Seller warning - damaged not as described

[salukimike]

Hi All, just want to share an experience I had with a seller on this forum so you can avoid wasting your own $.

First, I have tried to settle this with the seller off forum but he is ignoring me. I don’t want anyone else to be out $ like I am so it’s time to share after months of back and forth.

A few months ago I bought a set of rims and tires from 05Mdriver. These were marketed in good condition and no damage was noted on the listing and he had limited pictures (none showing the damage you see below).

I received the wheels and had them mounted as winter got closer, initially I noticed some vibration issues. I contacted the buyer initially wanting these to be returned, seller refused unless I paid for return shipping claiming it was only ‘cosmetic damage’. See images. I disagreed with this and we went back and forth with no resolution. For a seller that seems to sell a lot of rims on this forum he would have noticed they were repainted at some point in my opinion.

His comments:

“The original listing did indeed state used wheels which came off of a CPO car - I did no repairs and had no knowledge of repairs. I did know they were completely functional though.

You seemed to have had buyers remorse days after purchase and have been searching for an excuse to return which is not fair.

The wheels are good - usable and functional - please attempt to actually use them and then come to me with an issue other than cosmetic so we can rectify. “


I took the wheel in and tire shop found a rim leak. Good thing I caught it before destroying the run flat. Further investigation found the rims had previously been repaired and a weld was broken.

I had the rim repaired at my own cost $225. I would have been satisfied if seller offered to cover this cost which seems the fair thing to do.

Long story short, be careful who you buy from, and ask lots of questions. I’d also think twice before ever buying anything from 05Mdriver.

[Tambohamilton]

Are those pictures from before or after you had them repaired?

[M5Rick]

If you buy secondhand then 'buy as seen' rules apply and you got them cheap anyway so you can't expect perfection like in new ones and if you did get a flat on your run flats then they wouldn't be destroyed as they're designed to be 'run flat'.

[///MPhatic]

Originally Posted by M5Rick

If you buy secondhand then 'buy as seen' rules apply and you got them cheap anyway so you can't expect perfection like in new ones.

Not true.

Damage like this should be known by the seller (or he's an idiot for not thoroughly checking what he's selling), and disclosed. And yes, used is "buyer beware", but much of what is sold on Bimmerpost is like-new condition, or very nearly. Trash like what you see in the pictures above isn't the norm unless you're on a Civic board.

[Tambohamilton]

Originally Posted by ///MPhatic

Not true.

Damage like this should be known by the seller (or he's an idiot for not thoroughly checking what he's selling), and disclosed. And yes, used is "buyer beware", but much of what is sold on Bimmerpost is like-new condition, or very nearly. Trash like what you see in the pictures above isn't the norm unless you're on a Civic board.

Agree.

Though if the wheels arrived like those pics, no way should the OP have fitted them.

[salukimike]

Tambohamilton Yes pictures are how 1 wheel arrived. This wheel was the one I had fixed. The fully straightened, welded and refinished. Did a great job.

It’s on me at the end of the day for being uneducated in used wheel buying, but I just wanted to share so others don’t make the same mistake with this seller.

[Tambohamilton]

Fair, thanks for sharing.

Shitty thing for the seller to do to you, but I hope you've also learned to fully inspect on delivery now too!

Also, never use PayPal family/gift payment, even if you have to pay the fees.

[jkoral]

Looking at post history, he sells a ton of wheels on bimmerpost.

Buyer Beware: 05Mdriver
https://www.m3post.com/forums/showthread.php?t=449532

(Top search result, but looks like that buyer got his issue resolved).

[M5Rick]

It's wise to go and view the tyres/wheels before paying but it's not always possible with the distances over there.

[Hit_Apex]

Omitting mentioning a repair of this extent in the description is clear misrepresentation. To say "I had no knowledge of the repairs" is just weak. Impossible seller didn't notice this - especially if he is known to sell lots of wheels. The fact he defended it, instead of being surprised as you would if he actually did not notice the poor repair and work with the buyer (as a reasonable person would) is just a d!ck move. Thanks for what appears to be a valid warning.

[salukimike]

Tambohamilton

I just submitted a claim via PayPal because I sent for it as payment for product not as family/friend luckily.

[murderspice]

Originally Posted by Hit_Apex

Omitting mentioning a repair of this extent in the description is clear misrepresentation. To say "I had no knowledge of the repairs" is just weak. Impossible seller didn't notice this - especially if he is known to sell lots of wheels. The fact he defended it, instead of being surprised as you would if he actually did not notice the poor repair and work with the buyer (as a reasonable person would) is just a d!ck move. Thanks for what appears to be a valid warning.

This damage would be a “material defect,” so not mentioning it in the ad is, in fact, a breach of contract. I would comfortably void the contract and ask for my money back.

[Donatello.]

Originally Posted by salukimike

Tambohamilton Yes pictures are how 1 wheel arrived. This wheel was the one I had fixed. The fully straightened, welded and refinished. Did a great job.

It’s on me at the end of the day for being uneducated in used wheel buying, but I just wanted to share so others don’t make the same mistake with this seller.

They arrived like that & you still mounted them? Come on, man. I would have told the seller I'm returning for a full refund after that bs & doing a chargeback, Paypal case etc.

[salukimike]

Donatello. I tried to get the seller to take them back for a number of months. Finally opened a case with PayPal.

[salukimike]

The ‘comedy’ continues. I escalated with PayPal and the seller offered $25. Clearly a very unscrupulous seller indeed.

[Donatello.]

Originally Posted by salukimike

The ‘comedy’ continues. I escalated with PayPal and the seller offered $25. Clearly a very unscrupulous seller indeed.

Just dispute w/your CC

[murderspice]

Originally Posted by Donatello.

Just dispute w/your CC

“Stop payment”

[carseatsm5]

Shame the seller isn’t working with you, would be the decent thing to do.

[salukimike]

Agreed. Shame he’s gone completely silent. Just leads me to further believe he knew he sold junk.

[05Mdriver]

Ill share my side.

As a highly rated, long time forum member and frequent seller of wheels, I am quite familiar with them and how to describe when selling online. I do not have a history of misleading forum members because I simply, do not do it.

I had posted a cheap set of winter wheels and very clearly wrote in the description, “The wheels have been repaired and refinished.”

Michael contacted me about the wheels, beat me up on price, and wound up getting a smoking deal on a cheap set of functional OEM BMW wheels, Pirelli runflat winter tires, and genuine OEM BMW TPMS installed, all shipped right to his doorstep.

Upon delivery, before mounting, Michael emailed me and said the wheels vibrate, but yet he had not put them on.

I asked him to mount them and then see if they vibrate. He then mounted them, and immediately said they vibrate. I replied that I find it very difficult to believe as I watched them spin perfectly true and receive a fresh machine balance, moments before packing and shipping out. I do this process for every single set of wheels I sell by the way - all wheels get a fresh spin balance right before packing and shipping.

Michael requested a refund anyway, which I then APPROVED.

Again, I APPROVED a full refund and that I would take them back, no problem. Michael however refused to take any responsibly or ownership of his purchase decision, and refused to pay the return shipping costs.

A few months went by, the wheels never showed up, and Michael never contacted me again.

I took this as he was keeping the wheels, they did not vibrate, and they did not leak. They were perfectly functional like the post stated they were.

This was a the end.

All of a sudden, months after he has been driving on them without issue, I get an email stating there is a leak and he was asking for compensation.

I stated the wheels did not come with, nor were implied to come with a road hazard warranty, and during months of him driving on the wheels without issue in Chicago winter, all of a sudden it seems he had hit some sort of road debris / pothole / curb / etc. and damaged his wheel causing a leak.

I got a few more recent emails from him demanding compensation, a full refund, and the most recent one threatening a court case.

I did not reply as I had already previously agreed to a full refund on the original baseless claim (The wheels vibrated before he even mounted them), and since Micheal was so dead set on not paying for return shipping, I felt there was no progress to be made in more correspondence.

I tried to make things right, I accepted his return request, but this isn’t an Amazon type purchase with free return shipping, especially since the wheels were indeed originally described to have been repaired / refinished.

I suppose my question is:

Where does my responsibility end ?

I already approved a full refund for a baseless claim, but now months later I have to pay for damage Michael caused himself by hitting a pothole / road debris / etc in a Chicago winter ?

Am I responsible if he runs over a nail next week ? Am I responsible if a TPMS battery goes bad in 2 years ?

At what point does Michael own the wheels, and I no longer.

[05Mdriver]

TLDR:

Wheels were originally described to have been repaired / refinished. Michael drove on them for months without issue then hit a pothole damaging one and wants me to pay.

[salukimike]

This is comical.

First, I paid your asking price. That’s not exactly a smoking deal or ‘beating you up on price’

Do you have the original posting? You immediately took it down. Because you never stated the above about being damaged. I have a string of emails from you stating otherwise. See below.

Its interesting you’ve finally decided to respond after a negative yelp review.

Why should a buyer who contacts you a few weeks later after having them mounted after receiving the wheels about damage that was already present when received pay return shipping and also pay the shipping you paid (per your email). This started in November.

Nonetheless I am not interested in a back and forth on the forum. If you’d like to resolve amicably please feel free to email me, but don’t blast me on the forum for being fair in my attempts to resolve this with you. Especially when what you originally listed and sold differs entirely from what you are now saying.