Sight-unseen lesson learnt

[Cammsport 391]

Gents, recently made a purchase of what was to be a bit of a resto project after seeing this post. I was more than happy to pay too much in suspension and drive train parts as I imagined the car had probably been neglected mechanically for some time. However, I specifically asked "What's the paint like? Clear coat peel anywhere?" to which the seller replied "Paint ok for a car hasn't been garaged for the last decade. The odd scratch here and there. The bonnet has been resprayed. The only paint peel I've noticed is on the windscreen pillar."

I had a friend who was local to the seller, go and give it a quick once over. It was raining very heavily so my mate couldn't say too much for the exterior. I completed the purchase and my mate went and collected it. Today I received these pictures. 

I stuffed up. But I also feel that the car wasnt correctly advertised. It doesn't have the original engine (according to workshop receipts), front windows don't operate, rear tailgate doesn't oped, trim snapped and clips all broken from someone attempting to fix tailgate, rear seat vents kicked in, FL wheel bearing noise that sounds like a plane taking off, rar window falls down, front electric seats not working. Had these faults and the large rust spot, dent on the roof and deep scratches been declared, I don't think it would have sold for half of what it did. Flights have been paid, insurance added and ownership papers transferred. I struggle to believe the seller didn't know of these problems. 

My question is, would it be fair to ask for a refund? Giving the seller the option to offer it to the 2nd highest bidder (a wrecker, so probably doesn't care about the condition of the roof)? If no success there, disputes tribunal? Or do I suck it up and take the loss/lesson learnt. 

Interested in everyone's opinion, so please chime in. 

Edited December 19, 2021 by Cammsport
More faults

[Blackie 510]

Sorry to hear. Personally, if it were me, I would just roll with it. Still seems like a reasonably cheap car? Cheers 

[gjm 3258]

You're in the worst possible position. You've paid, the car is yours both financially and from the perspective of legal paperwork. So long as there is no outstanding finance, it is all yours. How long ago was purchase completed?

Morally, there is understanding that the vehicle has been mis-sold. Practically, the seller can say it was inspected before purchase.

[Cammsport 391]

More faults added to post. 

[Cammsport 391]

1 minute ago, gjm said:

You're in the worst possible position. You've paid, the car is yours both financially and from the perspective of legal paperwork. So long as there is no outstanding finance, it is all yours. How long ago was purchase completed?

Morally, there is understanding that the vehicle has been mis-sold. Practically, the seller can say it was inspected before purchase.

Purchase finalised 3 days ago

[M3AN 4016]

That's a bugger Cam, in my mind it now comes down to what you paid for it - do the extra defects mean you just paid over the odds, or do they mean you got ripped off? If it's the former then I'd say you're SOOL, even with the Tribunal, the latter may make a case but then you're tied up with bureaucracy and still might have to fight to get compensation even if you win the case.

It's also important to note that you appear to have asked about the "paint" and not the "panels", if that's the case, and the seller is being a dick, then he could probably argue you never asked about the bodywork.

Having said that, it doesn't look terrible, eminently recoverable with a bit of time and patience.

[KwS 2429]

The only real worry for me would be that rust in the roof. Thats a solid bubble that will probably be a hole if you poked it too hard. I would also be real wary about driving it too far in its current condition, but thats just me.

I dont think its ever going to be a "nice" car again, it wouldnt be worth it, but it should be a good work horse/family wagon with some work.

[Jacko 2158]

While pretty shitty on behalf of the guy selling it, if you got it for $1300... Id say thats still a reasonable price, its a lot of (dented) car for the money. You could probably part it out and double your money. 

[topnotchrally 112]

My 2 bits.  You had it inspected, so it's your problem if it's not what you expected.  Your inspection guy should have caught these things, clearly he didn't take the time/care you expected.  Granted the seller was not exactly forthright, but when buying a car with 300,000 kms there's always going to be issues.  Also, it's only $1300... a pittance in BMW terms.  Your answered your own question in your post... suck it up, I'm afraid 🙂

 

 

[Cammsport 391]

Well that's a unanimous answer from the Bimmersporters (a good thing). Onwards to the resto! Driving it back on the 29th of December. I'll keep the North Islanders posted if I need a driveway to pitstop in 😅

[qube 3570]

Pretty stink situation, was also in one myself with a recent purchase. Paint and panel condition worse than photos and descriptions suggested. Had to get the car transported to me rather than picking up due to lockdowns. If i had picked up i would have tried to renegotiate the price. 

had send a polite email about it and got no response. As expected, my problem now..

 

[E30 325i Rag-Top 2963]

Is it worse than you thought? Yes.

Is it still a good project but at what you paid? Still yes.

look in the bright side, it’s a good long term project for you. Every project car has hidden gremlins in it, so don’t beat yourself up over it.

Lesson is: never, ever inspect a car in the rain. It hides too many possible issues and getting wet makes you rush and miss things.

[M3AN 4016]

39 minutes ago, E30 325i Rag-Top said:

Lesson is: never, ever inspect a car in the rain. It hides too many possible issues and getting wet makes you rush and miss things.

Or fail to inspect it at all! And end up with a car you really didn't need. 🤣

[KwS 2429]

2 hours ago, E30 325i Rag-Top said:

Lesson is: never, ever inspect a car in the rain. It hides too many possible issues and getting wet makes you rush and miss things.

Too right, missed badly repaired structural rust in the A pillar on a car I recently bought just because it was raining. Got it home, in the garage where it was dry and "ah, sh*t."

[Olaf 3341]

Aye, you've been stitched.  Ah well, move forward. 

Let us know when you're coming through Wellington, I'll buy you a beer @Cammsport - I'll bring the e30 if it's not raining!

If it happens to be 6 January, there's a Wellington Pub Night on as well.

 

[Driftit 2093]

What I would do instead of sucking it up.  Contact the 2nd bidder and take a small loss if they are interested.
Thing is already a money pit before you have even driven it.

[Cammsport 391]

8 hours ago, Olaf said:

Aye, you've been stitched.  Ah well, move forward. 

Let us know when you're coming through Wellington, I'll buy you a beer @Cammsport - I'll bring the e30 if it's not raining!

If it happens to be 6 January, there's a Wellington Pub Night on as well.

 

Cheers for offer @Olaf, but we'll be landing around 8am and then heading straight up north. Unless you live close to the airport? 😉

[Olaf 3341]

On 12/20/2021 at 9:38 PM, Cammsport said:

Cheers for offer @Olaf, but we'll be landing around 8am and then heading straight up north. Unless you live close to the airport? 😉

@Cammsport  I'm not far from the airport. 0800 is a bit early for a beer, but there's always a coffee.  Feel free to IM me, see what we can arrange.  If you're collecting from Brooklyn, I don't mind running you over there if the day permits.
PS - I'm around 29 Dec.

Edited December 21, 2021 by Olaf
dates

[Olaf 3341]

PPS - can bring jumper leads!

[Cammsport 391]

An update for anyone that's interested. Been ticking a few boxes off on the E39. Alot of the work that needed doing, just needed time and some fiddling. Headlights polished and ended up being the retrofitted Hella kind. The sunroof drains were loose, letting the water in through the a-pillars. A bit of RTV and some weed-wacker-wire to clear the drain and it's good as gold. New number plates ordered to replace the beat up ones, a $23.50 bargain. Got a new front guard from pick-a-part. Rear cup holders and vent replaced. Rear window regulator replaced (swaged portion on the cable had come out of bracket). Leather cleaned and looks great. Found and fitted a rear cargo cover and net. New tailgate liner (still need to fix locking issue). Wheels cleaned up quite nicely. The oil burning and dropped cylinder ended up being a tired CCV. Replaced it and it runs mint. Has a new radiator, thermostat and water pump. Just going to replace the hoses and the expansion tank. Money saved from not having to swap the engine will go to the roof repair. All in all, happy ish with the car once I got over the initial shock. Realising now how hard a black car is to keep clean lol. 

Edited January 19, 2022 by Cammsport

[balancerider 778]

Looks lovely @Cammsport - rescuing an E39 touring is doing the Lord's work...

[Cammsport 391]

11 minutes ago, balancerider said:

Looks lovely @Cammsport - rescuing an E39 touring is doing the Lord's work...

Funnily enough, the other two profiles bidding against me looked to be wreckers. Makes me feel better knowing I might have potentially saved this tank. 

[BreakMyWindow 1878]

Nice work! Brings back a few memories..

[Cammsport 391]

A few weeks of hard slog and we're getting there. Most of the faults in the first post have been rectified. Took both front seats out to really give the car a good clean and now all the seats work electrically. I can't believe these things have electric headrests 😂. Tailgate now opens by using the drivers footwell button, but not the exterior handle/button. The last major thing to tidy up is the roof which in reality isn't the end of the world. BUT it looks as though I have to sell the black beast prematurely. A job offer in the Central Otago region means we'll likely be moving on from Auckland. I'm not keen on driving 4 cars and a house removal truck, so something has to go. New job has free electric car charging so I'll be converting to the dark side once down there. 

Big question is, what to list for? Hard to find a comparison. If I was a gambling man I could go $1 reserve 🤔

[Young Thrash Driver 1020]

4 or 5 grand would be my wild stab in the dark. You don't see that interior too often, she's looking good.