Won ebay auction at 55.1K for GT-R, Honda of San Marcos refusing to honor

Gregxi · 08-09-2011, 06:18 PM

Quote:

Originally Posted by NYCGP

Untrue. In NY, only one person needs to be aware that the conversation is being recorded. It gets really iffy once you start calling across state lines though.

Linda Tripp was the one I always think of......when I am trying to last a few more minutes

infinitekidM2C · 08-09-2011, 06:22 PM

Quote:

Originally Posted by NYCGP

Untrue. In NY, only one person needs to be aware that the conversation is being recorded. It gets really iffy once you start calling across state lines though.

lols..alright man i said generally..of course laws very by state

I'll refer you to California Penal Code 632...and it is a California dealership though OP seems to be from Alaska

Elliott@DetailAddict · 08-09-2011, 06:24 PM

Quote:

Originally Posted by Advan

I'm actually going down to San Antonio this weekend... I'll pay them a visit and see what they say...

Lol you should get right up to signing papers on buying a new Accord or something and then say "Oh WAIT... YOU'RE the dealership that backed out of the eBay GTR?! No thanks." and walk out.

NYCGP · 08-09-2011, 06:28 PM

Quote:

Originally Posted by infinitekid2002

lols..alright man i said generally..of course laws very by state

I'll refer you to California Penal Code 632...and it is a California dealership though OP seems to be from Alaska

Dealership is in Texas...

infinitekidM2C · 08-09-2011, 06:29 PM

oh..ok man u win...theres a San Marcos California too..but you're right

NYCGP 1: Infinitekid 0

Advan · 08-09-2011, 06:29 PM

So Mr. Vang did you get a call from the dealership yet??? I heard the dealership will honor the price

Elliott@DetailAddict · 08-09-2011, 06:49 PM

^Which news blog reported that?

Elliott@DetailAddict · 08-09-2011, 06:50 PM

Nevermind lol

Freakazoid · 08-09-2011, 06:51 PM

Quote:

Originally Posted by Grant@DetailAddict

Lol you should get right up to signing papers on buying a new Accord or something and then say "Oh WAIT... YOU'RE the dealership that backed out of the eBay GTR?! No thanks." and walk out.

a couple of those would actually work out really well I'd bet...

just4kickz · 08-09-2011, 06:52 PM

Quote:

Originally Posted by infinitekid2002

fyi: recording phone calls without consent is generally illegal

orlly? didnt know that. i just thought that if it came down to going to court... the phone calls, without recording, would just be a he say/she say kinda thing... but i'm sure he has e-mails and stuff too

Advan · 08-09-2011, 06:58 PM

Quote:

Making sure they drop slandering charges first. That is the info. Just because he has the car doesn't mean they won't try to sue. - my350z.com

I guess it's just pending hope he gets it... either way I'm stopping by the dealership Friday lol

infinitekidM2C · 08-09-2011, 06:59 PM

Quote:

Originally Posted by just4kickz

orlly? didnt know that. i just thought that if it came down to going to court... the phone calls, without recording, would just be a he say/she say kinda thing... but i'm sure he has e-mails and stuff too

Sounds like he has plenty of evidence..they even posted "Sold" on some website apparently and then retracted it LOL..
Whether it's a crime depends on the state; some places consent is required from both parties, sometimes just notification is enough..i just wanted to flag it as an issue for OP. It's a potential wiretapping crime.

NYCGP · 08-09-2011, 06:59 PM

Texas law says "a party".. So only one person has to know as long as it is not being done to commit a crime. http://www.rcfp.org/taping/states/texas.html

Here is state by state listing of phone conversation recording laws....

http://www.rcfp.org/taping/states.html

Apparently California thinks its ok to leave a loophole for people to communicate through without being held liable.

Advan · 08-09-2011, 07:09 PM

Elliott@DetailAddict · 08-09-2011, 07:21 PM

WTF is going on in your facebook default pic Vang?!

Lol anyway from my yelp review...

I hope Ian gets demoted from being in direct contact with customers as he has aptly proven his inability to resolve conflict and in-turn has tarnished the dealerships reputation nationwide.

Inspired · 08-09-2011, 07:25 PM

yeah, wtf is up with the fb picture????

only in alaska..

Uber V8 · 08-09-2011, 07:34 PM

wtf is up with GTR's causing so much ruckus lately? Shit, now I want one.

http://www.e90post.com/forums/showthread.php?t=566180

http://www.e90post.com/forums/showth...0#post10192650

EDIT: Now I want one for $52k

just4kickz · 08-09-2011, 08:26 PM

Quote:

Originally Posted by NYCGP

Texas law says "a party".. So only one person has to know as long as it is not being done to commit a crime. http://www.rcfp.org/taping/states/texas.html

Here is state by state listing of phone conversation recording laws....

http://www.rcfp.org/taping/states.html

Apparently California thinks its ok to leave a loophole for people to communicate through without being held liable.

that's interesting...read a few states. but how does apply for state to state phone calls?

edit* nm its on there

Blake · 08-09-2011, 08:43 PM

Quote:

Originally Posted by xoulu

UPDATE ON MOTORAUTHORITY

http://www.motorauthority.com/news/1...ening-lawsuits

LOL internets wins again

ABQ325i · 08-09-2011, 08:45 PM

So long as a wire, oral, or electronic communication—including the radio portion of any cordless telephone call—is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents. Texas Penal Code § 16.02.

The key word here is tortious. If the OP records the conversation and uses that conversation in legal proceedings then he is breaking the law.

Fellow United fan 1 NYCGP 1

ABQ325i · 08-09-2011, 08:46 PM

Congratulations OP on your win.

1speedbike · 08-09-2011, 08:47 PM

OP is famous

http://jalopnik.com/5829166/dealer-r...r-ebay-auction

Congrats on the car

08-09-2011, 06:29 PM	#181
infinitekidM2C Major General 4303 Rep 5,740 Posts Drives: 2019 M2 Competition Join Date: Nov 2007 Location: Orange County, CA iTrader: (4) Garage List 2019 M2 COMPETITION [9.75] 2008 135i (my old car) [7.56]	oh..ok man u win...theres a San Marcos California too..but you're right NYCGP 1: Infinitekid 0
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08-09-2011, 06:29 PM	#182
Advan Captain 21 Rep 912 Posts Drives: Stillen tuned 370Z Join Date: Jun 2009 Location: Dallas, Texas iTrader: (6)	So Mr. Vang did you get a call from the dealership yet??? I heard the dealership will honor the price
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08-09-2011, 06:49 PM	#183
Elliott@DetailAddict Brigadier General 313 Rep 4,370 Posts Drives: E90 Join Date: May 2011 Location: Santa Clara, CA iTrader: (0)	^Which news blog reported that?
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08-09-2011, 06:50 PM	#184
Elliott@DetailAddict Brigadier General 313 Rep 4,370 Posts Drives: E90 Join Date: May 2011 Location: Santa Clara, CA iTrader: (0)	Nevermind lol
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08-09-2011, 06:59 PM	#189
NYCGP WTF are you looking at? 263 Rep 1,560 Posts Drives: Bandwagon Join Date: Jan 2011 Location: Jungle iTrader: (0)	Texas law says "a party".. So only one person has to know as long as it is not being done to commit a crime. http://www.rcfp.org/taping/states/texas.html Here is state by state listing of phone conversation recording laws.... http://www.rcfp.org/taping/states.html Apparently California thinks its ok to leave a loophole for people to communicate through without being held liable. __________________ "It is better to be hated for what you are than loved for what you are not." -André Gide Last edited by NYCGP; 08-09-2011 at 07:15 PM..
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08-09-2011, 07:09 PM	#190
Advan Captain 21 Rep 912 Posts Drives: Stillen tuned 370Z Join Date: Jun 2009 Location: Dallas, Texas iTrader: (6)
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08-09-2011, 07:21 PM	#191
Elliott@DetailAddict Brigadier General 313 Rep 4,370 Posts Drives: E90 Join Date: May 2011 Location: Santa Clara, CA iTrader: (0)	WTF is going on in your facebook default pic Vang?! Lol anyway from my yelp review... I hope Ian gets demoted from being in direct contact with customers as he has aptly proven his inability to resolve conflict and in-turn has tarnished the dealerships reputation nationwide.
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08-09-2011, 07:25 PM	#192
Inspired Colonel 156 Rep 2,368 Posts Drives: 335i Join Date: Dec 2007 Location: California iTrader: (2)	yeah, wtf is up with the fb picture???? only in alaska..
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08-09-2011, 07:34 PM	#193
Uber V8 Volcano Knuckles 434 Rep 491 Posts Drives: 2017 Camaro SS 1LE Join Date: Aug 2011 Location: Los Angeles iTrader: (1)	wtf is up with GTR's causing so much ruckus lately? Shit, now I want one. http://www.e90post.com/forums/showthread.php?t=566180 http://www.e90post.com/forums/showth...0#post10192650 EDIT: Now I want one for $52k
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08-09-2011, 08:45 PM	#196
ABQ325i Private First Class 16 Rep 158 Posts Drives: 08 E60 535i + 06 E90 330i Join Date: Apr 2010 Location: Albuquerque iTrader: (4) Garage List 2008 535i [0.00] 2006 330i [0.00]	So long as a wire, oral, or electronic communication—including the radio portion of any cordless telephone call—is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents. Texas Penal Code § 16.02. The key word here is tortious. If the OP records the conversation and uses that conversation in legal proceedings then he is breaking the law. Fellow United fan 1 NYCGP 1
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08-09-2011, 08:46 PM	#197
ABQ325i Private First Class 16 Rep 158 Posts Drives: 08 E60 535i + 06 E90 330i Join Date: Apr 2010 Location: Albuquerque iTrader: (4) Garage List 2008 535i [0.00] 2006 330i [0.00]	Congratulations OP on your win.
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08-09-2011, 08:47 PM	#198
1speedbike Brigadier General 750 Rep 3,285 Posts Drives: 2022 X4 M40i, 2008 135i Join Date: Jun 2008 Location: MKE iTrader: (15)	OP is famous http://jalopnik.com/5829166/dealer-r...r-ebay-auction Congrats on the car __________________ 2022 X4 M40i - 2008 135i - 2015 F700GS On Order - 2024 i4 M50 Scruffy's gonna die the way he lived... Mmhm.
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