JetBlack5OC

Yet another site picks of the story.

http://www.egmcartech.com/2008/03/24/bmw-d...-from-internet/

I did a build on BMW site, he is getting a great deal. Also consider some dealers are charging mark-ups.

Its basically fully loaded, except for extended leather.

Base MSRP $53,800
Jerez Black Metallic $475
Fox Red Novillo Leather $0
Blue-gray Brushed Aluminium Trim $0
Cold Weather Package $1,000
Premium Package $1,900
Technology Package $3,250
19" Forged wheels (Style 220M)$1,200
Moonroof $1,050
Rear manual side window shades $575
Enhanced Premium Sound $1,900
HD radio $350
iPod and USB adapter $400
Satellite radio $595
Park Distance Control (rear only) $350
Destination & Handling: $775
Total MSRP as Built $67,620

Looks like he is saving $7,620.00

gene1

Anyone know what the invoice is on this? Somehow I don't think the dealer is going to actually take a hit on this sale.
But still amazing.

hstan545i

hmm...it would be interesting to find out what those conditions are

JetBlack5OC

2008 M3 sedan invoice $49,495

JetBlack5OC

The story made it to the local paper.


http://journalstar.com/articles/2008/03/25...8e060113124.txt

elyk

have the conditions been revealed?

Bokke

How about this BS from the article......

"His dealership?s service record is impeccable, Mathis said, and he doesn?t feel as though publicity from the Web commenters muscled him into anything. No, we?re just trying to do the right thing,? Mathis said. ?We don?t legally have to do this. I?m getting a lot of publicity on it, maybe I?ll sell some more cars.
"

gene1

He needed to take that line from the start, I think that particular ship sailed after the 23rd harassment phone call and 12th online article.
Yeah, he felt no pressure at all.
If you read through, dooma350 (the buyer) had to ask other forum members to stop calling the shop manager because the poor guy was was pleading with him to let his family have Easter in peace.
But no pressure.

MiamiPhill

This is a frigging amazing thread, you need lots of time & food to get through most of it, but it's great fun!
Ken Posted this yesterday:

Originally Posted by dooma350
Ok, here is where we are. My lawyer has been working on my behalf.


He got the dealership to remove two conditions Fil Catania tried to impose on the deal on Monday. The first condition was that I agree not to sell the car for 2 years. They agreed (through their corporate counsel in Arizona) to drop that one. The second condition was that I agree to confidentiality and that I do something to stop the press from contacting the dealership and say something nice about the dealership. We got that one dropped, too.



I was told to arrange to make the deposit with Fil Catania at the dealership today (and was given a 4 hour deadline). To my dismay, Fil Cataniam, the GM, used my call as an opportunity to berate me, telling me CSNBC, etc.,. etc., were calling the dealership again. In my call to him, he also refused to take my credit card! In essence, he has rejected the deal corporate counsel for the parent company had worked out with my lawyer last night.



So I am ceasing communication with the dealer for now. My lawyer drafted the letter that appears below (he has dealt with Mr. Herbert Klein, general counsel for BMW NA in the past), which he faxed earlier today to BMW NA..



Also, other dealerships have been calling me, offering not only support, but greart deals on M3s! As much as I would love to take one of them, I don't know tif they are real offers or not, and I simply want BMW of Lincoln to live up to its obligations to me.



I would ask that no one call the dealership or BMW NA about this, but just wait and see what happens next. I know my lawyer is preparing a lawsuit, and if we have to file it, I will post further information here. It will also be interesting to see if BMW NA, now that it has been "officially" notified, does anything about this. This will be a good object lesson for all of us about how a car company stands up for its customers, don't you think?



LAW OFFICES OF

GARFIELD & TEPPER

A PARTNERSHIP OF PROFESSIONAL CORPORATIONS

1801 CENTURY PARK EAST, SUITE 2300

LOS ANGELES, CALIFORNIA 90067-2325

TELEPHONE: (310) 277-1981

FAX: (310) 277-1980





March 26, 2008




Herbert L. Klein, Corporate Counsel

BMW of North America

300 Chestnut Ridge Road

Woodcliff, New Jersey 07677-7731



Herb:



I represent Ken Tanisaka in connection with his dealings with BMW of Lincoln.

No doubt you have heard of the controversy that became viral on the Web this weekend.

Ken and I had worked out a ?no preconditions? deal in which BMW of Lincoln

was going to treat him as any other customer and sell him the M3 sedan at the winning

bid made by Ken on eBay. ($60,000 plus a $399 title or document fee.) Mike Maledon,

counsel for the parent company that owns BMW of Lincoln, instructed me to have Ken

call Fil Catania, the general manager of that BMW store, to provide credit card

information and place the deposit. Mike had told me that Ken had 24 hours (from last

night) in which to make the deposit.



When Ken called Mr. Catania, Ken was subjected to an abusive lecture and told

it was his (Ken?s) responsibility to make the press go away. Mr. Catania refused to take

a deposit from Ken, effectively reneging on the deal that was reached yesterday, in which

BMW of Lincoln, through Mike Maledon, had agreed not to impose an impossible

condition that Ken ?control the press.?



Can you help us? As you may be aware from the blogosphere, thousands of

BMW afficionados are asking ?What is BMW NA doing about this?? I think that?s a fair

question. And, once we get this straightened out, perhaps BMWFS can also step up to

the plate



Sincerely yours,



/s/

SCOTT J. TEPPER

SJT:vrs

cc: Ken Tanisaka

MiamiPhill

Damn! now the attorneys are posting on the thread.......

I am Dooma350's (Ken?s) attorney. (The mods who see this post will also see from my IP address that it correlates to the law firm which is representing Ken.) Ken has asked that I respond to the post from Lincoln BMW?s attorney. Here is my response.

First, we aren?t playing games.

Second, Ken has done everything requested of him by the dealership in a timely manner. And he will continue to cooperate because his only goal is to get his car for the price he agreed to pay in the auction. We hope that will finally occur tomorrow. Ken has a BMW meet to go to on Sunday.

Third, neither I nor Mr. Maledon was listening in on Ken?s call with Mr. Catania. But it sounds about right to me that Ken would be importuned, again, by Mr. Catania to ?control the press? (although that?s about as easy as ?stopping the tides?).

It?s pretty clear why Mr. Catania wanted this to go away. Ken?s posts have unleashed a powerful swell of interest from all over the planet, focusing everyone?s attention on one seemingly insignificant eBay transaction where, after Ken was told he had won, he was then told by the dealership that his victory was a ?mistake? and wouldn?t be honored. The mistake theme is repeated in Mr. Maledon?s post.

The seemingly insignificant eBay transaction wasn?t a trifling for Ken. To him it had significance, and his frustration in consummating it reverberated through the Web to those who themselves, or through others, have suffered losses from the so-called ?mistakes? of wealthy businesses. The seemingly insignificant eBay transaction, reported by Ken on the Web to seek help from others, gave everyone a voice, and an opportunity to speak his peace, for some to disagree but for most to lend a hand, provide a word of encouragement, or a suggestion, or a helpful observation, or sometimes just to vent.

Into this maelstrom came a dealer that still doesn?t get it and wants it all to just go away. And that dealer is finally, begrudgingly, agreeing to the deal it should have manned up to last week. And only after Ken retained legal counsel to help him.

What?s the lesson to be learned? The Internet now allows us all to see when the emperor has no clothes, and to discuss his wardrobe incessantly. But it also allows people who have never met each other to get together and do something for the positive good, and to exchange ideas and support, and to learn from the mistakes of others.

Ken wishes Lincoln BMW no ill. All he wants is his car, at the agreed upon purchase price. And we are now told that will happen soon. But he also wants the right to speak out, to continue to speak out and, as Justice Louis D. Brandeis wrote, to allow ?sunshine [to be] the best disinfectant.?

Mr. Maledon is an honorable man, representing his client?s interests. Please do not attack him or impugn his motives. The dispute is not with him. And Lincoln BMW is entitled to have its position articulated here, and anywhere else where it desires to be heard. However, there is no way that Ken will (or can) ?control the press? or help Lincoln BMW ?make this all go away.? That power lies elsewhere.