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Need some '02 legal advice.......(long)


Guest Anonymous

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Guest Anonymous

I'm having a bit of a problem with a tii I bought. I met some (not

enough) of you at the Palo Alto Swap last weekend. Some may

remember the dark blue tii that was parked outside in the lot, feeling

sad because it wasn't invited to play with the other BMW's.

Anyway, I bought it and had it towed from the East Bay to Palo Alto

($170!). The PO told me that the head was replaced due to a crack and

that the mechanic couldn't adjust the injection. After the PA Swap

Meet, Jack Fahuna and I tried for 2+ hours to get it running and finally

gave up. He said there was a major vacuum leak that needed to be

fixed before it would run correctly. I left it in the lot, locked it up, and

we drove back to So. CA.

Sunday morning I called the tow truck driver and asked him to pick it

up and return it to where he got it from, which he did.

When I called the PO on Monday morning (because I was now the

owner) he told me that I knew what I was getting myself into. I said I

was told it was tweaking the injection, not a major vacuum leak. There

was no receipt for the head work. I asked where it was and he said

sometimes work is done without a receipt. BTW, the car came with a

floder full of receipts dating back to 1985. He really wanted nothing to

do with it any more. He said he'd have to call

me back and I finally called him 36 hours later.

Today I had it towed to Berkeley Motor Works. Thanks to "j 71Sahara,j

72Inka tii A4" (sorry I didn't get time to meet you) for a previous post

regarding Bay Area shops. Those people are really nice. They already

looked at the tii, and the intake needs to come off and start from there.

Looks like about $800 to start. Parting it was an option, but Mike said

it was not ready for parting just yet.

So, here's the legal advice I need:

1) Eat it and forget it.

2) Take the PO to small claims for not telling the truth about the

condition of the car.

Part of me says just eat it and another part says go after him.

What should I do?

Thx,

Craig74tiiX3

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Guest Anonymous

If you pursue it, it will likely turn into a time consuming "my word vs. yours" exercise. That's my thought anyways...Sorry about your situation however.

Coop

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Guest Anonymous

It would end up taking more money and time to go after the guy. I have thought about small claims over an ebay sale but it was not worth the time and money. I say suck it up

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Guest Anonymous

...I suspect this is an "eat it and learn" situation. I have "been there and done that" more times than you can possibly imagine.

- There was a known problem,

- Nobody knew the extent,

- You bought it knowing something had to be addressed

- And, the PO was washing his hands of the car.

I didn't see the car, but my suggestion: chock this one up to experience. Furthermore, don't feel bad. If you fret and worry about it, then I am afraid you will resent the car... and it isn't its fault. We have all been down this road... cars with rust we didn't discover until it was too late, accident damage, hidden flaws, tired engines, misrepresented parts, etc.

If you accept karma, then take comfort in the fact that if you let this situation go, you will reap the rewards of a treasure hidden where you weren't looking.

Brian

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Guest Anonymous

but I tried to keep the post as short as possible.

Anyone in the East Bay with a few extra eggs in the fridge?

Craig74tiiX3

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Guest Anonymous

i would have looked for you.

sucky situation. my guess is that the headache you'll face dealing with

the PO is not worth your time, though.

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Guest Anonymous

If your bottom end is OK and you have all the injection parts, then you have something. Get yourself the Factory Repair Manual, tools and an expert to advise you.

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Guest Anonymous

sorry to have missed you.

Pretty much already let it go. I will let the PO know how much this is

gonna cost me. I didn't plan on another project, at least right now.

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Guest Anonymous

replace the gaskets and put it back together. It'll be on the road again

within a couple of days and I'll fly up and drive it down. Not a big deal,

I guess. I just think the PO should have been honest about the

condition.

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Guest Anonymous

more time and money to try and fight it out than its worth. My wife just found this out with a furniture cleaner that ruined an expensive piece of furniture. She won in small claims, but no way to make him pay, lots of time and anguish. Your time is valuable, so you have to have a high probability of pay back if you are going to go for it. For her (my wife) even the final knowledge of "knowing" she was right wasnt't enough. Let it go and move on -- what goes around comes around (eventually).

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