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07-25-2013, 02:54 PM | #111 |
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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. |
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07-25-2013, 02:55 PM | #112 | |
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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 factI'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 capacityHere, 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:
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 Last edited by DKM3; 07-25-2013 at 03:26 PM.. |
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07-25-2013, 03:02 PM | #113 |
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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.
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07-25-2013, 03:04 PM | #114 |
Bimmerpost Special Prosecutor II
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07-25-2013, 03:06 PM | #115 |
Banned
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07-25-2013, 03:09 PM | #116 | |
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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. Last edited by DKM3; 07-25-2013 at 03:18 PM.. |
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07-25-2013, 03:10 PM | #117 | |
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JACK F*CKING BAUER with me Last edited by DKM3; 07-25-2013 at 03:22 PM.. |
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07-25-2013, 03:23 PM | #118 | |
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07-25-2013, 03:31 PM | #119 |
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I dont know the part number. I know its the control module and wire harness that I need. Thank you so much.
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07-25-2013, 03:34 PM | #120 | |
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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. |
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07-25-2013, 03:48 PM | #121 | |
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DK Last edited by DKM3; 07-25-2013 at 07:05 PM.. |
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07-25-2013, 04:01 PM | #122 |
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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.
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07-25-2013, 05:21 PM | #123 | |
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i met some great guys through all this drama. |
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07-25-2013, 07:22 PM | #125 | |
Forever Rest In Beats
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07-25-2013, 07:49 PM | #127 |
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Awesome resolution to this story (assuming things work out)... Not ideal, but nice community rally!
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07-25-2013, 08:37 PM | #128 |
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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.
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07-25-2013, 10:59 PM | #130 | |
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That's what I am talking about....///M Flight baby!
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07-25-2013, 11:10 PM | #131 | |
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Your life will be hell if you have to take the bar twice. You can put your M cape on after the bar |
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07-25-2013, 11:27 PM | #132 | |
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