 8 years now.

[CUG]

The internet is this kids lawyer. It looks to be resolved. I love it when some grimey shitty sales guy who tries stonewalling someone gets fucking railroaded like this. I have an erection.

[justincalgary]

Originally posted by Go4Long


Fish creek nissan is owned by the Hyatt Group...not some "guy named KEN" ken would be the GM I believe(although I haven't worked there for about 8 years now.

Ken Brown is actually a part owner of Fishcreek Nissan, along with the Itzcovitch brothers whom own the Hyatt Automotive Group.

[Sykes]

Originally posted by CUG
The internet is this kids lawyer. It looks to be resolved. I love it when some grimey shitty sales guy who tries stonewalling someone gets fucking railroaded like this. I have an erection.

Nope... the saga continues!

This ended about how we predicted. You all no doubt remember McFly, the guy that won a legit eBay auction for a slightly used Hyundai Genesis Coupe 2.0T for $16,125. Problem was that the seller – Glenn Hyundai of Lexington, KY – felt the car was worth more ($19,700) and refused to sell it to McFly. They claim they set a reserve price (even though they didn't) and wouldn't budge. End of story, kind of.

See, the internet got a hold of the McFly's tale of woe, and few things excite people (us included) more than tales of bald-faced greed mixed with dishonest car dealers. Not surprisingly, the story took off like wildfire and Glenn Hyundai soon found itself inundated with phone calls, emails, faxes – you name it. The onslaught became so bad that Glenn Hyundai got in touch with McFly and told him that if he would call off his dogs (remove his forum posts, plead with Gencoupe.com forum members to stop harassing the dealership, somehow get Digg.com to do... exactly what we're not sure, etc.) they would presumably sell him a Genesis Coupe for $16,125.

Why do we say presumably? Because we never knew the details of the agreement McFly worked out with Glenn Hyundai. Or, as McFly puts it an updated post, "For the record I have not shared any part of the verbal agreement." Despite this agreement never being finalized, some felt that McFly's saga was over (while some nearly broke their hands patting themselves on the back). We ourselves were reluctant to think or declare anything until McFly had the Genesis Coupe in hand. Guess what?

No Genesis Coupe 2.0T for McFly. He's claiming that Glenn Hyundai has breached the "verbal agreement" he reached with them. He's refusing to give any details of said verbal agreement, but maintains that Glenn Hyundai owes him a Gen Coupe for $16,125. Also, McFly's retained a lawyer. Also-also, he's contacted Hyundai USA but received no response.

[Source: gencoupe.com] (via autoblog)

[Kamen]

I thought on McFly's thread he posted that he ended up buying a Genesis Coupe for an amount in between the auction price and the dealer price and that it was over?

[JustinGTP]

[410440]

Edit: Back up, get your own sandwich.

[Kavy]

^^^^ nice edit LOL

This will not end well for the dealership nor Hyundai, i have seen this story on 4 forums I frequent now.

[Jeremiah]

Harsh, Hyundai of USA should do some good PR and give him a free car!

Thats just my opinion though... It would look good on them, just like when the dumb bmw driver drove over someones hyundai they gave him a new one...