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The way the referee would view this would be "professional" = somebody that does phone repairs for a living - so unless you can show that (and you don't seem to be able to) then I would say that's a fairly substantive misrepresentation of fact (which is what the law looks at). I stand by what I've said ... your intentions to scam or otherwise is bit irrelevant on the point of misrepresentation - Courts and tribunals look at FACTS ... the fact of the matter is you've sold and described a phone that was mint and excellent and refurbished by someone that does phone repairs for a living and the phone is represented thus as trouble free (reasonable persons test) which it obviously isn't when it turned up and used for a short duration. Of course they might not award him a refund, it could just be a repair cost (which he'd have to show) to put 'right the wrong' so to speak (putting the purchaser in a position he or she would have been had the misrepresentation not existed). But as I said, not everyone go through with their threats, so you do have a couple of options from here.

After having done a few track days in my E34 V12 Touring, i have decided that its about time that i start to build a proper racecar for events around the place Things i have learnt using the V12 car - RWD is fun - Auto is not - Suspension setup is important on the track - V12s cost WAY too much when you abuse them - and fuel to tow said 1880kg E34 + Trailer is too much. So in the month or so that followed, I decided that it was time to build a little race car on a budget and get into some more events, before i decide to get more serious still. so i set some goals during the build, 1/ Must be as close to 1000kg as possible - so i dont need another tow wagon, and can use my V12 E34 2/ Must be 5 stud, and capable of running low offset wheels, so i can share wheels with other BMWs 3/ Budget is $2k starting from absolutely nothing, read, that includes purchase of car and any mods. Sales of useless parts can reinstall budget $$ 4/ Preferably Calypsot Red to match the rest of my cars, and that its my favourite colour At the time i had a little white E30 316i Manual sitting here, which was tempting (and i brought it for very little), but then decided that it was going to take a good chunk of the budget to convert it to 5 stud, albiet cheaper than buying a second set of wheels and tyres. and i would still have a 1600cc in the front of it. a good wee engine in its own right, but if im going to get a bit more serious about racing that will never do and im sure i would loose interest. about a week or so later, the company i work for moved to a new premesis. On the day we moved there and I had a look around and out the back, my eyes lit up. out in the yard at the back sitting against a wall was a E36 318ti in calypsot red, and a single axle car trailer, amoungst some other stuff Seeing as we needed the yard, it needed to be cleared. most of it just scrap crap, but anyways, made a deal with the owner, and ended up taking the Compact and the Trailer home for $100. yes. $100, not $1000. Yes, both trailer and the car were deregistered due to age, and the E36 wouldnt start. But its still a deal by anyones standards. $100 down, $1900 to go That photo is back at home, but to get the compact home I loaded it onto the trailer, and quickly discovered that single axle trailer on little biscuit 13" 155 tyres just wasnt going to work. I live about 2 minutes from work, so a slow drive of about 5 with one very sketchy loaded trailer. Thought briefly about converting the trailer to dual axle and puttine bigger tyres on it etc, but then i sold it for $850 so i walked away happy. $850 up, $2750 to go So there it sat for a wee while. deciding what i wanted to do with it and make a plan. Decided that for a start, I had better get the car running again for a start, whatever was going to happen to it. Spent an afternoon on it, and traced it to water in the DME, a fairly common issue on the E36, they are put in a very vulnerable place on this model, on the firewall, access from the engine bay. Water gets inside from the windscreen and its all over. That was most likely why the car was parked up i guess. Pulled that out along with the other bits that make up the EWS system, and put a new set in that i had lying around from a 318iS i wrecked years ago, put the freshly charged battery back in, and away it went on the 5 year old petrol, so took it for a little drive. Seemed to run pretty well for a car been sitting that long. getting it running may have been a bad thing though.... i very quickly realised the M42 wasnt going to cut the mustard. I then thought back to a E36 318i manual i had at one point, and yep decided it was going to have to have something in the engine department too. Realistically.... there was only one thing to do... lol and a few days later it was sold (I then found out from a friend on here that you can remove the nose off an E36 just like E32 and E34. That will save some time next time, and make it on a lot less sketchy angel!!) $350 up, $3100 to go.. and had a chassis! Time to start looking for an engine. With a reasonable bit of money in the bank, its tempting to then use that good luck and go and get a really good engine. I decided however that engines are easier to swap out and sell later down the line than suspension is, so i want to spend the extra on the suspension later. So i brought this M50TUB25, it is from an E34. usually buy whole cars for the price, but i did a guy a favour buying it, he just needed it gone, and the saved time having to pull one out, i can get on with other things. My little boy Ty also approves as you can see! $500 down, $2600 to go The hunt started to find all the E36 bits to convert this engine to fit an E36. Got a few offers to swap my E34 bits for E36 bits. But im not stupid, i know what E34 M50 bits are worth. Ended up deciding it was easier to do what i should have done in the first place, and buy an E36 engine and then shortly after sold the E34 engine off. $500 down, $850 up $2950 to go... and i now have an engine and a car, and three transmissions to sell, anyone for a Jatco LOL. the $2k budget is looking very good at the moment! And then, last night, decided it was time to start prepping this engine to go in the hole, because i have heaps of brand new parts here from when i last did a Pelican order (i basically just fill the box, why wouldnt you when shipping is the same and its so cheap!!) Replaced water pump, thermostat, and changed the thermostat housing to a metal type one that I have sitting here, will also do the sump gasket, check the oil pump nut is nice and snug, and change rear main seal before the engine goes into the hole, so i dont have to do it later, can be a bit of a pain doing it with engine in place, so might as well do them all now. Hold me to it if i dont say i did it!!! I then pushed the 750iL out of the garage that I am currently wrecking as that is pretty much stripped now, and the compact came back inside. Still to find a suitable manual swap for this, have a few leads, prices all too high, people think thier stuff is worth too much, most are asking same or more than i can buy a whole donor E36 for. Maybe i need to start spending money instead of making it though lol. More updates to come!

Welcome! Yay another e36/r32 owner!!

Is the reg lapsed or is it dereged? If dereged you don't have to do anything, if lapsed you are liable for unpaid reg to date of sale and need to do a change of ownership.

For what its worth, last year my flatmate had a WRX and i had a e46 328cia. We found that they would use roughly the same amount of fuel on average despite me having 200kgs and 800ccs on him. His could use less fuel if he kept off that turbo though.

M30 also known for cracking heads eventually,mine did and i looked after it well

The top of the steering wheel is a bit ott. Quite like the rest of it. Copper and tarnished copper is a nice finish, for anything. Pretty good job really.

Doesnt matter really. Prob whats better on track but if ones heaps cheaper thats prob gonna make the difference.

I cant be bothered TBH, just sent him another email saying ill refund his money $300 when he sends me the phone. No point wasting time over something like this. Will either try to diagnose the problem PROPERLY or just sell it as is on trademe saying "faulty iphone". There seems to be a lot of self-made iphone repairers that buy these for cheap and sell for crazy prices.

Clown shoes are awesome. Huge plus points for being far more uncommon then most other M cars. Would own in a heartbeat, but not that them dollars!

haha yeah I've been lazy with precautions I must admit. The reality is these DMEs are built fairly robust (they have to given the condition they reside in in the car). At least my soldering iron is anti static hehe!! Will get a mat definitely if I am bench flashing for anyone - the MSS54 is a bit of a test bench to see how far I can take things with it - I even managed to brick the DME using WINKFP doing something odd ... luckily I was able to recover with the BDM. Goes to show that flashing over OBD is risky ... very risky!! Happy to report I've learnt a good deal about these DMEs recently and have been able to figure out more stuff than what's posted online. I can basically clone any DMEs now and zero out the AIF(UIF) and flash counters all together .. change VIN ... or as I am about to test soon, virginise a DME (doesn't seem that difficult actually).

That's my thinking too. I bought new tyres for the rear less than a month ago so rears don't need doing. What? Last time I had discs skimmed it cost around $40. Genuine new discs are $500. Aftermarket around $200.

In my layperson opinion you'd lose at the tribunal. The following things will definitely go against you due to the way you've advertised it: #Mint# Refurbished professionally Excellent condition Unless of course if you can show proof like an invoice from the professional outlet that carried out all the work and tested that the phone was "Mint" when it left you. Whilst Caveat Emptor applies in majority cases, it doesn't cover you if you've misrepresented - the referee is going to say you said it was mint, in excellent condition and refurbished professionally, this gives the representation that this is a trouble free phone, yet upon the purchaser receiving it for one day it started to display symptoms of faults. The referee is also going to say what proof you have to show it was refurbished professionally? And if you can't show it, then basically slam dunk for the other party. Also be aware that DT can aware costs associated with the claim - i.e. you could be out of pocket more than the $300 if it goes again you. Good luck.

Did you sell it by AUCTION??? The CGA does NOT apply to goods sold by auction, as says so very specifically - ever notice why repo cars are auction only? It DOES, however, apply to used goods. Wait for disputes papers.

Does Invergiggle have an Authorized Apple Service Center? Get him to take the phone there if they do. Telecom are NOT authorized repair agents for Apple products (they can send the phone to one, but they are not one themselves).

Ladies love a man with a mint lawn.

just quickly accelerate from 79km to 101km and set cruise control. problem solved! haha but really, thrust arms are worth doing regardless and might as well get all 4 wheels balanced instead of just front 2

Say to him, "see you in court"....he can't win.

Haha too well engineered! Slider sounds like a good idea. Works for ice road trucker guys haha

Dynoed. 268kw / 12 psi.

............. until you actually drive them and have them for a weekend. Theyre awesome. I have been lucky to drive both models the s50b32 and the s54b32 variant. Strangely I prefer the s50b32 because of the throttle response. 60k is way too much, 35-40k is about where the market is at for a good one.

Sorry... are you taking pleasure in a person's death?