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      12-28-2016, 09:06 PM   #67
swalsh2333
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I don't know any of these guys and I'm not typically litigious but if it was me at this point I would file a claim in small claims court. If it is in writing that there were no cracks (not "I don't think so" or "I'm not sure", etc.) and there were indeed cracks a judge is going to rule in the favor of a plaintiff especially if the cracks weren't easily visible. (I think the buyer had to wire brush it to see the cracks) The seller has an obligation to investigate questions, validate answers and stand behind the claim(s) he is making. A seller doesn't have a legal right to make claims and then say sorry "Buyer Beware". If there were no claims made, it is the responsibility of the buyer to vet the quality outside of any claims. What the seller should have said that he "wasn't aware of any cracks" which then makes it the buyers responsibility to vet. Sellers (& buyers) think it's always "buyer beware" which is usually the case because oral claims can't usually be proved because they are oral and not in writing. It doesn't mean they say anything they choose.

The argument of just fix it, keep it and enjoy it is weak. Unless you don't have any regard for hard earned money, I'm sure most of us buy these toys knowing that at some point we'll recoup 50%-60% of our toy spend when we part out our cars. It allows us to justify spending $3k on an exhaust. In 2-3 years from now he's not going to get his $1,500-$1,800 for this damaged exhaust. Also, every time he looks at his car/exhaust he's going to think how he got jacked. Pay $3k to feel like shit. No thanks.
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      12-29-2016, 01:32 AM   #68
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Quote:
Originally Posted by omer View Post
Quote:
Originally Posted by f80er View Post
I agree, but according to Luis C isn't happening so I am left with A or B.
I think he should give you $500 back so you can fix it since he's not returning it.
Why would he give $500? Luis drove to him. And luis got a quote from max psi to fix the exhaust for $200. Why would luis shell out another $300? Now it seems you're trying to scam luis? Luis did not know it was cracked, but since we are all enthusiast here, we're well aware of the cracking problem. Key word, is problem. If he is offering to make ends meat and pay the amount to fix it, which is $200 then that should be the end of it, instead of every forum member trying to dissect every square inch of this. I'm not playing anyone's sides. But I'm this situation I will vouch for luis, as I have bought parts from him in the past. Accept the price to fix it, and enjoy your new and Better than oem exhaust. Simple.
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      12-29-2016, 05:28 AM   #69
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Quote:
Originally Posted by swalsh2333 View Post
I don't know any of these guys and I'm not typically litigious but if it was me at this point I would file a claim in small claims court. If it is in writing that there were no cracks (not "I don't think so" or "I'm not sure", etc.) and there were indeed cracks a judge is going to rule in the favor of a plaintiff especially if the cracks weren't easily visible. (I think the buyer had to wire brush it to see the cracks) The seller has an obligation to investigate questions, validate answers and stand behind the claim(s) he is making. A seller doesn't have a legal right to make claims and then say sorry "Buyer Beware". If there were no claims made, it is the responsibility of the buyer to vet the quality outside of any claims. What the seller should have said that he "wasn't aware of any cracks" which then makes it the buyers responsibility to vet. Sellers (& buyers) think it's always "buyer beware" which is usually the case because oral claims can't usually be proved because they are oral and not in writing. It doesn't mean they say anything they choose.

The argument of just fix it, keep it and enjoy it is weak. Unless you don't have any regard for hard earned money, I'm sure most of us buy these toys knowing that at some point we'll recoup 50%-60% of our toy spend when we part out our cars. It allows us to justify spending $3k on an exhaust. In 2-3 years from now he's not going to get his $1,500-$1,800 for this damaged exhaust. Also, every time he looks at his car/exhaust he's going to think how he got jacked. Pay $3k to feel like shit. No thanks.
Yep, said this days ago, small claims.
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      12-29-2016, 05:33 AM   #70
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Quote:
Originally Posted by E90bedi View Post
Why would he give $500? Luis drove to him. And luis got a quote from max psi to fix the exhaust for $200. Why would luis shell out another $300? Now it seems you're trying to scam luis? Luis did not know it was cracked, but since we are all enthusiast here, we're well aware of the cracking problem. Key word, is problem. If he is offering to make ends meat and pay the amount to fix it, which is $200 then that should be the end of it, instead of every forum member trying to dissect every square inch of this. I'm not playing anyone's sides. But I'm this situation I will vouch for luis, as I have bought parts from him in the past. Accept the price to fix it, and enjoy your new and Better than oem exhaust. Simple.
I think your missing the point, everyone's awareness of the problem is not at issue. The point is that OP was specifically aware of the specific problem in a specific location and when asked if this specific exhaust contained that specific issue either failed to properly inspect or did not inspect at all and made false representations that the buyer ultimately relied on. This is open and closed in small claims court.

I'd stick up for my buddy too, and honestly Luis might very well be a good dude, if that's the case what is the problem here? Is he hurting this much for the $3k? Just refund it, repair your reputation and move on. If Buyer takes his to small claims it will be a much bigger pain in the ass for Luis than to simply take it back have it fixed and sell again.
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      12-29-2016, 05:46 AM   #71
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Originally Posted by f80er View Post
I agree, but according to Luis C isn't happening so I am left with A or B. Luis if you are really not going to take it back and give me money back (thus making us both whole again) then you need to come up with more cash to make this right. $200 is the absolute least you can do to not come across as a complete crook.

http://www.courts.state.md.us/legalhelp/smallclaims.html

F80er - start looking into this, then google "default judgment" (in the event Luis doesn't show up). Seems like you're spinning your wheels trying to work with him, you have plenty of evidence, go get the work done and get your money back in court. Good luck.
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      12-29-2016, 06:03 AM   #72
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Take him to small claims like everyone is saying. He'll learn that playing dumb doesnt work in the adult world.

Start it as soon as possible.
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      12-29-2016, 10:15 AM   #73
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Tons of witnesses here who can verify what happened too
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      12-29-2016, 10:50 AM   #74
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Im wondering why I'm still subscribed to this thread? Morbid curiosity maybe. Drama drama drama. I guess this is an American forum after all. Take the $200 and get it fixed. Enough with the BS.
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      12-29-2016, 01:08 PM   #75
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what did you end up getting for this? just curious on the going rate for a used exhaust
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      12-29-2016, 01:29 PM   #76
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Update: Luis and I came to an agreement that is satisfactory to both of us. I am keeping the exhaust and will have it repaired, but according to Max PSi their fabrication department is closed for a month so will look for someone locally. Will start a thread once its repaired so that everyone can see what it takes to fix an MPE.

At the very least this thread will document the life of the exhaust if and when I decide to sell it.
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      12-29-2016, 01:50 PM   #77
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Quote:
Originally Posted by f80er View Post
Update: Luis and I came to an agreement that is satisfactory to both of us. I am keeping the exhaust and will have it repaired, but according to Max PSi their fabrication department is closed for a month so will look for someone locally. Will start a thread once its repaired so that everyone can see what it takes to fix an MPE.

At the very least this thread will document the life of the exhaust if and when I decide to sell it.
Excellent!
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      12-29-2016, 03:15 PM   #78
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Quote:
Originally Posted by f80er View Post
Update: Luis and I came to an agreement that is satisfactory to both of us. I am keeping the exhaust and will have it repaired, but according to Max PSi their fabrication department is closed for a month so will look for someone locally. Will start a thread once its repaired so that everyone can see what it takes to fix an MPE.

At the very least this thread will document the life of the exhaust if and when I decide to sell it.
Glad to hear it. As I said, he's a fair individual, and was genuinely unaware of the damage. Hope all goes well.
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      12-29-2016, 05:05 PM   #79
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I was wondering why this thread was so long as has been at the top for days.

I'm glad I decided to click it today and find out why.
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      01-09-2017, 04:00 PM   #80
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Wow. He should be ban for scamming. No wonder he was asking $1 a mile for delivery initially. When everybody was commenting about the delivery, lol his same friend defended his delivery fees. What a douche. If it was me i will ask a full refund and go all out.
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      01-27-2017, 11:28 PM   #81
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I'm on f80er's side. Things like this happen. Just don't be a nice guy about this, some people don't deserve your good personality.

Don't just let this go. Fight for the justice.
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