View Full Version : E36 owners really know how...
to get under my skin. The guy I sold my car to I had a verbal agreement with my neighbor as a witness that I would let him borrow my Borla exhaust until we had time to swap them out. That is why I cut him such a good deal on the car and he fully understood that. Well he kept saying he was going to swap it out with the M3 muffler I have up until tonight he now said he won't do it. He said it is his car now and that the muffler is his. So after a long debate he said he would pay $400 and then got off the phone saying he would call me back. Well he finally calls back and the car is his and he has changed the oil in it and etc. and that makes it rightfully his. So after another long debate he said he would trade for my M3 but he now wanting to charge me and then he said he was joking and he would do it tomorrow afternoon but I don't know if I should believe him :mad:
The part that makes this suck the most is I promised the Borla to E36youngster and have made plans this weekend to deilver it to him. If not for that I wouldn't care if the guy kept it. E36youngster, I'm really sorry about this if I can't get it back, I should have taken it off before he even laid eyes on the stupid car. Either way you are getting a exhaust this weekend whether it be a Borla or a M3 muffler.
I hate selling stuff :thumbdwn:
Mr AAPL
04-21-2009, 07:42 PM
where's he at let's go crack some heads. I hate jerk offs who give the run around
I have his address from when he bought my car, it is on the bill of purchase (it will not be used to track him down, he can find this forum and use against me in court). I'm shaking from this though, I feel really sick inside, I can't believe someone would be so dishonest and two-faced. He even went to far to say that I should have known he was like that because he told me about the Hondas and Integras he owned. What is that suppose to mean? Is he really stereotyping ricer owners that bad?
edit: E36 guys, I'm not mad at y'all I just made the title because of this guy that now owns a E36. I cut him one heck of a deal, I wish I had been more careful and sold it to someone I knew.
Eric Devier
04-21-2009, 08:09 PM
You're the one with the modded 328 right? I HATE when you actually trust someone, but then they go right behind your back. It's sad that this is what people have come to. I've had bad experiences with trusting people (selling parts, buying cars, ect) and I always think I can trust the next person. Blah. Good luck with getting the Borla exhaust back man, karma will F him over soon enough.
E36 Phantom
04-21-2009, 09:04 PM
:(
Damn Derek, sorry to hear. Sucks when you trust people and then they give you the runaround.
I do have to say, it was pretty naive not to write it in the contract though with a firm date and exact details. Maybe I'm too cynical, but it would have helped protect you from this, so in a way it was kind of your mistake for not covering your ass. Not trying to be cavalier about it, obviously it sucks that you can't trust people, but definitely remember this in the future. ;) Hope it all works out for you bro. Really is messed up :(
the_brouhaha
04-21-2009, 10:52 PM
That sucks man, sorry, sounds like a real jackass.
How about I message you on facebook, and you can gimme the address. I got a baseball bat that says he would love to return it to you. :thumbup:
cmy_bimmer
04-21-2009, 11:02 PM
Well, if he agreed and everything, then even though it is on "his" car, the muffler still belongs to you. If I were you, I wouldn't play chat and meet up at his place without notice and talk to him up front. OR you can go there pretty late at night with a jack and some tools for him to find in the morning that the muffler was randomly stolen :dunno:. Say you had NOTHING to do with it AND that since it was his responsibility to hold it for you, he OWES you $400 dollars, :D. Sounds like we have a plan :thumbup:
the_brouhaha
04-21-2009, 11:06 PM
Pay for my plane ticket out there and I'll do it.
E36 Phantom
04-21-2009, 11:07 PM
Pay for my plane ticket out there and I'll do it.
+1
:eeps:
cmy_bimmer
04-21-2009, 11:48 PM
You'll have a crew of bandits out there and get you muffler back in no time :AF330i:
e36mike
04-22-2009, 12:16 AM
in the end you have a clean ass m5.
I don't have enough money on the side to buy any plane tickets, right now I"m saving up for clutch and flywheel for the M. I don't want to mess with the guy anymore, I just want him to give me the Borla back, it isn't about money it is about I promise I made to E36youngster. The guy rushed me when he tried getting the car and didn't give me a chance to take off the Borla and he kept promising and promising he would give it back including a couple time when my neighbor was standing right there in front of us. Every time he called you could hear his friends int he background telling the guy to not to listen to me and that he should just hang up or tell me to pay for the exhaust.
cjf351
04-22-2009, 06:03 AM
Sh!t like this makes me want to take a road trip vacation to the south.
I recommend the "midnight auto" solution.
A pickup, jack, and tools, a few friends with bad attitudes, and it will be yours again in no time.
stock328is
04-22-2009, 06:27 AM
I have his address from when he bought my car, it is on the bill of purchase (it will not be used to track him down, he can find this forum and use against me in court). I'm shaking from this though, I feel really sick inside, I can't believe someone would be so dishonest and two-faced. He even went to far to say that I should have known he was like that because he told me about the Hondas and Integras he owned. What is that suppose to mean? Is he really stereotyping ricer owners that bad?
edit: E36 guys, I'm not mad at y'all I just made the title because of this guy that now owns a E36. I cut him one heck of a deal, I wish I had been more careful and sold it to someone I knew.
Sorry dude. That crap happens sometimes, but there is no much that can be done now! A verbal agreement is only as strong as the two people issuing it, and for you, you got screwed by a dishonest prick.
Next time you are going to be offended by one's stereotype make sure that you don't, in the same sentence, use the term "ricer"...(check your last sentence)
that is what their cars are called over here, even the guys that I know that own them know that they are ricers. I guess it has more meaning where you live. I've already talked to some legal advisors about it and they said I can take him to small claims because I do have a witness that was there when the guy admitted that the Borla was mine and in no way a part of the car's sale.
cmy_bimmer
04-22-2009, 07:59 AM
Dude, I feel so bad and I give you props for at least trying to keep your promise to E36youngster. I like how thats the thing thats bugging you and not the fact that he basically stole your muffler. :thumbup:, we need more people like you :D
bmwadam
04-22-2009, 08:03 AM
Verbal agreements can be enforceable contracts. (Unless it falls under the Statute of Frauds, which this one does not) You said you had a witness? Sue him in small claims court. I know it probably isn't worth the hassle from a monetary standpoint, BUT jerks like this need to be put through the wringer.
I take the bar exam in July, unfortunately I cant help you yet, but if I was already a lawyer I would gladly write the jerk a letter for you for free!
Thanks for the help :)
I already have two lawyers and can help me out if needed right now. I hate going to court and having to fight a ticket that wasn't my fault I've got a really bad taste in my mouth for judges. The officer made me at fault and the judge didn't even try listening to what I had to say and so I had to get a lawyer to tell the judge how it was. After almost a year the ticket was dropped and the other guy was found at fault for the accident, it is a really physically and emotionally draining experience that I personally never want to have to go through again.
cmy_bimmer
04-22-2009, 08:37 AM
Wow, that sucks. Well, as long as you stay cool and keep chill, then everything should go well. As soon as you start threatening him (as in, bring an officer or something), then he would back out and be more hesitant to give it to you.
I honestly think you should start over and talk to him as if it were your first time calling him. Tell him you'll pick it up in about 30 mins (or however far he is), and that you'll do all labor. Make it sound like you're giving him a deal. If he continue's to be a child, then get a cop friend (if you have one) to dress up and come with you to force him to give you bak YOUR muffler for F***'s sake!!! GOD, THIS MAKES ME FEEL SICK HOW THE MUFFLER IS YOURS AND HE'S NOT GIVING IT BACK!!!!!!
MrAbbs325is
04-22-2009, 10:06 AM
A verbal aggreement holds up in court as long as both parties agree to it, even without witnesses( since you have one, great!). Since he agreed, its a express contract. Even though no time was specified courts will see it as "reasonable amount of time". Since you agreed upon a price for the exhaust it now made it a option contract. Either way serve his ass a subpeona. You will get 400$ or your Borla back. The defendent always pays the court costs too when he loses. Really though, theres no way you could lose. If he's an ass any longer, file small claims. Dont threaten him though, that could arise in undue influence.
E36youngster
04-22-2009, 11:18 AM
well that just blows. is he in 'lanta? ive gota plasma cutter at the shop that can be in the back of my truck very quickly. also have a welder too. **** it, i'll bring it all down and swap the damn thing out in the street.
E36youngster
04-22-2009, 11:22 AM
Dude, I feel so bad and I give you props for at least trying to keep your promise to E36youngster. I like how thats the thing thats bugging you and not the fact that he basically stole your muffler. :thumbup:, we need more people like you :D
derek really is a great guy, always willing to help out.
if its too much trouble derek, dont sweat it. i wont hold the actions of other ignorant people against you :) let me pm you real quick..
bimmerbarbie
04-22-2009, 12:15 PM
A verbal aggreement holds up in court as long as both parties agree to it, even without witnesses( since you have one, great!). Since he agreed, its a express contract. Even though no time was specified courts will see it as "reasonable amount of time". Since you agreed upon a price for the exhaust it now made it a option contract. Either way serve his ass a subpeona. You will get 400$ or your Borla back. The defendent always pays the court costs too when he loses. Really though, theres no way you could lose. If he's an ass any longer, file small claims. Dont threaten him though, that could arise in undue influence.
+1 Verbal contracts ARE still contracts. Don't threaten the guy (I can't really see you doing that anyway) but you can make it clear that he is in fact breaking the law. At this point, were I you, I'd be wanting it back not only to stay true to my word, but because that guy needs a lesson in manners and integrity. Having the witness to the verbal agreement is definitely a plus... Maybe mention that fact and that you've already spoken to a lawyer about it next time he tries to give you the run around.
What a complete prick though. Your old E36 is wasted on such a loser, and I feel sorry for the car as well as both you and Youngster.
well the car was at her peak and I throughly enjoyed owning a E36 and definitely got my money's worth out of it. I wanted to make her a track car but the amount of abuse I wanted to put on her I don't think she would have lasted long. 194k is a lot of miles for any car, I know they can last a million miles but that is driving normally. I was wanting to turn her into a track car and I don't think she would have lasted. My next BMW will be a '99 E36 M3 and that will be my track rat, but I don't plan on getting another car for another 2-3 years.
btw, UPDATE! for what it is worth anyways: the guy just called me saying he was taking off the Borla and to call him when I'm on my way over with the M3 muffler. Not sure how true this is but we shall see. I'm going to have the guy I carpool with take his truck over there to do the swap (he is a big guy and puts me to shame at the gym). When the guy called he seemed pretty depressed about the swap, I'm almost wondering if he contacted his lawyer or something and was told what could happen. Guess we shall see what happens in a few hours from now.
E36 Phantom
04-22-2009, 12:54 PM
btw, UPDATE! for what it is worth anyways: the guy just called me saying he was taking off the Borla and to call him when I'm on my way over with the M3 muffler. Not sure how true this is but we shall see. I'm going to have the guy I carpool with take his truck over there to do the swap (he is a big guy and puts me to shame at the gym). When the guy called he seemed pretty depressed about the swap, I'm almost wondering if he contacted his lawyer or something and was told what could happen. Guess we shall see what happens in a few hours from now.
Awesome!!!! If he was lying an isn't really doing the swap, bring your friend and tools. :eeps: :angel:
I highly doubt someone that low-class and idiotic actually has a lawyer retained. And of course, he probably wouldn't spend $100 to talk to a lawyer for 15 minutes to find out what would happen. If it doesn't work, though, a letter from your attorney followed up with a court summons should scare the crap out of him. They will give you an opportunity to settle out of court and drop the proceedings, which I have a hunch he would do.
Fingers crossed he's being honest today!!!
MrAbbs325is
04-22-2009, 04:03 PM
+1 I would still want to scare the crap out of him with a letter from a lawyer or a subpoena. Anyway bring your BIG buddy holding a huge breaker bar....Im sure you will get somewhere
Progress
04-22-2009, 05:40 PM
Buy me a plane ticket, You will have a borla exhaust and what ever clothes he is wearing at the time.
MrAbbs325is
04-22-2009, 05:43 PM
Well if your going to rip his clothes off, make sure you handcuff him to the rim naked too...
Progress
04-22-2009, 05:46 PM
Well if your going to rip his clothes off, make sure you handcuff him to the rim naked too...
Nah i take my statement back. We will just send bombsquad to that guy's house, He will annoy the fudge out of him, and convince him to do a bunch of stupid mods. We would win in the end.
E36 Phantom
04-22-2009, 05:53 PM
Nah i take my statement back. We will just send bombsquad to that guy's house, He will annoy the fudge out of him, and convince him to do a bunch of stupid mods. We would win in the end.
:lmao:
Bahahahahahahahahaha!
Sounds like a plan.....:eeps:
MrAbbs325is
04-22-2009, 05:56 PM
BAHAHAHAHAHAHA..... fiberglass and crinkle paint a new muffler
bimmerbarbie
04-22-2009, 06:55 PM
Whoa whoa whoa! How did this go from Mike wanting to strip the guy and tie him up to talking about BS?! :confused:
well the Borla is now in my possession. He had a completely different attitude when I was there and kept going on and on and on about how awesome the car was and the fact he didn't have to do anything major to it, just change a bulb or two and a oil change. I think his friends were the reason why he was behaving the way he was yesterday. My mom wanted to go and when she talked to him she told him straight out how lucky he was to have that car for that price and he agreed and even shook our hands.
btw guys, if you want to see what he has done to it....
http://forums.bimmerforums.com/forum/showthread.php?t=1211682&highlight=328is
I liked it better the way I had it, but each to their own
E36youngster
04-22-2009, 07:29 PM
meh, dont like those wheels black.
but that is definitely good news :)
E36 Phantom
04-22-2009, 07:46 PM
Cool, glad you got it back.
The 79's look even more hideous (is that possible?!) in black than they do in silver. :yikes:
Sad that he went to BFc. Hope he doesn't ruin a perfect car (but I don't have much hope :(). I want to kill that guy that said he needs M mirrors. Ugh.
BTW, your pics are great. Hal did a f*cking gorgeous shot with those buildings in the back. Damn.
ya he did, I had him make some prints of those photos. It is his car now, nothing I can do about it. He put 20% on the windows and after taking the Borla off he said he is going free flow. He also put ebay clear corners on the front. He said he needed M mirrors? Why? *even bigger sigh*
E36 Phantom
04-22-2009, 08:09 PM
ya he did, I had him make some prints of those photos. It is his car now, nothing I can do about it. He put 20% on the windows and after taking the Borla off he said he is going free flow. He also put ebay clear corners on the front. He said he needed M mirrors? Why? *even bigger sigh*
Because he signed up at BFc instead of the fest. :(
I signed up at both when I got my E36, but had enough sense to see the people at BFc were royally f*cking up their cars.
Clear corners, good. eBay clear corners, bad.
Tints, good. 20% tints on a light silver car, bad.
Style 79s, bad. Black 79s, even worse. Those BBS 5-spokes.....:yikes: :eek:
Stock mirrors, good. M mirrors, bad even on an M.
I understand totally. I still wonder if Aimee looks "sexy" like Google thinks, or if she's been ruined. The kid who bought her drove an S-10 before her. :eek: But, he did know how to do his own work, hated Chris Bangle, and was named Chad....so hopefully it's still in good shape. Wish I could know, though.
cmy_bimmer
04-22-2009, 08:43 PM
What the hell are they smoking!!!
"I think it's a downgrade from a Type R integra to a 3 series" < This guy has problems.
well, Derek I truly am happy and relieved that you got your muffler back :thumbup:.
mksu19
04-22-2009, 09:15 PM
...Hope he doesn't ruin a perfect car (but I don't have much hope :()...
Well there is that guy there with 6 years experience in modding Bimmers. Maybe he'll help him install a Type "R" engine in it! :D
bimmerbarbie
04-22-2009, 10:23 PM
Ugh! I'm glad you got the Borla back, but omg that kid should be shot! He mutilated your car! Yes, I know, it's his now, but its still "your" car in my head. A part of me wishes he'd join the Fest just so we can verbally abus--er, correct him. Awful, but now she looks like a riced Accord to me.
the_brouhaha
04-22-2009, 10:38 PM
Wow bimmerforums looks like it sucks.
Bimmerfest is way better!
MrAbbs325is
04-23-2009, 09:37 AM
I agree.... I signed on both sites when I got my E36, made 1 post and got some stupid answers, never went back.
I actually joined bimmerforums first and was there for awhile reading about stuff and when I tried asking a question, I was always overlooked. So after that mess I joined bimmerfest a few months later, not sure how I came across this site. The people here are a lot more friendly and "most" are willing to help out when needed ;)
I'm still active on both forums to this day though, but I spend 90% of my time in the Georgia section on bimmerforums, there are some really cool people in there (they all hate Philip). The other 10% I spend in the group buys sections. I never venture into the E36 section anymore, I've learned my lesson too many times.
The other forum I'm a member of is www.clubbimmer.com where all we mostly do is make fun of Philip (who has strangely disappeared from BMW forums but is active on FB all the time).
vBulletin® v3.7.2, Copyright ©2000-2009, Jelsoft Enterprises Ltd.
