Caveat emptor with member Bimmerkid!

[rnrn]

Sorry to write this guys but this guy/kid really f***ed me on a tires/wheel package we put together. I specifically asked that the throwing stars I was buying were OEM/BMW genuine part and he confirmed that they were, also stating that he spent $3000 on the package. Better than 9.5/10, according to him. He never sent pix like I asked claiming they were already boxed up and wrapped for shipping.

What shows up at my place? Replicas with curb rash and one rim which is out of round--and certainly not directional either. I am obviously pissed off and also embarassed that I didn't confirm what I was getting. His name is Sal Benanti and he has not responded to my e mails since the shipping--lives in New Jersey.

If any of you know him let him know that he pulled one over my eyes who was trying to deal honestly and fairly. Beware...

Moderators, can you sticky this so others can see that this guy is giving BMW CCA members a bad name?

Ross

[Phil M]

post some emails.. pictures.. anything you have to support your case. if not, youre not gonna get a sticky. how much did you pay total and what about the tires?

[albundy]

This is the negative side of buying things through the internet :(

I bought a Threshold amplifier from a middle aged man from Palo Alto, and he sent me a broken amplifier, paid him 600 bucks for that and cost another 50o bucks to fix it. As you have experienced, he refused to answer my calls or emails.

AL

[Patrick]

That sucks and I'd be reeeallly pissed. You know his name, where he lives, what he drives, his age and BMWCCA # (from his member profile). I guess you could file a suit in small claims court in NJ if you have enough written evidence to support your case. You could also arrive at his house with the wheels and have a "talk" with him.
Maybe we should all email him and ask him WTF? Like Phil said, post your emails and more details to support your case here.
That's really inexcusable on his part -keep us posted.

[rnrn]

awesome dude! Pleasure doing business with you

-Sal


--- Ross Neag <jasrwn@comcast.net> wrote:
> look for cashiers check in the next 3-5 days...
>
> Ross
>
> I will forward shipping address...
>
>
> ----- Original Message -----
> From: "acbimmer" <acbimmer@yahoo.com>
> To: "Ross Neag" <jasrwn@comcast.net>
> Sent: Friday, February 20, 2004 2:28 PM
> Subject: Re: ***QUESTION RE: YOUR CLASSIFIED
> LISTING*** info request from
> Roadfly.org
>
>
> > i thought i sent it to you already?? oh well
> >
> > S Benanti
> > 170 Edson Terr
> > Franklin Lakes, NJ 07417
> >
> > thanks
> >
> > SB
> >
> > ps: did you get the address to where they are
> being
> > shipped to?
> >
> >
> > --- Ross Neag <jasrwn@comcast.net> wrote:
> > > Yeah, you gotta send me your address so I can
> get
> > > some $$ out to you. I'm
> > > outta town through Tuesday. Take care...
> > >
> > > Ross
> > >
> > > ----- Original Message -----
> > > From: "acbimmer" <acbimmer@yahoo.com>
> > > To: "Ross Neag" <jasrwn@comcast.net>
> > > Sent: Tuesday, February 17, 2004 6:54 PM
> > > Subject: Re: ***QUESTION RE: YOUR CLASSIFIED
> > > LISTING*** info request from
> > > Roadfly.org
> > >
> > >
> > > > Hey,
> > > >
> > > > so are we good with $1150 shipped?
> > > >
> > > > Thanks,
> > > >
> > > > SB
> > > >
> > > > --- Ross Neag <jasrwn@comcast.net> wrote:
> > > > > Word.
> > > > >
> > > > >
> > > > > ----- Original Message -----
> > > > > From: "acbimmer" <acbimmer@yahoo.com>
> > > > > To: "Ross Neag" <jasrwn@comcast.net>
> > > > > Sent: Monday, February 16, 2004 5:29 PM
> > > > > Subject: Re: ***QUESTION RE: YOUR CLASSIFIED
> > > > > LISTING*** info request from
> > > > > Roadfly.org
> > > > >
> > > > >
> > > > > > I take more care of my car and especially
> the
> > > > > wheels
> > > > > > more than my self. It usually takes me
> > > anywhere
> > > > > from
> > > > > > 1 hour to 3 hours to clean them. They are
> > > better
> > > > > than
> > > > > > 9.5 out of 10.
> > > > > >
> > > > > > -SB
> > > > > >
> > > > > > --- Ross Neag <jasrwn@comcast.net> wrote:
> > > > > > > Can you send some pics of them? Before
> I
> > > send
> > > > > you
> > > > > > > any $$ I need to know
> > > > > > > what they look like. I'm sure you
> > > understand.
> > > > > Or
> > > > > > > just confirm that they
> > > > > > > are in at least 9.5/10 condition. The
> tires
> > > I'm
> > > > > not
> > > > > > > concerned if brand new.
> > > > > > > And these are BMW OEM, correct, not
> > > aftermarket?
> > > > > > > Can you prove this?
> > > > > > > Thanks, Ross
> > > > > > >
> > > > > > > And Ill meet you at $1150. Congrats...
> > > > > > >
> > > > > > >
> > > > > > > ----- Original Message -----
> > > > > > > From: "acbimmer" <acbimmer@yahoo.com>
> > > > > > > To: "Ross Neag" <jasrwn@comcast.net>
> > > > > > > Sent: Monday, February 16, 2004 11:55 AM
> > > > > > > Subject: Re: ***QUESTION RE: YOUR
> CLASSIFIED
> > > > > > > LISTING*** info request from
> > > > > > > Roadfly.org
> > > > > > >
> > > > > > >
> > > > > > > > I dont mean to be a pain, but if
> possible
> > > > > would
> > > > > > > you be
> > > > > > > > willing to do $1150, because shipping
> is
> > > > > pretty
> > > > > > > steep,
> > > > > > > > lol. The wheels are all packed up and
> > > ready
> > > > > to be
> > > > > > > > shipped to you already!!!
> > > > > > > >
> > > > > > > > thanks again,
> > > > > > > >
> > > > > > > > SB
> > > > > > > >
> > > > > > > >
> > > > > > > >
> > > > > > > > --- Ross Neag <jasrwn@comcast.net>
> wrote:
> > > > > > > > > $1100 to you this week if you cover
> > > > > shipping. I
> > > > > > > can
> > > > > > > > > paypal or money order.
> > > > > > > > >
> > > > > > > > >
> > > > > > > > > ----- Original Message -----
> > > > > > > > > From: "acbimmer"
> <acbimmer@yahoo.com>
> > > > > > > > > To: "Ross Neag" <jasrwn@comcast.net>
> > > > > > > > > Sent: Saturday, February 14, 2004
> 11:39
> > > PM
> > > > > > > > > Subject: Re: ***QUESTION RE: YOUR
> > > CLASSIFIED
> > > > > > > > > LISTING*** info request from
> > > > > > > > > Roadfly.org
> > > > > > > > >
> > > > > > > > >
> > > > > > > > > > OK dude....I went to a bunch of
> places
> > > and
> > > > > > > turns
> > > > > > > > > out
> > > > > > > > > > FedEx will be my best bet. Its
> about
> > > $140
> > > > > for
> > > > > > > 3
> > > > > > > > > day
> > > > > > > > > > air, around 200 for 2 day and
> about
> > > 350
> > > > > for
> > > > > > > > > overnight.
> > > > > > > > > > If you want we can do this: go
> half
> > > way
> > > > > each
> > > > > > > on
> > > > > > > > > the
> > > > > > > > > > shipping for 3 day air, or just do
> > > $1200
> > > > > > > shipped 2
> > > > > > > > > day
> > > > > > > > > > air.......idk if you want
> Overnight,
> > > lol
> > > > > its a
> > > > > > > bit
> > > > > > > > > > steep!! As far as payment: Money
> > > Order
> > > > > would
> > > > > > > be
> > > > > > > > > > awesome, but you can pay by check
> too
> > > > > (would
> > > > > > > need
> > > > > > > > > a
> > > > > > > > > > week extra for it to clear
> though).
> > > > > > > > > >
> > > > > > > > > > thanks again!! Hopefully I can
> get
> > > these
>
=== message truncated ===

[BimmerKid]

you forgot the last email you sent b4 post on the board that said you were happy that they arrived so fast and that they would be going on the car asap. Why is it that all of a sudden they are not what you want?

-Sal

[rnrn]

They were sent to my friend at Firestone and he called to tell me they were in. I live 45 minutes from there and wasn't able to see them until Friday afternoon. I was impressed with the quick shipment, that was all.

[Elekta]

Man that sucks; his IP addy needs to be logged for everyone.

Can you post the pics? If you send me the pics, I'll get them up in here. I'd like to see the curb rashing and the bent wheel.

I really need to see the marks id'ing where they're aftermarket too. I am looking for the same wheel right now, and don't get mad, but I have to learn from your experience.

I knew I shoulda bought Duke's T-stars from Germany when I had the chance...anyone heard from Duke in a while? He's stationed in Germany right?

[joshuagore]

Lets not just go jumping on anyones side here. We havnt even seen proof of either of there positions.

Lets see pics from from rnrn?

I have had this happen where someone says they have been screwed and and I jump on there side, then get burned in the process.

I want both to put up pictures of the wheels in question befor we become vigilantes.

[DrewZ]

I don't see where he confirmed that they were OEM T-stars. Was there a separate email where that was confirmed, or were they listed as OEM in the Roadflea ad?

Just curious

[happifella]

Come on guys, someone needs to fess up to the truth:

From the picture it is clear the wheels are not Genuine e34 M5 wheels. Those are the "replica" 1 piece wheels that are no longer made. In fact, BMW put a legal stop to their production a while back. These aftermarket wheels were never even $3k with tires when brank new. If the seller really did state that these were Genuine Original BMW e34 M5 wheels then the buyer has a reason to be upset.

Sal, is this the case? Did you tell RNRN that the wheels were original M5 wheels and not aftermarket?

RNRN: Let's see some pics of the wheels so we can determine if they are a 9.5 out of 10. That should be pretty easy to determine. They either have curb rash or they don't. It won't take much curb rash to quickly drop them down from a condition of 9.5.

Jeff

[happifella]

Seller Information
Member Name: BimmerKid
City: Franklin L, NJ 07417
Seller Type: Private
Date Listed: 02/04/2004
Send this seller a message


Other:


they are BMW throwing star wheels w/ 98% new BF Goodrich G-Force KDWS tires. Looking for $1100 plus shipping or best offer

[joshuagore]

The case is building against you know bimmerkid

[rnrn]

Ill get pix, no prob. They are one piece, non directional replicas. Yes, I am upset. No, I am not a warmonger. Just a fair deal, that is all. Read the e mails and you'll see that he "oversold" his product. If they were directional, I could easily live with it because even though they are replicas, they look better than basketweaves.

[Phil M]

why dont you post this email?


you forgot the last email you sent b4 post on the board that said you were happy that they arrived so fast and that they would be going on the car asap. Why is it that all of a sudden they are not what you want?

-Sal

[Dick Schneiders]

what he says he paid is true.

Dick Schneiders


Come on guys, someone needs to fess up to the truth:

From the picture it is clear the wheels are not Genuine e34 M5 wheels. Those are the "replica" 1 piece wheels that are no longer made. In fact, BMW put a legal stop to their production a while back. These aftermarket wheels were never even $3k with tires when brank new. If the seller really did state that these were Genuine Original BMW e34 M5 wheels then the buyer has a reason to be upset.

Sal, is this the case? Did you tell RNRN that the wheels were original M5 wheels and not aftermarket?

RNRN: Let's see some pics of the wheels so we can determine if they are a 9.5 out of 10. That should be pretty easy to determine. They either have curb rash or they don't. It won't take much curb rash to quickly drop them down from a condition of 9.5.

Jeff

[Mitch90535im]

So Bimmerkid,

Did you screw the guy or not?

[Warren N.CA]

ALWAYS, always get a phone number and talk to the seller on the phone, first. If the seller resists this for any reason, walk away. It it much easier to scope out a person's intentions when listening to their voice. Also, it would have been impossible for the seller to "ignore" the question about whether or not they were true OEM, on the phone. If the seller refuses your reasonable request for a photo, walk away.

It seems to me the seller had a clear intent to deceive by the wording of his ad, referring to "BMW wheels." This implies OEM while specifically avoiding that term. Couple this with the fact the seller ignored the email question about whether or not they were OEM. This seems to me a dishonest seller.

But the buyer did not persue due dilligence. He should have walked away on three different counts: 1. No phone conversation with seller. 2. Seller declined to show photos. 3. Seller ignored his question about true OEM. Seems to me like this is like wearing a "kick me" sign. But it in no way does it condone the despicable dishonest behavior of the seller. I'm sure no one here would EVER buy anything from him, in the future.





Sorry to write this guys but this guy/kid really f***ed me on a tires/wheel package we put together. I specifically asked that the throwing stars I was buying were OEM/BMW genuine part and he confirmed that they were, also stating that he spent $3000 on the package. Better than 9.5/10, according to him. He never sent pix like I asked claiming they were already boxed up and wrapped for shipping.

What shows up at my place? Replicas with curb rash and one rim which is out of round--and certainly not directional either. I am obviously pissed off and also embarassed that I didn't confirm what I was getting. His name is Sal Benanti and he has not responded to my e mails since the shipping--lives in New Jersey.

If any of you know him let him know that he pulled one over my eyes who was trying to deal honestly and fairly. Beware...

Moderators, can you sticky this so others can see that this guy is giving BMW CCA members a bad name?

Ross

[632 Regal]

the only thing you could in reality do is have someone check them out for you before you bite the bullet and get their oppinion and fresh pictures, not some pictures from last year. Might miss out on the sale but it could stop this from happening.

When you send money to someone and its not what they claim you can take them to small claims, in THEIR city and get an award against them. However you can't make them pay you.

You can also file a claim in YOUR court district under internet fraud, takes quite a while but if you can prove your case it can make life miserable for the sellar.

Always send Postal Money Orders or personal checks, at least you can get a copy of it being cashed, hopefully at their personal bank...then your getting somewhere. You have their account number!

If the seller is as sincere as this one claims to be, he should arrange for a UPS pickup and send the money back to the purchaser. This saving both parties the aggrivation and slanderous messages in a public forum. Both sides need to cool down and work something out, but they dont have to.

One or both parties can and probably will change their public & ebay Id's and start all over and pretend that nothing ever happened.
_____________________________________________
How do I know some of this stuff?

I bought a couple items from some members of this board, Most transactions went very well while others haven't. I dont whine all over the place, it was my shitty decision to trust them, not theirs. So they change their ID and life goes on. I don't worry about small amounts of money, I can survive on dirt but it sucks that you have to be so careful about so called board brothers.

I'm still waiting (2 years so far) on a racing transmission I paid over $3000 for to a member of another forum, who at that time was a 3 year member, active and close friends of the boards moderators & had his own performance shop. Why not trust him?

I'lll let you know when I get my transmission.

[Phil M]

This is what he has to say on Roadflea

http://bimmer.roadfly.org/bmw/forums/e34/4816817-1.html

[George M]

as Warren said there were a lot of warning signs and that's really how you learn. The thing about wanting something bad is there is side to human nature that turns a blind eye to the warning signs...a love is blind sort of thing. Most of us have been burned by an e-mail purchase...I have and learned from it. In my case it too involved a set of BMW wheels. When I got the wheels, I was crest fallen...not even close to how they were described condition wise. Pictures are only about half the story anyway. If its a $1K purchase or so, not a bad idea to have a local enthusiast look at the wheels for you...the best insurance. Maybe Bimmerkid (kick me) will take the high road and accept return of the wheels back...what my seller graciously did when I confronted him. Gonna get bit by the shipping costs but so what...still better than having a set of wheels you don't want.
Live and learn...probably won't happen again to either party.
Good luck guys.
George

[Patrick]

I recall seeing your for sale ad on Roadfly because at the time I was in the middle of buying a set of t-stars myself via a Roadfly ad -thankfully I had a completely diffrerent experience.
Your ad describes the wheels as being "BMW," which I interpreted then, and still now, that means OEM, and not replicas. If I had been your buyer I would want my $ back based on this issue alone. Reading your ad and how much you originally paid (got screwed) by your mechanic, and you not responding to this issue leads me to believe you either don't know what real Throwing Stars are compared to fake ones, or you realized you got screwed after-the-fact by your mechanc and you're just passing it along to Ross -you tell us?
As for the condition of the wheels and Ross's claim of them being damaged, when he posts pictures it will be easy enough to see if your definition of 9.5/10 is accurate and honest or not.
None of us can truly decide who is right or wrong here until/unless you answer these questions Sal, and Ross posts pictures -but we all know there must be some reason Ross is so unhappy about this Sal.

[Warren N.CA]

He started talking about how carefuly he cleaned them- an obvious "Red Herring" distraction technique. Well, it should have been obvious, but you were "blinded by the light."



Ill get pix, no prob. They are one piece, non directional replicas. Yes, I am upset. No, I am not a warmonger. Just a fair deal, that is all. Read the e mails and you'll see that he "oversold" his product. If they were directional, I could easily live with it because even though they are replicas, they look better than basketweaves.

[shortbuss2336]

if the purchaser did in fact see that pic, it is plainly obvious that they are not OEM wheels, They dont even come close to appearing to be the OEM ones to anyone with decent BMW trained eye. True OEM wheels look considerably different. As far as condition goes, if that is the only pic seen there is nooo way to tell extent of damage, even close up pics can sometimes deceive. Hopefully pics will be posted and seller is fair, Karma always comes back.... just my 2 cents.....

[Martin in Bellevue]

[QUOTE=...Most of us have been burned by an e-mail purchase...I have and learned from it. In my case it too involved a set of BMW wheels. When I got the wheels, I was crest fallen...not even close to how they were described condition wise...
George[/QUOTE]

The skirt that bought 'em locally thought they were brand new.

[George M]

yeah....hehe. And after I begged you for so long to get them down from your attic and you just wouldn't :-)....even after I told you I would get you laid by that supermodel I know.
Getting snow in Michigan today...man.
-G

[Martin in Bellevue]

Frank?!?




yeah....hehe. And after I begged you for so long to get them down from your attic and you just wouldn't :-)....even after I told you I would get you laid by that supermodel I know.
Getting snow in Michigan today...man.
-G

[632 Regal]

yeah....hehe. And after I begged you for so long to get them down from your attic and you just wouldn't :-)....even after I told you I would get you laid by that supermodel I know.
Getting snow in Michigan today...man.
-G

[George M]

her name is Miss Michigan :-) (which kind of looks like a hand)

[TheGeak]

Wow, after reading that it really makes me wary of buying this over internet boards. I am about to purchase a wire-set and cams/cam gears from someone on roadfly (if they still have them). Now i'm going to be EXTRA cautious!

[rnrn]

I've sent him two more e mails and still haven't heard from him despite seeing several posts and two threads started here and at roadfly. Does that tell me something..?

[BigD]

Won't hold up in court unfortunately. He never did say they are OEM. BMW means a lot of things. It can simply mean that they are FOR a BMW (which they are, won't fit any other car).

I think I have to side with Sal. I'm not saying not returning the money would the the perfect thing to do, or that he wasn't being underhanded in the deal. If he did that would be very honorable but I'm saying I would understand if he didn't. Private sellers are not businesses who have lots of cash in reserve and can simply put the item back on the shelf (and only the richest businesses allow this, most won't allow returns, others charge a restocking percentage). In the end, the condition of the wheels is subjective (sounded like all he meant is that they're crystal clean) and he never said they were OEM. I just want to be clear about what I mean when I say I'm on his side: that at this point, the decision is all his.

If you can get him to refund the money (if he doesn't have it commited elsewhere already) or win in court, then I would be really happy for you! But I'm afraid this one will have to be chalked up to experience...

Good luck

[George M]

and technically you are correct, but there is technical propriety and also a moral high ground. There is an honor system of sorts within this small community of enthusiasts....Kid you got to know that. This board is about helping other people with a common interest...these cars. Rnrn wouldn't have bought your wheels if he had seen them first. Its only a person's word and interpretation and UPS that consummated this sale which shouldn't have been..he doesn't want the wheels. Kid...you don't want to wear a scarlet letter around here and be known henceforth as a guy who scammed a fellow board member. If you don't settle up with rnrn and do the right thing, then the board will have to vote in favor of changing your user name from BimmerKid to "Kick me".
Now what 'll it be?
:D
George

[rnrn]

There is no question that I went through with the deal without all the facts. What I did have was a member telling me he spent close to $3000 (I knew OEM Stars ran $500 with covers before tires) which didn't seem outrageous for that setup (add $500 before tax for tires too). I was going on his word that these were better than 9.5/10 and original throwing stars. I even told him that replicas would be one piece and that OEM would be a three piece wheel. The fact that he is hiding behind what his mechanic sold him is laughable.

Again, for the record, I have been trying to contact him (no replies, except for thread posts) and want to be fair about what happened. All of us can learn from this and I would like his name to be restored to a straight-shooter as well. There is enough crap to deal with in life other than this, but this is what needs to be dealt with at the moment between us.

Please read the email trail and you'll see that I was misled in my purchase. It is also on Roadfly under the e34 board.

[Scott H]

Ross, are the wheels in town yet?

[AllanS]

My take is, as long as you get everything straight before sending someone a shitload of cash, you'll be fine, generally. It would definately be scummy of Bimmerkid if he did scam Neag intentionally (he is from NJ, so it's more than likely :D ), but Neag should've done his homework well in advance of sending him that much money. One look at those wheels and it's painfully obvious that they're replicas.

Oh, and a phone call doesn't hurt either- you can't beat live communication, and it's a lot harder to come up with a lie on the spot as opposed to the delay email presents.

[AllanS]

Get his phone number and talk to him upfront.

[Jon K]

There is no question that I went through with the deal without all the facts. What I did have was a member telling me he spent close to $3000 (I knew OEM Stars ran $500 with covers before tires) which didn't seem outrageous for that setup (add $500 before tax for tires too). I was going on his word that these were better than 9.5/10 and original throwing stars. I even told him that replicas would be one piece and that OEM would be a three piece wheel. The fact that he is hiding behind what his mechanic sold him is laughable.

Again, for the record, I have been trying to contact him (no replies, except for thread posts) and want to be fair about what happened. All of us can learn from this and I would like his name to be restored to a straight-shooter as well. There is enough crap to deal with in life other than this, but this is what needs to be dealt with at the moment between us.

Please read the email trail and you'll see that I was misled in my purchase. It is also on Roadfly under the e34 board.

Not to nag, but OEM throwing stars are one piece, and only considered two piece if counting the covers... as I recall. In Sal's defence, I bought a set of H&R Sport springs from him advertised as "new never installed" and that's exactly how I received them.

[Mitch90535im]

I'd 2nd that George. In a small community like this it shouldn't have to be "buyer beware".

Be a man, kid, and work out some kind of settlement.

Obviously the buyer didn't recieve what he was expecting.

Just my .02

[BigD]

Of course, I agree. That's why I was very careful to qualify what I said. I also believe that was a completely ******* thing to do. To make things right would be to trade back. BUT, legally...(unless a judge disagrees with me, at which point all is moot)

And, again of course, he has been shitlisted on both boards. He can't change his nickname since we know his real name. Even if he changes his nick, when someone goes to buy from him, the name Sal will ring some loud bells. But this all depends on whether or not he cares that he has been completely alienated...hmm, I'm gonna go watch Aliens. Sitting in my basement apt at school, with my M5 covered in half a foot of snow outside, bored out of my mind...


and technically you are correct, but there is technical propriety and also a moral high ground. There is an honor system of sorts within this small community of enthusiasts....Kid you got to know that. This board is about helping other people with a common interest...these cars. Rnrn wouldn't have bought your wheels if he had seen them first. Its only a person's word and interpretation and UPS that consummated this sale which shouldn't have been..he doesn't want the wheels. Kid...you don't want to wear a scarlet letter around here and be known henceforth as a guy who scammed a fellow board member. If you don't settle up with rnrn and do the right thing, then the board will have to vote in favor of changing your user name from BimmerKid to "Kick me".
Now what 'll it be?
:D
George

[BigD]

Don't get me wrong, I'm morally on your side. All I meant is that I don't think you have any recourse in the situation, short of him having a moral catharisis and the money falls out of the sky (if he didn't need it for something he wouldn't be selling, so more than likely it's already invested).

Yeah, I read everything. He didn't really mislead you. He never said one way or another that they are OEM, that they have no scratches etc. Which reminds me, the scratches you are talking about, are these at the very edge of the lip, IE actually on the outside, not the face of the rim? If so, that's normal for a painted rim which pretty much all replicas are. It gets rubbed off and is difficult to see until you take the tire off. And he didn't have a way of knowing a wheel was bent. Even if he had a vibration, you know as well as I do that there are a hundred reasons for this on these cars. Of course, he could have known about all of this and not told you. Either way, I'm just saying he never lied to you. He didn't answer all of your questions but it's up to you to demand an answer.

If you had the money for a good lawer, I'm sure you would win. Consumer protection laws have a LOT of leeway in favour of the consumer with regards to what he is allowed to assume. I'm sure in your case your assumption that these were OEM's would hold up fine. If you care to go to where he lives, you could try small claims as has been suggested. You don't need a lawer. I don't know about the US but here in Canada, all cases under $5k in value are heard for free.

So, as much as I feel for your situation, I think now it all really depends on what kind of person he is...


There is no question that I went through with the deal without all the facts. What I did have was a member telling me he spent close to $3000 (I knew OEM Stars ran $500 with covers before tires) which didn't seem outrageous for that setup (add $500 before tax for tires too). I was going on his word that these were better than 9.5/10 and original throwing stars. I even told him that replicas would be one piece and that OEM would be a three piece wheel. The fact that he is hiding behind what his mechanic sold him is laughable.

Again, for the record, I have been trying to contact him (no replies, except for thread posts) and want to be fair about what happened. All of us can learn from this and I would like his name to be restored to a straight-shooter as well. There is enough crap to deal with in life other than this, but this is what needs to be dealt with at the moment between us.

Please read the email trail and you'll see that I was misled in my purchase. It is also on Roadfly under the e34 board.

[albundy]

Having read all the correspondences, I think its obvious that you were trying to sell him a set of replicas (since you found out you got screwed by your mechanic) and your inability to send pictures of the rims to your buyer shown that you could be hiding something about them.

Do the honorable thing, return him his money (if you really believe your rims are that great). Work out something dude, maybe the seller will absorb all the S&H charges or maybe you return some money (50%) since its not an OEM. Work out something!!

don


Don't get me wrong, I'm morally on your side. All I meant is that I don't think you have any recourse in the situation, short of him having a moral catharisis and the money falls out of the sky (if he didn't need it for something he wouldn't be selling, so more than likely it's already invested).

Yeah, I read everything. He didn't really mislead you. He never said one way or another that they are OEM, that they have no scratches etc. Which reminds me, the scratches you are talking about, are these at the very edge of the lip, IE actually on the outside, not the face of the rim? If so, that's normal for a painted rim which pretty much all replicas are. It gets rubbed off and is difficult to see until you take off the rim. And he didn't have a way of knowing a wheel was bent. Even if he had a vibration, you know as well as I do that there are a hundred reasons for this on these cars. Of course, he could have known about all of this and not told you. Either way, I'm just saying he never lied to you. He didn't answer all of your questions but it's up to you to demand an answer.

If you had the money for a good lawer, I'm sure you would win. Consumer protection laws have a LOT of leeway in favour of the consumer with regards to what he is allowed to assume. I'm sure in your case your assumption that these were OEM's would hold up fine. If you care to go to where he lives, you could try small claims as has been suggested. You don't need a lawer. I don't know about the US but here in Canada, all cases under $5k in value are heard for free.

So, as much as I feel for your situation, I think now it all really depends on what kind of person he is...

[Jeff N.]

Why don't y'all just fix it. Offline. Sal - if you sold something that wasn't what you thought it was, be a man and take it back.

Pretty much everyone would agree that "throwing stars" are expected to be OE product unless you claim them replicas. Sorry if you got the dickola from when you bought them. Doesn't make it right to pass it along...

I'm outa here and hope y'all are too.

Jeff