need some advice... i sold a set of used wheels, and...

emi323i · #1 (**permalink**) 05-10-2003, 11:25 AM

now, 3 months later, the seller contacted me and says one of the wheels is bent, and requested that i pay for fixing it.

here's the whole story: i had a set of used 18" hm2 off my e46 sedan, which i sold to this person, through the boards. everything was cool, payment, shipping, etc. I made sure the wheels were very wheel protected when I shipped them and all that.

some of the wheels were refinished... the lip had some minor scratches that I took care of while I owned them. none of the wheels had any visible damage, bends, or anything like that... I would say they were in very good condition, short of being brand new.

This morning I received a call from the buyer (it's been 3 months), claiming that one of the wheels has a slight bend in it, and that it must be fixed in order to be used. Apparently, it is not easily visible, but when placed on the balacing machine ... something happens... don't know what for sure.

the conversation got a little heated, at some point, the word "lawyers" came up, which put me on the defensive, not that it scared me ot anything... the guy said he hasn't put the wheels on until now, and he also didn't notice anything; however, a short time after he received the wheels, he inquired about the lug nuts that I should've sent him (which i forgot about), because he really wanted to put the wheels on.

here's some other fact about this deal:

1) I never had any issues with the wheels
2) the HM2 is a very strong wheel, weighing 25 lbs or so.
3) the "dent" is on the inside of the wheel
4) if I didn't have any issues, why should he.
5) ppl at tire shops are morons, I wouldn't be surprised if they didn't know how to balance a wide wheel/tire
6) how do I know he didn't use the wheel, raced it 5 times, ran 3 sets of tires, and hit every pothole in the state
7) He should've checked the wheels when he got them, so we don't end up in this situation.
8)

Since I don't want to be an asshole, and since there's a chance that the dent was there he got them from me, I told him to lay off the lawyer talk, chil, and find out what it's gonna cost to fix it, and give me a call back on monday. Perhaps we can work somthing out. I didn't promise anything, but i left the issue open. So i have a few options for monday:

1) deny any responsibility
2) accept responsibility, pay for fixing the wheel
3) cover some of the cost of fixing the wheel.

Can you guys offer some advice.... thanks. I'm really trying to solve this in a very civilized manner with him.

Magnus · #2 (**permalink**) 05-10-2003, 11:48 AM

You are not in the business of selling wheels....
If you were in the business you would have a 7-14 day return policy. And, you would have a 30 day return policy if something was wrong with the product. Also, you would have a warrantee for 90days to a year against any defects in the merchandise.

Which leads me to my first statement. You are not in the business of selling wheels....

If the buyer did his job and inspected the wheels as soon as he got them, then there would be no debate. If he opened the box and saw that they were bent, you should pay. Obviously this is not the case.

Don't feel bad about it, it's just your proper upbringing and undeserved guilt messing with your head. I own lots of things that should have been returned but failed to inspect in a timely manner. I even have $150 in new parts that belong to another BMW, it's been sitting here for 5 months. I can't start crying and asking for my money back now.

Tell the buyer you will reply to him in 3 months.

Mpowered · #3 (**permalink**) 05-10-2003, 12:16 PM

When the seller sent my my wing and part of it was cracked in half, i sent the broken one back to him and we split the repair price. have him send the wheel back to you so you can take a look at it and make sure he isnt ripping you off.

then tell him u wnat to split the charge.

Kron doja · #4 (**permalink**) 05-10-2003, 12:26 PM

You dont owe this guy shit.
First of all used things are always sold as-is unless a warranty is specified. Mail order gets a little tricky with this because you cant see the condition, but 3 months?
If you sold him just the rims, why didnt he contact you the first time he mounted tires to tell you one was bent?
There is no way in hell he can prove it was bent, so tell him to get a lawyer, a lawyer probably wont even talk to him, this is small claims court shit and youd win that anyway.
Youre not being a dick, you just dont want to get taken advantage of.

STAGER328 · #5 (**permalink**) 05-10-2003, 12:44 PM

Quote:

Originally posted by Kron doja
You dont owe this guy shit.
First of all used things are always sold as-is unless a warranty is specified. Mail order gets a little tricky with this because you cant see the condition, but 3 months?
If you sold him just the rims, why didnt he contact you the first time he mounted tires to tell you one was bent?
There is no way in hell he can prove it was bent, so tell him to get a lawyer, a lawyer probably wont even talk to him, this is small claims court shit and youd win that anyway.
Youre not being a dick, you just dont want to get taken advantage of.

Word. Listen to this guy.

EDIT: Also, he is just trying to scare you with all of that lawyer talk. It usually works because it makes the seller more inclined to work something out with the buyer. Don't be fooled. We are behind you on this

BanginBeema · #6 (**permalink**) 05-10-2003, 06:01 PM

I SAY

YOU OWE HIM 0000000000

about the lawyers LOL

It was 3 months ago he probably screwed up a rim i say tell em to stop

also get back to him in 3 months!!

J Clark · #7 (**permalink**) 05-10-2003, 06:09 PM

you dont owe nuthin. its good to know that there are some sellers out there that try to take care of their buyers though.

emi323i · #8 (**permalink**) 05-10-2003, 07:15 PM

cool, thanks a lot guys...

actually, i talked to him again, and apparently 2.... yes, 2... of the wheels are bent... and the whole deal happened, not 3 months ago, but, about 6 months ago... some time late last year.

Mpowered · #9 (**permalink**) 05-10-2003, 07:55 PM

Quote:

Originally posted by emi323i
cool, thanks a lot guys...

actually, i talked to him again, and apparently 2.... yes, 2... of the wheels are bent... and the whole deal happened, not 3 months ago, but, about 6 months ago... some time late last year.

okay, tell him that you cant be held responsible for the rims in 6 months. even professional stores only have a 90 day warranty, after that its his fault... there is no excuse for this.

what is the guys name?

r6e36 · #10 (**permalink**) 05-10-2003, 11:14 PM

Six month ago? I bet he had an accident with those wheels and he is trying to get some monet out of you. I'd just ignore him.

Johnny Tran · #11 (**permalink**) 05-11-2003, 01:40 AM

Quote:

Originally posted by emi323i
cool, thanks a lot guys...

actually, i talked to him again, and apparently 2.... yes, 2... of the wheels are bent... and the whole deal happened, not 3 months ago, but, about 6 months ago... some time late last year.

ok wait, u sold him the rimz 3 monthes ago, but he bent them 6 months ago? wtf?

anyways heres what u do. fuk this bitch.

1. he shoulda check da rimz when he first got em

2. i have hm2s also. i bent 1 of em pretty badly. i can feel the steering wheel rattle. but its still prefectly safe to drive on. he doesnt NEED to get it fixed, especially if it's on the inside since its out of view.

3. that lawyer talk is bullshit. his bullshitting, he didnt contact any lawyer and he wont. his just trying to threaten u.

4. even if he did contact a lawyer(which he didnt). the lawyer wont care and wont waste his time with this petty bullshit(trust me, first hand experience). this is small claims court type of shit.

the next time this faggot calls. this is exactly what u need to say "fuk u cunt" and then hang up.