does anyone know where I can find forum member MEMMEZZ?

[Transfer]

I'd wager this wheel was stolen from the get go. Ripped off by a bastard who didn't know what parts to take.

[beemerdude5150]

Jk about judge judy. Lol I just gotta laugh at the situation now that im more calm.

On another note. Im in a giving mood because im just so grateful for these guys passion for finding justice on my behalf. Method, Dk, dos, pm me your emails. Your kindness shouldnt go unrewarded. And from the bottom of my heart thank you so much for your time and concern.

And MEMEZZ if youve been following. Come on man you represent your family in this world. Is this what moms and pops or whoever raised you to be? Is this how they taught you to handle business? Would you want this to happen to you? If not, you shouldnt dish this kind of behavior out in the world. It will come back. Everything in life makes a full circle. Hence everything in life is a cycle. Don't find out the hard way. Come clean. Give me back my refund. Or go get my parts. It's not too late. I'm giving you a chance for redemption. Have a heart. I know you dont know me but i didnt give you any counterfeit money or short you.

[DKM3]

Originally Posted by ///M3THOD

I'm inclined to agree with your logic on all points.. but lets cut the crap and lay this out as it went down.

- Seller posts pictures of item saying you get what's pictured.

- The majority of people who purchase from the marketplace don't pull the parts breakdown diagram of what's included in the OEM piece as new.

- Seller says he's not aware of anything else needed for install.

- Seller tells buyer everything needed for install is included.

- Buyer makes purchase and comes to realize since components cannot be purchased independently, whole purchase is worthless since its missing major components.

- Buyer tries to recover refund to have all communication cut off.

I see this as a gross misrepresentation of an item, but the one lifeline the seller has is that he posted an image and left it up to the buyer to do his due diligence.

This is either the work of a moron, or someone crafty, who realizes that when the buyer inevitably comes back unable to run the steering wheel, now has a way to refuse the refund.. "Hey I posted pictures of what you were getting, sorry if I was wrong in advertising it as ready to install, you should have looked it up bro"...

I believe the above to be true in this case, especially considering you CANNOT run the wheel without every single component and you CANNOT buy the components individually.

This guy ripped him off, done deal. All other suggested scenarios just give credence to his innocence.

Oh.. and also.. now all communication is just abruptly cut off when a problem arises. Sounds like the work of a philanthropic soul.

//M3THOD

First, I love the pragmatic approach of cut the crap.

Second, I agree this guy got ripped of and in fact my analysis leads me there. So we agree on both points.

Third, I too am I believer in doing the right thing. That's why I outed a scammer and he's now my hobby. See: http://www.m3post.com/forums/showthread.php?t=866292

There are two express points that I disagree with you on just as a matter of law, and one I actually back you with my analysis below (fraud) but I'm with you overall:

THESE ARE NOT STATEMENTS OF A PRACTICING ATTORNEY CONSULT ONE BEFORE ACTING

1) Buyer tries to recover refund to have all communication cut off. (disagree just as a matter of law)

I would say that from a person/business standpoint this is complete CRAP. You don't do this to your contracting partner in real life. In law you only have a duty to:

Not take advantage of yet to be contracting partner (have to check) or your existing contract partner.

a) not engage in "shark dealing" (screwing over your potential contract partner yet you can use specific skills to get a good deal)
AND
b) Once in a contract you have an implied duty of good faith dealing (have to remember if that also arises before the contract)

Regardless it's a horrible way to conduct one's self as a person and businessman/businesswoman.

2) Buyer assumed the risk (disagree just as a matter of law): For not checking the diagram ahead of time, friend picking it up, no intermediary (not necessary) etc.. etc.. the buyer seems to have assumed the risk as what was "posted" is what he "received". This defeats mutual mistake and thus holds the contract as valid.

I still think it is sneaky and would lend itself to another defense such as fraud.

3) Seller tells buyer everything needed for install is included. (agree with you)

Maybe I missed this somewhere but I didn't see it mentioned. I could be wrong as I'm under some time constraints but if he did make such as promise it would lead to yes, fraud.

Fraud (in tort):

1) A misrepresentation of a material fact
2) The seller (in this case) knew was false when he made it
3) The seller must intend on having buyer act or refrain from acting
4) The seller's statement induced the party to act/or not act
5) He acted/failed to act to his detriment
6) Damages - must suffer actual pecuniary loss

I'm sure you could fill in the blanks here.

THERE IS NO DEFENSE TO FRAUD though it must be proven by clear and convincing evidence and what you said would probably match that.

Negligent Misrepresentation (in tort): (a bit harder to apply)

1) Misrepresentation of a material fact in a business or professional capacity
2) Beach of a duty to the buyer
3) Causation
3) Party failed to act/acted justifiably
4) Damages

Here, since there is more of a kit that needs every single part to work it lends itself to an equitable remedy: Equity regards as done that which must be done. It is a question of fairness and what remedy is appropriate given the circumstances to make the injured party whole. The applicable remedies would probably be:

Remedies:

a) Specific performance: the handing over of the remaining parts or putting the burden on the seller to get the parts and deliver them to the seller.
b) Restitution: Since there might be fraud and you can't come to a court sitting in equity (or with an equitable remedy) with unclean hands the Seller would have to cough up or pay restitution another equitable remedy. This prevents unjust enrichment.
c) Reformation: A court my rewrite the terms of a contract to reflect the intent of the parties as well.

As a side not he could be made whole from money damages for what it would take to get the kit working. This is not an equitable remedy but a legal one.

THESE ARE NOT STATEMENTS OF A PRACTICING ATTORNEY CONSULT ONE BEFORE ACTING

///M3THOD I'm 100% with you when it comes to real life practical matters I nailed my guy for lack of communication as well as trying to defraud me. Law would probably agree with you and I because equity IS fairness and there are equitable remedies for a reason.

I don't think that the seller is innocent by any means and I don't support his business practices.

I still think it's BS that people eat each other here on the forum but since it is likely to be seen as a public place, with private oversight and private property. It's not really like a public form but feels like one. It's just like walking down the street (if it was a private street) in real life. Except the setting is a convention center with M3 guys and there are a few people looking for an edge.

DK

[Genro757]

Hey man do you have a part number for the missing unit. Here in Germany some parts you can seperate...some you can't...I can see if one of my connects at BMW can order that module seperate.

[DKM3]

Originally Posted by Genro757

Hey man do you have a part number for the missing unit. Here in Germany some parts you can seperate...some you can't...I can see if one of my connects at BMW can order that module seperate.

beemerdude5150 get on this!

[mdosu]

Originally Posted by DKM3

beemerdude5150 get on this!

+1 he's legit, do it! He's an expat military commando who as an alternative can also do a surgical strike on Memmezz in lieu of this.

no but seriously, he's legit, do it!

[DKM3]

Originally Posted by Genro757

Hey man do you have a part number for the missing unit. Here in Germany some parts you can seperate...some you can't...I can see if one of my connects at BMW can order that module seperate.

For beemerdude5150: He will need the harness, and module (A, B, G) from the V2 (See: http://www.1addicts.com/forums/showthread.php?t=605284)

Genro757 not to thread jack

BUT...

For me: You don't happen to be able to get your hands on the 12-pin connector for the V1 steering wheel that goes into the clock spring? (See: http://www.e90post.com/forums/showthread.php?t=244795)

I've attached both.

[DKM3]

Originally Posted by mdosu

+1 he's legit, do it! He's an expat military commando who as an alternative can also do a surgical strike on Memmezz in lieu of this.

no but seriously, he's legit, do it!

Always airstrikes and and umbrellas with you!

JACK F*CKING BAUER with me

[DKM3]

Originally Posted by beemerdude5150

Jk about judge judy. Lol I just gotta laugh at the situation now that im more calm.

On another note. Im in a giving mood because im just so grateful for these guys passion for finding justice on my behalf. Method, Dk, dos, pm me your emails. Your kindness shouldnt go unrewarded. And from the bottom of my heart thank you so much for your time and concern.

And MEMEZZ if youve been following. Come on man you represent your family in this world. Is this what moms and pops or whoever raised you to be? Is this how they taught you to handle business? Would you want this to happen to you? If not, you shouldnt dish this kind of behavior out in the world. It will come back. Everything in life makes a full circle. Hence everything in life is a cycle. Don't find out the hard way. Come clean. Give me back my refund. Or go get my parts. It's not too late. I'm giving you a chance for redemption. Have a heart. I know you dont know me but i didnt give you any counterfeit money or short you.

Eh.. don't mention it. I'm here for the forum as a soon to be attorney protector of the ignorant and youth. With that said you have my email in your PM from when I asked for information to be sent to me. Feel free to hit me up anytime.

[beemerdude5150]

Originally Posted by Genro757

Hey man do you have a part number for the missing unit. Here in Germany some parts you can seperate...some you can't...I can see if one of my connects at BMW can order that module seperate.

I dont know the part number. I know its the control module and wire harness that I need. Thank you so much.

[beemerdude5150]

Originally Posted by DKM3

For beemerdude5150: He will need the harness, and module (A, B, G) from the V2 (See: http://www.1addicts.com/forums/showthread.php?t=605284)

Genro757 not to thread jack

BUT...

For me: You don't happen to be able to get your hands on the 12-pin connector for the V1 steering wheel that goes into the clock spring? (See: http://www.e90post.com/forums/showthread.php?t=244795)

I've attached both.

Let me pay for your piece! Please. Lol

Love to have guys like you on my side. And clearly you have been. Im about o email you as soon as I drop off these wheels to be powder coated.

[DKM3]

Originally Posted by beemerdude5150

Let me pay for your piece! Please. Lol

Love to have guys like you on my side. And clearly you have been. Im about o email you as soon as I drop off these wheels to be powder coated.

I won't accept it. Remember equity regards as done that which ought to be done. I repeat it but it's one of my favorites. Good luck tracking it down BTW (the white piece). I just need to go into BMW and order it I think it's interchangeable/a slightly common connector.

DK

[Genro757]

Just sent a note to my connect...he's a BMW Master mechanic here in Bavaria and a great friend...he's also done a majority of the work on my car. No promises...but if there is someone I trust to acquire hard to get parts...he's the man..shoot me a PM so I don't forget to follow up and close the loop with you. I'm transitioning back to the US in the next week or so...and don't want to forget about the both of you.

[beemerdude5150]

Originally Posted by Genro757

Just sent a note to my connect...he's a BMW Master mechanic here in Bavaria and a great friend...he's also done a majority of the work on my car. No promises...but if there is someone I trust to acquire hard to get parts...he's the man..shoot me a PM so I don't forget to follow up and close the loop with you. I'm transitioning back to the US in the next week or so...and don't want to forget about the both of you.

Pm otw. Eating lunch right now. Thank you very much gen. Anything you need anytime if I can do it I will for you also.

i met some great guys through all this drama.

[DKM3]

Anytime. Story isn't over yet.

[nujabes24]

Originally Posted by Genro757

Just sent a note to my connect...he's a BMW Master mechanic here in Bavaria and a great friend...he's also done a majority of the work on my car. No promises...but if there is someone I trust to acquire hard to get parts...he's the man..shoot me a PM so I don't forget to follow up and close the loop with you. I'm transitioning back to the US in the next week or so...and don't want to forget about the both of you.

I like this guy

[beemerdude5150]

Originally Posted by nujabes24

I like this guy

+1

[lsal]

Awesome resolution to this story (assuming things work out)... Not ideal, but nice community rally!

[DKM3]

No clue. Scared maybe? That's what I would think. He was gone after pretty hard in the beginning. To throw away all those posts and reputation just doesn't make sense.

[snk]

Who says M drivers have no friends has never been here.

Hope you get this resolved OP

[SAINT VAN ROCK]

That's what I am talking about....///M Flight baby!

Originally Posted by Genro757

Just sent a note to my connect...he's a BMW Master mechanic here in Bavaria and a great friend...he's also done a majority of the work on my car. No promises...but if there is someone I trust to acquire hard to get parts...he's the man..shoot me a PM so I don't forget to follow up and close the loop with you. I'm transitioning back to the US in the next week or so...and don't want to forget about the both of you.

[BPMSport]

Originally Posted by DKM3

No clue. Scared maybe? That's what I would think. He was gone after pretty hard in the beginning. To throw away all those posts and reputation just doesn't make sense.

Eric - Go back to studying and stop wasting time on forums.

Your life will be hell if you have to take the bar twice.

You can put your M cape on after the bar