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What I'm doing - Am I wrong legally?

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ConfusedinTX

Junior Member
What is the name of your state? Texas
The seller of the item is in Arizona.

Background:
Approximately 3 weeks ago, I agreed with a person selling his turbo kit on a purchase price of $2,000 plus some parts (pulley, fuel injectors, and intake) that I wouldn't be needing. I would send the parts after I had the kit fully installed since I would need the parts until then. I've included an excerpt of his original post below.

Its a custom hybrid garrett 60 trim with a hot side for quick spooling.... It reaches fulll boost around 2,000 rpm. It will boost 32lbs. but i have a 7lbs spring in the wastegate combined with the sc it peak's 20lbs .... 44mm tial external wastegate... hks ssqv blow off valve.... custom 3" downpipe with custom exhaust.... open dump pipe sound's crazy bad when boost hits! custom header... custom intake charge pipe... 650cc injector's.... not for the faint of heart.... this kit is very good!
In addition to the items listed above, he also agreed to include a special pulley. He also agreed to include and air fuel controller(AFC) before we decided on the price, but later claimed that it was his friends and he didn't remember promising to include the AFC. It was already late in the process, right before sending him the money, and I understood so I went ahead.

I later found out that he promised the same thing to another potential buyer. I find it difficult that he would forget that it was his friend's and promise it to two different people. In addition, it is a pretty liquid piece of equipment that can be sold for $200+.

Anyways, when I receive the package, the special pulley isn't in the package and when I ask him, he claims to have forgotten to send it in all the confusion. At this point, I assume he's going to send it.

I then take the parts to my shop and after examining the parts, they say that the fuel injectors are too large. Confused, I check with a person that has been the pioneer of this type of modification and he claims that they are indeed way too large and I would probably blow my engine if I ran the injectors. This process took about 1.5 - 2 weeks.

I then inform the seller that I will be keeping the previously agreed items to offset the cost of the injectors (~$400+) and the pulley ($150), while the items I was going to send him cost less than $400 since they are used and cost $500 new.

He is obviously very displeased and claims that he was going to send me the pulley this coming weekend, but one of his parts were faulty and he didn't want to replace it until this weekend. I'm not too sure how to reconcile this with his previous excuse. After a long rant, he then threatens me with legal action.

Now, my questions are 1) Am I wrong legally? 2) Does he have recourse against me?

Thanks for all your help.
 


justalayman

Senior Member
it would seem the biggest part of your claim involves the injectors being oversized. Do the injectors match the description he gave in his ad (regardless of them being too large or not)?
 

ConfusedinTX

Junior Member
it would seem the biggest part of your claim involves the injectors being oversized. Do the injectors match the description he gave in his ad (regardless of them being too large or not)?
Yes, the injectors that he sent are the same size as he advertised. But is it also not true that the fact that the injectors are too large run counter to the 'this kit is very good'?
 

justalayman

Senior Member
nope.

it seems you got what was advertised. The onus is upon you to research the viability of such parts in your particular use.

Unless there was a return policy, you are totally in the wrong. Even if there is, the manner in which you are trying to regain your money is wrong.

Unless you have the additional parts offer in writing, you are not going to be able to prove anything.

If he chooses to sue you , you will lose.
 

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