davidc81

iTrader: (23)

this kid is a complete dbag. i read the entire thread and i cannot believe he thinks he did nothing wrong. as far as he knows, he could have 440cc injectors in his car. i dont understand why you have to fix anything. at most you should pay the difference for larger injectors or pay the going rate for USED 440 injectors (because thats what he was expecting to get) and he would have to mail you the 330cc or 370cc or 440cc injectors he already has in his car. please keep us updated. i would not let them take advantage of you for $1025.

MMC Racing

iTrader: (5)

If someone advertises a kit and specifically calls out the 1 thing that isn't included (intercooler in this case), then the seller is advertising that he is selling everything else normally included in the kit. This includes the proper injectors. I think the seller is getting off way to easy in the court of public opinion.

I don't think the sales contract is made whole by subtracting $200 (because just maybe you can find a used kit on some forum for that) and sending the rest of the money back.

As to the seller saying it was sold "as-is", that doesn't fly either. If I sell someone a Ford and I send a Chevy with a Ford badge on it, I have not delivered what I represented. If I sold a Ford in "as-is" running condition and I deliver a Ford that won't start - I satisfied the contract.

SlideFox

The term "As-Is" does fly, within reason. If He advertised a Greddy TT kit, and sent an APS. Then that is false advertising. Which is illegal. When you buy a car from someone, it is sold "As-Is" unless stated otherwise. Again, commonsense has to be used.

At the most part, the buyer should pay a stupidity tax, and charge it to the shop that installed it. If they couldn't figure out what injectors they were, then they should be NOWHERE any car!!!!

MMC Racing

iTrader: (5)

In an online transaction where the buyer can not inspect the items prior to purchase, the burden is on the seller to properly describe what is for sale. This seller advertised a full kit minus an intercooler. Delivering anything but a full kit minus an intercooler was a breach of the contract. It is not fraud - more likely laziness. Also, if the seller had thoroughly inspected the kit and found a problem prior to listing, his sale price would have been reduced as the kit would have been even less complete.

Did the buyer do enough to contact the seller to resolve? That seems open to debate. If it was as difficult as the buyer represents, then a charge back is the next logical step.

SlideFox

Those are the risks people take when buying online. Also, the kit was a "complete" kit. The seller stated there were a couple of small nuts & bolts and a gasket or something missing. The kit did come with injectors, and to this day no one knows what size injectors they were. The seller purchased the kit used from someone else in the first place.

Buyer should have had the shop check the injectors before installing/tuning the kit. Doesn't give the buyer the right to do a charge back while still having said product in his possession. Then holding the money till he felt comfortable, and try to deduct for "repairs" after he posted in a public forum that he street races his TT G35 against a Ford GT.

Shame on the buyer, and his daddy!!

gr8scott_o

iTrader: (16)

So.... THAT'S what delusion looks like!

RPhillips is delusional. Apparently, it runs in the family.

I have encountered it a few times in my life, and every time it leaves me shaking my head in amazement.

Done Deal DR

iTrader: (5)

The thing is that this kit was used once, and had passed through 2 different people's hands before getting to the "buyer" (I put buyer in quotes because at this point he isn't a buyer, he is a criminal). Now I don't know about you, but if you were to buy a used turbo kit like this, with everything shown just being tossed in a box, would you not expect that you may have to dish out $200-$300 additional on something that either may not be there or may not be in proper condition? And the end result is that this kid was able to install the kit fine and it has been running fine for at least 6 months to 1 year from what I can gather reading the g35driver thread. Now he's trying to get the kit for less than 3 grand, absolutely UNBELIEVABLE.

Entaille

iTrader: (16)

well, at least the father is working with you. a douche move to try to offer you less then 3 grand and call it resolved. you cannot control what other folks say or do on the internet, so if you weren't the one threatening or defaming him I wouldn't worry about it in the slightest.

I would ask for a check for the full amount refunded, minus the cost they paid to get the proper injectors. if they were dumbasses and had to spend more money fiddling around on the install, that is not your problem.

kind of a shitty situation, I am sure part of me would be semi relieved to get back 3/4th of what I'm owed, and who knows how much time and energy you'll have to invest to get back that extra grand..

MMC Racing

iTrader: (5)

Missing bolts or clamps - sure. What if the turbos showed up and were still Greddy, but a lower capacity model. Would that still be ok? Of course not. Why would you apply different reasoning to injectors? How many people sold the kit before is irrelevant and lets the seller out of his responsibility to know what he is selling.

If the buyer had a better grasp of the English language, he would probably get more support. If you were in his situation and your choices were small claims court to recovery the money for the wrong injectors or charge back and payment and work out a settlement - what would use choose?

doug

iTrader: (5)

i can't believe you're trying to defend this dude..

So if you sold me your GTR for 50k and i took purchase of the car and found out you didn't include the speakers the car came with.. you put some other cheaper aftermarket speakers in the car.. that means i can keep the GTR and the 50k?

you guys are nuts if you justify this

MMC Racing

iTrader: (5)

I have never said keep the product and the money. You are nuts for making that assumption. Which also makes your little example pointless.

doug

iTrader: (5)

i appologize if you were not defending the actions of the kid

MMC Racing

iTrader: (5)

My opinion sways on too many unknowns. If the buyer really did his best to contact the seller to resolve the injector problem and the seller either ignored or was truely unreachable, then I would support the chargeback as long as his intentions were to eventually work out a compromise amount.

nomyth46

the injectors are a supporting mod to the turbos.........if the turbos were different or a different size that is another issue...............the injectors are a small piece to the puzzle that are not near as important as the turbos themselves...........but the kit that was sold to the kid had upgraded injectors....and if the the kids dyno results are true(highly doubted) but if they then those injectors has to be in the 400cc range because if they weren't he would not even got close to 400whp...... the injectors may not be the ones the kid wanted but if the kid wanted everything to be completely right with no questions or anything he should have bought a new kit and paid $7K but he paid 4K so be happy with the upgraded injectors he has

doug

iTrader: (5)

even in that situation its still wrong for the buyer to keep the full amount.. he should have either posted a public thread bringing attention to the seller... posted in the sellers other threads or contacted an Admin..

he did none of those, for that reason i can't justify him keeping the full amount of money, its clear that he wanted to keep the full amount of money.

the methods above are how i see alot of people getting resolution to their problems purchasing on the forum, wether its a problem with a part of the whole kit or the whole kit itself

MMC Racing

iTrader: (5)

This is not a legal argument. Do you think a Judge knows of injectors are a minor or major part of the kit? I think way too many here are making emotional arguments, not legal ones.

doug

iTrader: (5)

no judge in their right mind is going to let the kid keep the money over some mislabled injectors, its not like he didn't get injectors.. he is assuming he didn't get the right size. Any judge is going to take the difference in price of the 440cc vs 330cc and order the kid to pay the difference back to the seller.

What the kid did was stealing, he kept the money and he kept the kit.. he should be in jail, and for that amount of money its Grand Larceny.. they kid should have either returned the kit or found another avenue to get the difference of $150 (maybe) ..

cheshirecat79

iTrader: (9)

The buyer is a douchebag.

He can't send the money back because he needs to "get his information together" before he contacts the seller?

More like he spent the money he got back from paypal on other crap and he needs to open a new credit card to pay for the kit that he scammed.

Pretty awesome.

Cass007

iTrader: (34)

MMC you are making my head hurt trying to make any sense of your logic. ANYONE that buys a used turbo kit has to expect a few missing pieces (except the guy that bought mine - parts labled and individually wrapped cause I am awesome), just look at any install tread after the buyer bought used.



The buyer is attempting to steal $1000 from the seller of slightly smaller injectors after the buyer installed them, tuned on them and has raced his car with them... seriously WTF???

If the buyer was so concerned than how come he did not upgrade the injectors already? If daddy can afford an attorney, he can give junior a few hundo for some 440cc injectors .

This is just another example of a spoiled *** child thinking he can get away with BS and his daddy backing him up like a complete loser. The buyer may as well just sell his car, since he should be dragged from it and slapped silly if he ever attends another show or meet.

MMC Racing

iTrader: (5)

You seem hung up on this keeping the money point, but it isn't one I'm making.

The price difference in injectors is not sufficient because the 330cc's in this case are of no value. A Judge would order the seller to produce the correct injectors or pay the retail value of new ones. The Judge would order the 330cc's returned to the seller. And of course the Judge would order the original payment made to the seller.

If the kid brings a lawyer and lets him do the talking, this is exactly how it would go down. If the kid goes alone and speaks like he types, he'll be ordered to pay the full amount with interest and a potential penalty with no compensation for the injectors.