does anyone know where I can find forum member MEMMEZZ?

[Edjay]

Originally Posted by beemerdude5150

I asked him. Does it come with all I need? He said yes. And what kind of man wont give an honest member back his refund if hes selling me wolf tickets? Now hes making us all go liam neeson on him and stuff. I could understand if I was an RS5 guy or something but we supposed be m bros. Lol jk. Nah but all jokes aside. I just need him to come clean. Why would he be dodging me if he wasnt doing anything wrong? No wonder he didnt wanna dp paypal. Duh! Sheister Mcgee I tell ya!

From his FS thread its clear what comes with the sale. He also stated that he is not aware if theres anything else needed. My question is why didn't you check (maybe with your mechanic) If that was all you needed. Sorry,I honestly dont think he was trying to scam anyone.

[beemerdude5150]

Some of you these members really live up to the m driver douchebaggy stereotypical personalities lol. Sheesh. Cut an ambitious guy some slack.

If I came off wrong somehow please forgive me. Not my intention. And thanks dk mdosu and everyone again.

[beemerdude5150]

Originally Posted by Edjay

From his FS thread its clear what comes with the sale. He also stated that he is not aware if theres anything else needed. My question is why didn't you check (maybe with your mechanic) If that was all you needed. Sorry,I honestly dont think he was trying to scam anyone.

What are you? You his alias spy account? Bottom line is I want a refund! We had clear chats on ghe phone. I wasnt even there for the purchase. And I had someone buy it for me and the guy told me it was all there. And I had the parts on my car but that was a lie. Anyway. Im frustrated. Kick rocks man.

[beemerdude5150]

Originally Posted by AKG M3

This is very unfortunate. Hope he makes it right and makes you whole.

Yeah I hope so too. But if not. No love lost. Kharma is a bitch only if you are.

[beemerdude5150]

Before I bought my M I made buddies with M owners and learned what was up. And with my future agendas I plan to do the same. So please stop ridiculing someone you know nothing about. I dont know you and you dont me so dont judge me. That goes to whoever thinks anything bad of me. You dont like my cyber presence? Kick rocks and go on with your life. Do it moving. Please.

[Edjay]

Originally Posted by beemerdude5150

Before I bought my M I made buddies with M owners and learned what was up. And with my future agendas I plan to do the same. So please stop ridiculing someone you know nothing about. I dont know you and you dont me so dont judge me. That goes to whoever thinks anything bad of me. You dont like my cyber presence? Kick rocks and go on with your life. Do it moving. Please.

Your right, you don't know me, I don't know you. I wasn't judging you. But you were too quick to judge me it seems like. Calling me a "spy alias account" Please live by your own words.
I wasn't ridiculing you. But I did post his add, It shows he wasn't trying to scam people. IMO IF he was, he would not post a pic of what comes with the sale.

Good luck

[DKM3]

Originally Posted by Edjay

Not taking sides, but he did made this post when someone asked if it comes with module and harness. OP I don't know the story, just noticed this on his add about the wheel.



Link to his F/S thread
http://www.m3post.com/forums/showthread.php?t=851058

WOW a HUGE detail.

THIS IS A LAY OPINION NOT THE OPINION OF AN ATTORNEY PLEASE CONSULT ONE BEFORE ACTING.

This seems to qualify as a mutual mistake.

Mutual Mistake:
Mutual mistake is a valid defense to formation holding that there was NO CONTRACT.
In a mutual mistake:
1) The mistake rests on a basic assumption on which the contract was made AND
2) The mistake materially adversely affected the agreed upon exchange AND
3) The adversely affected party did not assume the risk

Both parties thought what they paid for and what they received was what was needed to get the thing working. In this case the parties BOTH were mistaken. This would void the contract completely as if it were never formed and the parties would probably have a legal duty to return what they had.

It could be argued though that:
Bimmer assumed the risk:
1) For not checking the goods and having an agent of his pick it up. Though this could be questionable as you have not "accepted" goods that you have merely paid for without inspection (think QVC or homeshopping network).
AND
2) Not getting a diagram of what the kit original comes with

Statute of Frauds:
The sale of goods of over $500 requires a writing signed by the party to be charged to be made enforceable. There seems to be no indication of a writing except maybe through texts yet no signature but there is an exception here: Partial payment or delivery made and accepted (but only satisfies SoF as to extent of the partial payment/delivery) Since one could argue that the kit was "partially delivered" you could still hold the contract enforceable against MEEEZZEE


Implied Warranty of Merchantability:
A contract always has an additional term implied (built into it regardless of what it actually says). The implied warranty of merchantability means that the good will do what it was intended to do (a fan blows air, a refrigerator keeps food/its contents cold) Since MEEZEE is not a Merchant (one who normally deals in the sales of goods) there is no implied warranty of merchantability.

Depending upon how this turned out your remedies would be in equity as quasi contract as there might be NO CONTRACT.

Restitution:
P can get restitution damages for property/money given to, or services rendered for, D for the value of the benefit. The value of the benefit is determined by:The difference between present value of chattel (personal property) and value before services rendered.

To have quasi contract (equitable remedy) there must be:

Quasi Contract
1) P conferred a benefit onto D
2) P expected performance/to be paid
3) D would realize unjust enrichment if P was not compensated/fulfilled.

THIS IS A LAY OPINION NOT THE OPINION OF AN ATTORNEY PLEASE CONSULT ONE BEFORE ACTING.

It would rather be unlikely that you would haul him into small claims court but it's possible to do so.

[nujabes24]

Well dkm3 and edjay kinda solved this problem

[beemerdude5150]

Originally Posted by Edjay

Your right, you don't know me, I don't know you. I wasn't judging you. But you were too quick to judge me it seems like. Calling me a "spy alias account" Please live by your own words.
I wasn't ridiculing you. But I did post his add, It shows he wasn't trying to scam people. IMO IF he was, he would not post a pic of what comes with the sale.

Good luck

Lol sorry Im just a bit irritated. Long day. Lots oftraffic.

I bought that wheel with him telling me it came with all I needed to install. I was not aware of all these other parts needed. And im the victim here. I had no clue that module a and b was also supposed to be there Until I actually got it and went to the shop. Maybe hes not ducking me and purposely shamming me. Maybe hes on vacay. Id like to hope theres a legitimate reason why we cant get in touch. I just know I need the parts or a refund. Bottom line. He should go back to the dealer where he got it uninstalled to get them to return the other parts back to its righful place. With the steering wheel.

[beemerdude5150]

Originally Posted by Edjay

Your right, you don't know me, I don't know you. I wasn't judging you. But you were too quick to judge me it seems like. Calling me a "spy alias account" Please live by your own words.
I wasn't ridiculing you. But I did post his add, It shows he wasn't trying to scam people. IMO IF he was, he would not post a pic of what comes with the sale.

Good luck

The comment you replied to was not directed towards you bro. Please know. I was talking about people on here that have made little belittling remarks.

[beemerdude5150]

Lets just hope itll all play out fairly. Enough of this thread. Forget the wheel. Fate will take its course. And thank you all again. Sorry if I came off a bit harsh. Im only human.

[DKM3]

Originally Posted by beemerdude5150

Some of you these members really live up to the m driver douchebaggy stereotypical personalities lol. Sheesh. Cut an ambitious guy some slack.

If I came off wrong somehow please forgive me. Not my intention. And thanks dk mdosu and everyone again.

People get a little anal here sometimes. I'm neutral normally and I know that you feel wronged here. I myself went through the same thing. It's the feeling of: WHY WONT YOU ANSWER YOUR PHONE? I had this with Dickerson. (Hey Dickerson if you're reading this. I can't wait for your next move).

There could be legitimate reasons of why he isn't answering (hospital, death, etc...)

I think everyone on the thread needs to calm down. I respect and love all of you guys but let's keep our eye on the ball here. A man just wants a refund and can't reach his seller. How do we facilitate a resolution? I for one am a big proponent of communication and keeping expectations inline. Starting a line of dialog instead of making this man feel hunted would probably be wise.

DK

[DKM3]

Originally Posted by Edjay

Not taking sides, but he did made this post when someone asked if it comes with module and harness. OP I don't know the story, just noticed this on his add about the wheel.



Link to his F/S thread
http://www.m3post.com/forums/showthread.php?t=851058

Edjay, I have to commend you sir NICE attention to detail!

[DKM3]

Originally Posted by beemerdude5150

Lol sorry Im just a bit irritated. Long day. Lots oftraffic.

I bought that wheel with him telling me it came with all I needed to install. I was not aware of all these other parts needed. And im the victim here. I had no clue that module a and b was also supposed to be there Until I actually got it and went to the shop. Maybe hes not ducking me and purposely shamming me. Maybe hes on vacay. Id like to hope theres a legitimate reason why we cant get in touch. I just know I need the parts or a refund. Bottom line. He should go back to the dealer where he got it uninstalled to get them to return the other parts back to its righful place. With the steering wheel.

I was a proponent of it being an incorrect installation. He might have the harness with the module still in his car but that would be odd because of re-pinning that has to occur. In any case the harness and the module are both needed and maybe he can ask the installer/uninstaller where they are as a practical matter rather than a legal one.

[beemerdude5150]

Originally Posted by DKM3

People get a little anal here sometimes. I'm neutral normally and I know that you feel wronged here. I myself went through the same thing. It's WHY WONT YOU ANSWER YOUR PHONE? I had this with Dickerson. (Hey Dickerson if your reading this, can't wait for your next move).

There could be legitimate reasons of why he isn't answering (hospital, death, etc...)

I think everyone on the thread needs to calm down. I respect and love all of you guys but let's keep our eye on the ball here. A man just wants a refund and can't reach his seller. How do we facilitate a resolution? I for one am a big proponent of communication and keeping expectations inline. Starting a line of dialog instead of making this man feel hunted would probably be wise.

DK

I agree. Thats why I said what I said after ive calmed down and put some fair thought into the whole situation.

[DKM3]

Originally Posted by nujabes24

Good luuck

I picked up on the completion of that joke btw. Well done.

[DKM3]

Originally Posted by beemerdude5150

I agree. Thats why I said what I said after ive calmed down and put some fair thought into the whole situation.

Hey, it happens to the best of us. Now boys shakes hands and say sorry.

[DKM3]

Originally Posted by Dashman

Am I too late?

Probably not for the entire episode. Probably though for the knife fight.



AND



AND

[beemerdude5150]

Ron Burgundy definitely drives an M.

[Edjay]

Originally Posted by beemerdude5150

The comment you replied to was not directed towards you bro. Please know. I was talking about people on here that have made little belittling remarks.

no harm no foul. Lets just wait to what the sellers response will be

By anychance did you asked or did he mention whose car the wheel came off? As mentioned its probably still on the car it came off. Maybe if he bought it from a salvage yard, you can contact that place to find your missing piece.

[beemerdude5150]

Originally Posted by Dashman

Am I too late?

Lol. U guys crack me up. Gimme some popcorn too.

[beemerdude5150]

Originally Posted by Edjay

no harm no foul. Lets just wait to what the sellers response will be

By anychance did you asked or did he mention whose car the wheel came off? As mentioned its probably still on the car it came off. Maybe if he bought it from a salvage yard, you can contact that place to find your missing piece.

I have no idea. We havent been in communication. Last time he texted me was that he'd check with his dealer and I havent heard from him since.

Dk the federallie awesome forum agent told me to shake hands

So bring it in buddy!