The soap opera continues at E90post...read below
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
__________________
Im also Dooma350 on bimmer drivers & my is. Other sites may be dooma imposters.