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07-25-2013, 12:12 AM | #67 | |
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07-25-2013, 12:14 AM | #68 |
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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. |
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07-25-2013, 12:17 AM | #69 | |
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07-25-2013, 12:19 AM | #70 |
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07-25-2013, 12:22 AM | #71 |
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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.
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07-25-2013, 12:31 AM | #72 | |
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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 |
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07-25-2013, 12:50 AM | #73 | |
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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 ContractTHIS 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. Last edited by DKM3; 07-25-2013 at 01:27 AM.. |
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07-25-2013, 12:55 AM | #75 | |
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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. |
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07-25-2013, 01:00 AM | #76 | |
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07-25-2013, 01:02 AM | #77 |
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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.
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07-25-2013, 01:06 AM | #78 | |
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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 Last edited by DKM3; 07-25-2013 at 01:17 AM.. |
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07-25-2013, 01:10 AM | #79 | |
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07-25-2013, 01:12 AM | #80 | |
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07-25-2013, 01:18 AM | #81 | |
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07-25-2013, 01:19 AM | #83 |
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Hey, it happens to the best of us. Now boys shakes hands and say sorry.
Last edited by DKM3; 07-25-2013 at 01:25 AM.. |
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07-25-2013, 01:22 AM | #84 |
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Probably not for the entire episode. Probably though for the knife fight.
AND AND Last edited by DKM3; 07-25-2013 at 01:28 AM.. |
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07-25-2013, 01:27 AM | #86 | |
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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. |
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07-25-2013, 01:33 AM | #88 | |
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Dk the federallie awesome forum agent told me to shake hands So bring it in buddy! |
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