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A plea for help, please...

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snovvman

Junior Member
I purchased a vehicle from Webautoworld, Michael Schuttemeyer, in Pompano Beach, FL. in October of 2005. While the vehicle was found on eBay, it was not an eBay transaction. I am in California.

While Michael claimed that he is simply a transfer agent for someone (a friend of his who was actually the owner of this car) in Germany, the title shows Michael as the signer of the release and shows Webautoworld as the owner of record. I also transferred the funds into Webautoworld's account. I am advised that, legally, Webautoworld is responsible for this transaction.

The vehicle is a 1999 BMW 750iL, gray market, imported from Germany. Webautoworld is an RI with the NHTSA and was an ICI with EPA. Webautoworld is the agent of record for the importation of the vehicle and conversion.

A purchase agreement was drawn up to state that the vehicle must meet all California safety and emissions standards and that it must be registerable with no further modifications. Additionally, there were mechanical repairs that the seller agreed to perform.

Upon delivery in mid-October 2005, I discovered that neither of the above were true. I cannot register this vehicle in California and there were repairs that were not performed. I have been trying to get this matter resolved since. At first, Michael claimed that he will resolve the emissions issue and provide the EPA releases. He then claimed that he will provide a full refund, including shipping costs. This is where things stopped. Every week, I get a different story and more delays. I have detailed email exchange on this.

I recently found out that this vehicle never had an EPA release and is an "uncomforming" vehicle. Selling such vehicle is a violation of the Federal Clean Air Act, enforceable by OECA (EPA's enforcement arm). I am in contact with the EPA about this.

I have also been contacting Florida's attorney general's offices, though I get passed from department to department and no one seems all that interested to help. I do wish to continue to pursue this matter of fraud with legal and regulatory entities in Florida.

At some point, I want to document all of the exchange and situation on several blog sites so that others can see my experience, in hopes that they can avoid such situation.

I was getting ready to file a lawsuit here in California though I can't get the lawyers to agree if I have jurisdiction in California, as Webautoworld does not have any known business presence in California.

Some related links:

http://www.bimmerboard.com/forums/posts/115145
http://www.bimmerboard.com/forums/posts/115981
http://www.bimmerboard.com/forums/posts/117201

http://forums.bimmerforums.com/forum...d.php?t=431198
http://forums.bimmerforums.com/forum...d.php?t=432758
http://forums.bimmerforums.com/forum...d.php?t=434328



My plea for help:

---Ideas?

---Lawyer(s) in Florida who would be willing to take such case (value is ~$20K).

---Someone in Florida or near Florida who can offer some assistance (though I don't know what).

---???

If you know people, or know people who know people, I would appreciate any help.

For me, aside from the money and the opportunities of buying other cars lost, it's a matter of right and wrong. I want to set the matter right and ensure that no one else gets ripped by Webautoworld and Michael Schuttemeyer.

Thank you for reading this.
 


seniorjudge

Senior Member
snovvman said:
I purchased a vehicle from Webautoworld, Michael Schuttemeyer, in Pompano Beach, FL. in October of 2005. While the vehicle was found on eBay, it was not an eBay transaction. I am in California.

While Michael claimed that he is simply a transfer agent for someone (a friend of his who was actually the owner of this car) in Germany, the title shows Michael as the signer of the release and shows Webautoworld as the owner of record. I also transferred the funds into Webautoworld's account. I am advised that, legally, Webautoworld is responsible for this transaction.

The vehicle is a 1999 BMW 750iL, gray market, imported from Germany. Webautoworld is an RI with the NHTSA and was an ICI with EPA. Webautoworld is the agent of record for the importation of the vehicle and conversion.

A purchase agreement was drawn up to state that the vehicle must meet all California safety and emissions standards and that it must be registerable with no further modifications. Additionally, there were mechanical repairs that the seller agreed to perform.

Upon delivery in mid-October 2005, I discovered that neither of the above were true. I cannot register this vehicle in California and there were repairs that were not performed. I have been trying to get this matter resolved since. At first, Michael claimed that he will resolve the emissions issue and provide the EPA releases. He then claimed that he will provide a full refund, including shipping costs. This is where things stopped. Every week, I get a different story and more delays. I have detailed email exchange on this.

I recently found out that this vehicle never had an EPA release and is an "uncomforming" vehicle. Selling such vehicle is a violation of the Federal Clean Air Act, enforceable by OECA (EPA's enforcement arm). I am in contact with the EPA about this.

I have also been contacting Florida's attorney general's offices, though I get passed from department to department and no one seems all that interested to help. I do wish to continue to pursue this matter of fraud with legal and regulatory entities in Florida.

At some point, I want to document all of the exchange and situation on several blog sites so that others can see my experience, in hopes that they can avoid such situation.

I was getting ready to file a lawsuit here in California though I can't get the lawyers to agree if I have jurisdiction in California, as Webautoworld does not have any known business presence in California.

Some related links:

http://www.bimmerboard.com/forums/posts/115145
http://www.bimmerboard.com/forums/posts/115981
http://www.bimmerboard.com/forums/posts/117201

http://forums.bimmerforums.com/forum...d.php?t=431198
http://forums.bimmerforums.com/forum...d.php?t=432758
http://forums.bimmerforums.com/forum...d.php?t=434328



My plea for help:

---Ideas?

---Lawyer(s) in Florida who would be willing to take such case (value is ~$20K).

---Someone in Florida or near Florida who can offer some assistance (though I don't know what).

---???

If you know people, or know people who know people, I would appreciate any help.

For me, aside from the money and the opportunities of buying other cars lost, it's a matter of right and wrong. I want to set the matter right and ensure that no one else gets ripped by Webautoworld and Michael Schuttemeyer.

Thank you for reading this.

File a lawsuit in Florida.

"It's the principle of the thing" lawsuits cost lots of money and lots of time; most lawyers don't like them because there is no way to tell when you have won.
 

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