IS THIS LEGAL?

http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=379923086 http://cgi.ebay.com/aw-cgi/eBayISAPI.dll?ViewItem&item=379923086 http://cgi.ebay.com/ebaymotors/aw-cgi/eBayISAPI.dll?ViewItem&item=379693071

this guy has deposits on several IS300s at a Lexus dealer in Raleigh, North Carolina, and he is selling the right to take delivey of the vehicles, first of all, is this legal? (dunno) second, is this ethical? (dunno)third, is this a smart thing for people to bud on? (most likely, NO) this is how it works, according to this guys item description;
if you win, you pay him whatever the winning bid was, plus one thousand dollars, and then you pay the dealer the MSRP of the car minus the thousand dollar deposit. so lets say your winning bid was $5000, you pay him $6000 ($5000+$1000 deposit) AND then you pay the dealer MSRP (one of them is at $34,596, so lets use that as an example)
your total will be your $5000 bid + $1000 (goes toward MSRP) Deposit + $33596 bringing it to $39596, now if that includes taxes, finances, registrations and other bs fees its still seems high compared to what i paid for a fully loaded spectra blue mica which was $37929. now i know the taxes and registration vary form state to state but by $2000? now if this doesn't include the licensing and tax fees then its a bigger rip off! I know these cars are new, but they aren't as hard to find as one might believe, there are several at my local dealers and i don't think there would be a run for them in North Carolina either...even if the dealer had a huge waiting list, most of those on them would drop out for one reason or another...i do realize these are the "higher demand" colors (yello, silver and graphite) but paying anything above the MSRP (which is already $4000 something above invoice) sounds hella stupid, especially since these cars aren't a limited run and the guy who has the deposits is DEFINATELY not going to buy all these cars so when he does back out, these cars will probably be at the showroom waiting for a serious buyer to come along...at MSRP too... makes you think...do these bidders realize what they are doing?