Need advice - seller lied to me

[Three Pedal Steve]

Is the seller on this Forum? Maybe some peer embarrassment is in order. Or at least a warning to other members to avoid him in the future. Odds are that he has history of misrepresentation and will continue in the future.

Then get over it, do the R/B replacement, and enjoy the car with confidence.

And does anyone port the heads on an M3 anyway?

[e92ben]

As-is. Legally you can't do anything. Do the rods. Do some maintenance. Enjoy the car and forget it ever happened!

[G-Lo408]

Sorry to say but it's your problem now. He's not obligated to do anything. Shady person for sure but you let it happen to you. Just fix the issues and enjoy the car. Good luck to you

[rmcard]

Originally Posted by e92ben

As-is. Legally you can't do anything. Do the rods. Do some maintenance. Enjoy the car and forget it ever happened!

Let's disabuse ourselves of this notion. As-is means you have no contractual remedies for the state of the car and it is provided "as-is" with no warranty, express or implied, as to its proper working order. As was earlier noted, it does not mean someone can blatantly and knowingly lie to you about the car in order to get you to buy it - that is fraud and there are plenty of available legal avenues to try to get some money back or to try to unwind the transaction (not considering the time, money and effort to do so).

TL; DR - there's a very big difference between saying "I don't know" or saying nothing at all in response to questions and outright knowingly lying to someone when selling a car in order to get them to buy that car.

[O2ShootTheJ]

Originally Posted by monterey

How much was the car? Ask for some money back.

I paid 29,500

Originally Posted by Three Pedal Steve

Is the seller on this Forum? Maybe some peer embarrassment is in order. Or at least a warning to other members to avoid him in the future. Odds are that he has history of misrepresentation and will continue in the future.

Then get over it, do the R/B replacement, and enjoy the car with confidence.

And does anyone port the heads on an M3 anyway?

He is not on the forum.




So after e-mailing, stating that I have the e-mail where he stated the car had the rods and engine work done, and that I want him to make the situation right and pay for the RB replacement costs I received this reply:

"I would be happy to purchase the car back from you shortly when I'm able to?"

So i'll ask the answer I think I already know the answer to. Would you try to get him to cover the RB and keep the car? Or sell it back depending on what he means by "shortly" and buy back at the price I paid?

[BzsBimmer]

I read this thread and looked at your other thread.
I'd make a suggestion to take the car now to get a PPI. This will set your baseline of what else could be wrong.
Get quotes of how much to replace RB's with labor etc.
Get quotes on how much to replace the TB's (not sure if you're able to do this work yourself)

Gather all of this information and then make a decision whether you want to keep or sell back the car. In your other thread, you stated that the seller was willing to give you X$ if something was wrong and was supposed to have put that on the BOS. Try that avenue. If all fails, have him make good on buying the car back and then go back on the hunt for a replacement.

Trust me, you don't want this car to haunt you for the remainder of ownership. Other cars are out there if you're willing to be patient.

ALSO, during the PPI, see if the dealer can give you, either verbally or printed, the service history of the car.

[X5-User]

Originally Posted by O2ShootTheJ

I paid 29,500



He is not on the forum.




So after e-mailing, stating that I have the e-mail where he stated the car had the rods and engine work done, and that I want him to make the situation right and pay for the RB replacement costs I received this reply:

"Dan, i would be happy to purchase the car back from you shortly when I'm able to?"

It breaks my heart to think of giving up the car because I really do love it, but I have the feeling thats what the vast majority will advise me to do (assuming he doesn't try to buy back for less than my purchase price). I'll lose out on $1,300 in sales tax and 3-400 in other miscellaneous things getting the car fixed up, but I haven't installed the new TA yet so I can resell that, and dodge the $2,500 RB ordeal.

So i'll ask the answer I think I already know the answer to. Would you try to get him to cover the RB and keep the car? Or sell it back depending on what he means by "shortly" and buy back at the price I paid?

He'll have to pay the same $1,300 in sales tax, then fix the TA on his end. So really it'd be cheaper for him to just fix the RB's for me.

Did you really fall in that? I highly doubt that this guy will take back the car from you at this point

[BzsBimmer]

Oh and also if you do have these things in writing on the BOS, it is technically a breach of contract or whatever lawyer lingo it's called.

[javarithms]

Will spending $2500 put you out on the street or bankrupt you?

Will saving $2500 allow you to retire and never have to worry about money?

If the answer is no to both questions just spend the money and enjoy the car.

[BNBM3]

Fraud is fraud. As-is doesn't matter in this case. If he lied about rod bearings, then he lied about rod bearings. Smalls claims, for sure. What would I do? Ask for a refund from the seller for misrepresenting the car. If he says no (he will), "settle" for him just replacing the rod bearings. Let him know that you will be filing a lawsuit if a remedy isn't found. And if you file a lawsuit, you will go after EVERYTHING he misrepresented. He will probably say no to everything, go screw yourself... no problem.

Then you go to small claims. It's only a couple hundred bucks. And you show the judge that you made every reasonable attempt to address the situation before filing. It makes you look good. And you should have a reasonable case for damages. And when you file in small claims. Go for as much as you can, everything he misrepresented.

But keep in mind that if you win, you still have to collect.... And that's ok, because at a minimum, it should be a nightmare for the seller to deal with it and you can make a nightmare. It's a way to get even.

In the mean time, if he says no to refunding you on the car or paying for the bearings or settling to your satisfaction, you need to get the bearings done, so pony up.

That would be my advise and what I would do. You can sue for anything, so screw it, make his life miserable.

[JuniorB]

Hi,don't mean to troll ,but being a mechanic, he's right fraud is fraud,false advertisement to profit. You guys know,he'll even I know,these cars are prone for bearings in the higher mileage. What sound better?,an m3 with or without new bearings? The seller is no fool,he got out in time. Do an oil test and make sure there not wiped out. It's all about hearsay,you can't prove something with out documentation anyway. This sale like a fisherman trying to catch the big one,you can catch fish without bait. It's a sad situation that it's dishonesty at its best,wether he new or not, he needs paperwork to prove work done,goes for anything. It's 30k, Judge Judy would have had him pay long time ago. Unless your heart is set on this particular car,I say go get him. I would not let this go,by the time your done,it's a 40k car. Sorry that I jumped in but I can't see someone that works hard for what they have, hand it over to someone like that. I know this cause it happen to a motor I bought Good luck op.

[Jack14]

Good recommendations on here. Make his life difficult. Thats the scummiest thing I've ever heard in a car deal. Not right.

[mercedesc63]

I would have gotten a PPI which is a must have for all used car purchases.

Also I would have never bought a used car with a rebuilt engine or SC on it for reasons like this.

If he offered to rebuy your car back then that is simply just a fantasy because it never happens. I think you should just take it and get over it or ask for a grand or two compensation.

[Amirsm3]

Get the bearings done, check out the rest of the car and deal with the inherent loss. Selling it now is really only going to hurt you more so - especially if you're gonna turn around and buy another car anyway.

While the rod bearings are "expensive", it's really not in the grand scheme of things. You're looking at 2300-2500 for the job - parts included. While they're there, have them look at the other stuff.

Edit: And next time, do some homework. I wouldn't take delivery on a car like this without having everything checked out. Heavily modified + high mileage + other members' testimonials to back out? Yeah, if this was some sort of "had to have it" purchase, you should have done more homework, I hate to say. Lesson learned, do what I mentioned above and enjoy the car. 650 horses will put a smile back on your face in no time.

[ChiTownM]

Get your money back from him, or press the issue, you'll find out if he is legit. Plenty of cars out there to buy. If he doesn't buy it back, love the former analogy of making his life miserable, assuming you have the time and energy for it.......and don't look back.

[mharris2007]

Originally Posted by O2ShootTheJ

I paid 29,500



He is not on the forum.




So after e-mailing, stating that I have the e-mail where he stated the car had the rods and engine work done, and that I want him to make the situation right and pay for the RB replacement costs I received this reply:

"Dan, i would be happy to purchase the car back from you shortly when I'm able to?"

It breaks my heart to think of giving up the car because I really do love it, but I have the feeling thats what the vast majority will advise me to do (assuming he doesn't try to buy back for less than my purchase price). I'll lose out on $1,300 in sales tax and 3-400 in other miscellaneous things getting the car fixed up, but I haven't installed the new TA yet so I can resell that, and dodge the $2,500 RB ordeal.

So i'll ask the answer I think I already know the answer to. Would you try to get him to cover the RB and keep the car? Or sell it back depending on what he means by "shortly" and buy back at the price I paid?

He'll have to pay the same $1,300 in sales tax, then fix the TA on his end. So really it'd be cheaper for him to just fix the RB's for me.

Tell him yes, buy it back. Whatever you lost in tax will be more than made up for by the psychological victory of getting rid of a car you feel you were duped on. That's my 2 cents at least. Sadly I don't see him doing this, in which case I would shore up your case, and take him to small claims court.

[O2ShootTheJ]

Originally Posted by BzsBimmer

I read this thread and looked at your other thread.
I'd make a suggestion to take the car now to get a PPI. This will set your baseline of what else could be wrong.
Get quotes of how much to replace RB's with labor etc.
Get quotes on how much to replace the TB's (not sure if you're able to do this work yourself)

Gather all of this information and then make a decision whether you want to keep or sell back the car. In your other thread, you stated that the seller was willing to give you X$ if something was wrong and was supposed to have put that on the BOS. Try that avenue. If all fails, have him make good on buying the car back and then go back on the hunt for a replacement.

Trust me, you don't want this car to haunt you for the remainder of ownership. Other cars are out there if you're willing to be patient.

ALSO, during the PPI, see if the dealer can give you, either verbally or printed, the service history of the car.

He backed up on the "warranty" after I had wired the pay-off to his lien holder. He said that he offered the warranty at a full price offer ($34k). At that point I was kind of stuck

PPI seems like a good idea, but wondering if I should really sink 3-500 more into the car if I'm just going to try to get him to buy it back. I think I will try to get the oil analysis done first, then if that comes back pretty good, go for a PPI.

And the TA I was going to do myself, so no labor costs there.

Originally Posted by Bimmer-M3

Did you really fall in that? I highly doubt that this guy will take back the car from you at this point

I can kind of buy it, but I also see what you're saying. I asked him the time frame and he replied With a very vague answer

Originally Posted by javarithms

Will spending $2500 put you out on the street or bankrupt you?

Will saving $2500 allow you to retire and never have to worry about money?

If the answer is no to both questions just spend the money and enjoy the car.

No it won't, but that plus the TA replacement right away will have drained the money I set aside for repairs in the near future. That and the fact that I didn't get wait I paid for.

Originally Posted by BNBM3

Fraud is fraud. As-is doesn't matter in this case. If he lied about rod bearings, then he lied about rod bearings. Smalls claims, for sure. What would I do? Ask for a refund from the seller for misrepresenting the car. If he says no (he will), "settle" for him just replacing the rod bearings. Let him know that you will be filing a lawsuit if a remedy isn't found. And if you file a lawsuit, you will go after EVERYTHING he misrepresented. He will probably say no to everything, go screw yourself... no problem.

Then you go to small claims. It's only a couple hundred bucks. And you show the judge that you made every reasonable attempt to address the situation before filing. It makes you look good. And you should have a reasonable case for damages. And when you file in small claims. Go for as much as you can, everything he misrepresented.

But keep in mind that if you win, you still have to collect.... And that's ok, because at a minimum, it should be a nightmare for the seller to deal with it and you can make a nightmare. It's a way to get even.

In the mean time, if he says no to refunding you on the car or paying for the bearings or settling to your satisfaction, you need to get the bearings done, so pony up.

That would be my advise and what I would do. You can sue for anything, so screw it, make his life miserable.

Originally Posted by JuniorB

Hi,don't mean to troll ,but being a mechanic, he's right fraud is fraud,false advertisement to profit. You guys know,he'll even I know,these cars are prone for bearings in the higher mileage. What sound better?,an m3 with or without new bearings? The seller is no fool,he got out in time. Do an oil test and make sure there not wiped out. It's all about hearsay,you can't prove something with out documentation anyway. This sale like a fisherman trying to catch the big one,you can catch fish without bait. It's a sad situation that it's dishonesty at its best,wether he new or not, he needs paperwork to prove work done,goes for anything. It's 30k, Judge Judy would have had him pay long time ago. Unless your heart is set on this particular car,I say go get him. I would not let this go,by the time your done,it's a 40k car. Sorry that I jumped in but I can't see someone that works hard for what they have, hand it over to someone like that. I know this cause it happen to a motor I bought Good luck op.

Thanks. Yea I definitely would rather avoid small claims court, but if it comes to that it certainly an option. I'm usually pretty busy and exhausted with school (I'm in dental school) and would have to take leave to be in court (which we dont get a whole lot of) but it would be worth it.

Originally Posted by mercedesc63

I would have gotten a PPI which is a must have for all used car purchases.

Also I would have never bought a used car with a rebuilt engine or SC on it for reasons like this.

If he offered to rebuy your car back then that is simply just a fantasy because it never happens. I think you should just take it and get over it or ask for a grand or two compensation.

yea with the way he's responding i'm not so sure he isn't just trying to string me along on the car

Originally Posted by Amirsm3

Get the bearings done, check out the rest of the car and deal with the inherent loss. Selling it now is really only going to hurt you more so - especially if you're gonna turn around and buy another car anyway.

While the rod bearings are "expensive", it's really not in the grand scheme of things. You're looking at 2300-2500 for the job - parts included. While they're there, have them look at the other stuff.

Edit: And next time, do some homework. I wouldn't take delivery on a car like this without having everything checked out. Heavily modified + high mileage + other members' testimonials to back out? Yeah, if this was some sort of "had to have it" purchase, you should have done more homework, I hate to say. Lesson learned, do what I mentioned above and enjoy the car. 650 horses will put a smile back on your face in no time.

agreed. I got excited and ignored all the signs and warnings. Definitely learning from my mistakes. What else would be good to have checked out during the RBs?

Originally Posted by ChiTownM

Get your money back from him, or press the issue, you'll find out if he is legit. Plenty of cars out there to buy. If he doesn't buy it back, love the former analogy of making his life miserable, assuming you have the time and energy for it.......and don't look back.

yea time and energy definitely make it a hard decision. but if it comes to it I think I would take a shot at small claims court.




I appreciate all the support and the advice from everyone. Definitely nice to be able to hear from all of you and get your input on the situation. And a few slaps on the back of the head for me being an idiot haha

[Amirsm3]

"once the summer time money rolls in" says the guy with two gallardos. He's not buying the car back, broham. If he does, I'll eat a full box of cinnabons.

[O2ShootTheJ]

Originally Posted by Amirsm3

"once the summer time money rolls in" says the guy with two gallardos. He's not buying the car back, broham. If he does, I'll eat a full box of cinnabons.

is that really a bad thing though? a full box of cinnabons? lol

But yea I'm pickin up what you're puttin down

[Amirsm3]

Originally Posted by O2ShootTheJ

is that really a bad thing though? a full box of cinnabons? lol

But yea I'm pickin up what you're puttin down

I don't want the 'beetus

[JDM_CL9]

Only thing you can really do at this point is try and negotiate with the previous owner and hopefully recoup some of your money back for the repairs etc.

Otherwise, it'd be quite hard to put this through a lawyer/court etc.

[kb9uwu]

Originally Posted by O2ShootTheJ

is that really a bad thing though? a full box of cinnabons? lol

But yea I'm pickin up what you're puttin down

yeah dude... gimi a box of cinnabons