[nhhiep]

nope. nothing you can do legally. Turbo on this engine has bad history. I am not surprised if it dies at 30k miles. I am looking to buy a e93 now and avoid 335 engine.

[Nickco43]

This reminds me to add "If you don't see a receipt then it was not done" to the buyers guide. Assuming you paid sub 10k for the car it is not worth it IMO to go after the guy. Go have the car checked for boost leaks. Then buy a tuner with the feature to mask the rattle.

[TheMidnightNarwhal]

Originally Posted by msjt

I hope you know that even brand new turbos rattle. It's a design flaw and does not necessarily mean that the seller lied.

I was wondering for rattle.

If you have rattle does it mean you are losing boost over time and one day no boost?


I thought once rattle came in nothing you can do and replace turbo? Can you have rattle and have a perfectly functioning turbo?

[TheMidnightNarwhal]

Originally Posted by nhhiep

nope. nothing you can do legally. Turbo on this engine has bad history. I am not surprised if it dies at 30k miles. I am looking to buy a e93 now and avoid 335 engine.

Are the turbo THAT bad? Are they not Mitshubishi turbos, shouldn't they be good?

Did I shoot myself in the foot buying a 335is? I thought they went bad at like 130k miles+

[8thgenE92]

I know my friend had a 335i and had his turbos replaces by a dealership. A few months down the road he had to get it replaced again and by that time it wasn't under warranty. He fixed it and sold the car right after lol . This was when I was trying to decide to get a 328i or 335i, had about a week with my rental car when my previous car got totaled. Ended up passing on the 335i because of the problems my friend had on his car. I do regret not getting a 335 to be honest lol

[wren57]

The people saying you have no remedy are clearly not attorneys.

I am one.

If you relied on a lie in the purchase, and can prove the misrepresentation, you have a claim for fraudulent inducement.

[nhhiep]

Originally Posted by TheMidnightNarwhal

Are the turbo THAT bad? Are they not Mitshubishi turbos, shouldn't they be good?

Did I shoot myself in the foot buying a 335is? I thought they went bad at like 130k miles+

at 130k? you're so lucky. yep, I am so anti-BMW-Turbo. it's a $4-5k+ service.

[TheMidnightNarwhal]

Originally Posted by nhhiep

at 130k? you're so lucky. yep, I am so anti-BMW-Turbo. it's a $4-5k+ service.

I mean I just bought the car with 56k miles so I'm just wondering when I should be expecting turbo issues.

[John 070]

The thing we have to be careful about, is, what if the seller did not lie? Is he still obligated to justify a sale he made however long ago? It's another story if say the car died on the way home from the purchase.

When I was a young lad, I got totally ripped off in a sale, so I sued the guy. Was some old guy taking advantage of me, likely in his mid 30's lol

I sued, and lost. Was a valuable lesson. I ended up paying a salvage yard $900 for a motor/tranny, used, and was able to drive the car for 8 years.

[9krpmrx8]

Well if he did not lie then there is no discussion. But if he did lie, and that can be proved (which seems pretty easy in this case), then he surely has a claim, especially in small claims court. Now if the guy loses, he could appeal and get it kicked to a district court and then it could get complicated, but I doubt the guy lying is going to want to pay and attorney to represent him. But you never know.

[nhhiep]

Originally Posted by TheMidnightNarwhal

I mean I just bought the car with 56k miles so I'm just wondering when I should be expecting turbo issues.

anytime. Just set $5k aside for it.

[John 070]

Originally Posted by 9krpmrx8

Well if he did not lie then there is no discussion. But if he did lie, and that can be proved (which seems pretty easy in this case), then he surely has a claim, especially in small claims court. Now if the guy loses, he could appeal and get it kicked to a district court and then it could get complicated, but I doubt the guy lying is going to want to pay and attorney to represent him. But you never know.

See, this is what I thought. Did you know justices don't even have law degrees in small claims? It's a sitcom.

One, you can't win. Secondly if you do? Unlikely you'll ever see the money. Because I have also won in small claims, and not been paid (if you do get the money the actor has to pay the sheriff's fees, but if sheriff can't collect, you've just added more fees to your loss).

[TheMidnightNarwhal]

Originally Posted by nhhiep

anytime. Just set $5k aside for it.

Man only have 1.5K for either water pump, HPFP or injector failure atm.

[BimmerNugget]

Why didn't you at least ask for paper work showing that the turbos were replaced? You're silly for just believing the guy and whatever came out of his mouth. I would've definitely gotten receipts of the turbo replacement before I forked over my money.

To be honest, I think you're out of luck. I mean sure, you can take him to small claims court but I don't think you have enough to prove your case. It's just your word against his.

Hopefully it's just a turbo rattle and not busted turbos.

[9krpmrx8]

Originally Posted by John 070

See, this is what I thought. Did you know justices don't even have law degrees in small claims? It's a sitcom.

One, you can't win. Secondly if you do? Unlikely you'll ever see the money. Because I have also won in small claims, and not been paid (if you do get the money the actor has to pay the sheriff's fees, but if sheriff can't collect, you've just added more fees to your loss).

I used to do asset recovery for a living and I have had plenty of success with the JP courts. I also use it at times in trying to collect outstanding balances owed to our clinics. But it depends, it's not always worth it if it does get send to DC when dealing with smaller sums.

[tcphoto]

You didn't ask for receipts and do a PPI? I would have at least gotten under the car and verify his claims and looked for the usual leaks before offering anything on a private party transaction. Now that you're in this mess, I would get to a BMW dealer and ask some serious questions about the work that's been done on the car. They will probably hesitate giving you much information since they claim it's proprietary information.

I would go the Small Claims route as a last resort but it may scare the seller into doing something whether it's covering the repair or refunding the purchase price. Either way, you have to bear some of the blame for not doing your homework. Thankfully, you have a witness and hopefully BMW will share the cars history with you.

[Efthreeoh]

Originally Posted by wren57

The people saying you have no remedy are clearly not attorneys.

I am one.

If you relied on a lie in the purchase, and can prove the misrepresentation, you have a claim for fraudulent inducement.

How does the OP prove the misrepresentation? He did not verify the veracity of the PO's statements, he took them on good faith. If the PO provided documents that showed the turbos were replaced and the documents can be shown to be fraudulent, then he may have a basis. It sounds like the OP has no such documentation.

[e90yyc]

Yeah I don't know what the people saying you have no remedies here are on about. Wren57 is correct.

Certainly, it may end up being a thorn in your balls to pursue legal action. Depending on what your time is worth to you, it might not be worth it. But if I was you, I would file.

Yes, laws vary by state, province, etc. But speaking for the jurisdiction in which I reside, while private party automotive sales are always "as-is," that doesn't indemnify the seller against being held liable for material misrepresentations, which IMO, he undoubtedly made.

If you have evidence that clearly shows he lied--and it sounds like you do--then like wren57 suggested, legal remedies do exist. You will also need to present evidence that indeed, the turbos were NOT replaced.

The whole point of SCC is that you do not (necessarily) need an attorney, and the process is simpler than if you brought a case to higher levels of course. Like any other civil action, the burden of proof is balance of probabilities, rather than beyond a reasonable doubt. Put simply, if the judge who hears your case is satisfied (51%) that the seller willfully misrepresented the goods, then the case should be ruled in your favor.

It doesn't do any good to rail on the OP about not getting receipts. Time to focus on solutions.

Good luck

[e90yyc]

Originally Posted by Efthreeoh

How does the OP prove the misrepresentation? He did not verify the veracity of the PO's statements, he took them on good faith. If the PO provided documents that showed the turbos were replaced and the documents can be shown to be fraudulent, then he may have a basis. It sounds like the OP has no such documentation.

If he can produce evidence to a judge's satisfaction that shows the seller willfully misrepresented the vehicle (in this case, correspondence), and that he (buyer) would not have entered into the transaction had that misrepresentation not been made, then where I live, that is sufficient. It's not beyond a reasonable doubt here. He has a shot.

If it was only verbal, then yes, he is 99.99% screwed.

[Efthreeoh]

Originally Posted by e90yyc

Yeah I don't know what the people saying you have no remedies here are on about. Wren57 is correct.

Certainly, it may end up being a thorn in your balls to pursue legal action. Depending on what your time is worth to you, it might not be worth it. But if I was you, I would file.

Yes, laws vary by state, province, etc. But speaking for the jurisdiction in which I reside, while private party automotive sales are always "as-is," that doesn't indemnify the seller against being held liable for material misrepresentations, which IMO, he undoubtedly made.

If you have evidence that clearly shows he lied--and it sounds like you do--then like wren57 suggested, legal remedies do exist. You will also need to present evidence that indeed, the turbos were NOT replaced.

The whole point of SCC is that you do not (necessarily) need an attorney, and the process is simpler than if you brought a case to higher levels of course. Like any other civil action, the burden of proof is balance of probabilities, rather than beyond a reasonable doubt. Put simply, if the judge who hears your case is satisfied (51%) that the seller willfully misrepresented the goods, then the case should be ruled in your favor.

It doesn't do any good to rail on the OP about not getting receipts. Time to focus on solutions.

Good luck

Some people are offering realistic advice. The OP says he has texts he says that show the PO lied about the turbo replacements. No receipts as proof the PO had the turbos replaced by BMW under warranty. If the OP can get the maintenance history from BMW it will be sketchy at best because BMW will not provide vehicle maintenance history with the owner's name and address on the documents. I've gotten maintenance history from BMW on my Z4 and asked for it with the PO's name/address redacted; if the dealer will give it to you, redacted is the only way they will provide it.

If the OP goes to court, he'll have to have either testimony from the dealership that the turbos were not replaced, or certified documents indicating the service activity of his car, as provided by BMW, that show the turbos were not replaced. BMW, neither at the NA level nor at the dealership are going to get in the middle of a lawsuit between two parties.

[John 070]

Based on this thread, wouldn't it be a good bet to never sell a car privately? Because the buyer can come after you at any point and beat the living **** out of you? lol

Maybe that's why people trade cars in for much less $$$.

If I ever sell a car, the bill of sale will state "as is." Think about it, we don't even know what potentially could break on our own cars. How are we supposed to predict the future for someone buying it?

[wren57]

Originally Posted by John 070

Based on this thread, wouldn't it be a good bet to never sell a car privately? Because the buyer can come after you at any point and beat the living **** out of you? lol

Maybe that's why people trade cars in for much less $$$.

If I ever sell a car, the bill of sale will state "as is." Think about it, we don't even know what potentially could break on our own cars. How are we supposed to predict the future for someone buying it?

Don't lie and you'll be fine.