Scammed buying an F82 (hole in the engine) what can I do?

[AlpineF82brrr]

What would you do in my situation?

Hello,

So I was recently scammed buying a 2015 BMW M4 off of Facebook marketplace, I overpaid a lot and it’s my fault that I got scammed honestly. I didn’t get a PPI and trusted the owner. I paid 37.5k final 41k for it with 75k miles crank hub done and all the mods that I would’ve put on a stock car anyway I thought this was a good route to go to begin with. The guy had cleared the codes and I had never heard or driven a catless s55 so I couldn’t tell that it was misfiring on idle. After I had bought the car I noticed it was doing it a lot worse especially on startup and started switching out injectors coils and plugs and attempting to figure out the issue. Recently I just took it to a shop and they put a camera inside all the cylinders and they informed me that cylinder 5 has scoring and a hole in it. I really don’t have the money to get a lightly used s55 and swap it in I believe that would cost over 10k easily. Also even if I was to do that the car still has cosmetic damage like key scrapes over the left side and the hood is dented it’s really not worth to me putting in money for an engine when the car looks like shit.

I understand it was my fault to be stupid and get a car with dents and keymarks but at the time on the market that’s the best priced one that I could find and I was just excited and blind.

To my credit the car drives perfectly and has since I bought it. For 2 months it’s had this misfiring on idle problem and I’ve driven it for multiple days every week on stage 2 and floored it a ton yet it hasn’t blown which is very weird to me.

What I want to know is would a rebuild be costly? Is it possible for an engine builder to just replace the cylinder wall? Is this an issue with s55s where you can blow a hole in the cylinder wall and what do you guys think is the best course in action? I already put an 11k down payment and total I’ve paid 13k already so I don’t think it’s a good idea to put more money into it and I’m just planning on totaling it.

This has been super stressful and I don’t want this piece of shit to get away with selling me a car with a hole in the engine is it possible to take him to small claims court?

[Busa1]

Did you sign a Bill of Sale? If so, does it say anything about “Buy as Is”? I think the rules vary in different states concerning Lemon Laws, I could be wrong. Have you tried reaching out to the previous owner?

[AlpineF82brrr]

Originally Posted by Busa1

Did you sign a Bill of Sale? If so, does it say anything about “Buy as Is”? I think the rules vary in different states concerning Lemon Laws, I could be wrong. Have you tried reaching out to the previous owner?

Yea I’ve been trying to get in contact with him since I bought the car but as soon as I finalized the deal he went silent, hasn’t even blocked my number just doesn’t answer text and calls. And I believe I did sign that. But I think I might still be able to take him to small claims court just because through out our texts whenever I brought up the weird start up he told me it’s the tune and the GTS roar on it and reassured me the car is healthy and good.

[Busa1]

I would definitely speak to someone that’s more knowledgeable about this. I would think there is some type of protection for the buyer. Just start searching on Google about the Lemon Laws in California. Maybe someone in the Regional Forum can offer some help. I would also post this in the General Forum and Regional Fourm for your area. I think you’ll get more responses from there.

[AlpineF82brrr]

Originally Posted by Busa1

I would definitely speak to someone that’s more knowledgeable about this. I would think there is some type of protection for the buyer. Just start searching on Google about the Lemon Laws in California. Maybe someone in the Regional Forum can offer some help. I would also post this in the General Forum and Regional Fourm for your area. I think you’ll get more responses from there.

I’ll try bro thank you

[NORAGRETS]

Lemon law, take him to court

[NORAGRETS]

or pull the engine, build it, port the cylinders and make a monster

[arfboy]

This is not legal advice and I am not your lawyer. Also, laws vary from state to state. That being said, here’s some food for thought. Lemon laws typically do not apply to private party used car purchases. Private party used car purchases are usually as-is (absent a warranty) by default, which means you accept all the faults in the vehicle. Despite this, there might be relevant exceptions that offer legal recourse, such as the seller actively concealing a known issue (i.e., fraud). Keep in mind that winning such cases, however, requires proof of more than just the mere existence of a problem with the vehicle.

[louielouie]

Same as above. This isn't legal advice but from my understanding, lemon law only covers manufacturer warrantied cars. Private party is as-is and you're on the hook for doing your own due diligence.

[M3SQRD]

This is a tough one. What makes it worse is you’ve been beating on the car for months with a known misfire (was it on cylinder 5?). You also say the car has been running great since taking delivery. Car should have been immediately taken to the dealer or a BMW Indy shop as soon as you took delivery. Now the seller can say the engine was fine and you damaged it during the past 2-3 months of abuse. Never buy a car without a PPI. If you’re out of state and the seller refuses to take it for a PPI being paid for by the buyer then you know to walk away from the deal.

Isn’t small claims court maxed out at $5k? I think you’d have to sue him in real court and rack up the lawyer fees to support your case, if you have one.

[arfboy]

Originally Posted by M3SQRD

Isn’t small claims court maxed out at $5k?

Depends on the state. For example, the small claims cap in CA is $12,500.

[M3SQRD]

Originally Posted by arfboy

Depends on the state. For example, the small claims cap in CA is $12,500.

Thanks! However, still nowhere near what the OP needs to make him whole. It would cover his down payment though (financing $30k on an almost 10 yo car…hum).

[arfboy]

Originally Posted by M3SQRD

Thanks! However, still nowhere near what the OP needs to make him whole. It would cover his down payment though (financing $30k on an almost 10 yo car…hum).

$12.5K is pretty close to the cost of an engine replacement.

[M3SQRD]

Originally Posted by arfboy

$12.5K is pretty close to the cost of an engine replacement.

The cost to pull an engine, remove all reusable parts, buy a rebuilt engine (I’ll never buy an eBay engine with unknown mileage and condition for $8-10k), re-install all reusable parts, and then re-install the new engine is > $12.5k. Cost to just pull and reinstall the engine is $6-$8k. I’d go with a $17.5k freshly re-build Carbhan or similar engine builder (I guess in the OPs case it’ll be $22.5k) with 0 miles vs. an $8-10k motor that might go boom in 1k miles or 10k miles or, if really lucky, 100k miles. $23.5-25.5k in the long run is a way better option than an unknown eBay motor with a total cost of $14-16k. A quick search turns up s55s in absolutely terrible looking shape for $7-11k. Yes, $12.5k is better than $0.0 but it sounds like the OP doesn’t even want the car given its mechanical reliability and poor exterior and interior condition, hence the $12.5k barely covers his down payment on a 10yo car.

[arfboy]

Originally Posted by M3SQRD

The cost to pull an engine, remove all reusable parts, buy a rebuilt engine (I’ll never buy an eBay engine with unknown mileage and condition for $8-10k), re-install all reusable parts, and then re-install the new engine is > $12.5k. Cost to just pull and reinstall the engine is $6-$8k. I’d go with a $17.5k freshly re-build Carbhan or similar engine builder (I guess in the OPs case it’ll be $22.5k) with 0 miles vs. an $8-10k motor that might go boom in 1k miles or 10k miles or, if really lucky, 100k miles. $23.5-25.5k in the long run is a way better option than an unknown eBay motor with a total cost of $14-16k. A quick search turns up s55s in absolutely terrible looking shape for $7-11k. Yes, $12.5k is better than $0.0 but it sounds like the OP doesn’t even want the car given its mechanical reliability and poor exterior and interior condition, hence the $12.5k barely covers his down payment on a 10yo car.

OP contracted to purchase a car with an engine of unknown quality with 75k on the clock. I understand not wanting to buy a replacement engine of unknown quality, but again, that's precisely what OP bought. The law doesn't entitle him to a freshly rebuilt engine or any other upgrade.

[M3SQRD]

Originally Posted by arfboy

OP contracted to purchase a car with an engine of unknown quality with 75k on the clock. I understand not wanting to buy a replacement engine of unknown quality, but again, that's precisely what OP bought. The law doesn't entitle him to a freshly rebuilt engine or any other upgrade.

I agree 100%. I was saying what I’d do. I personally would not use an engine bought off of eBay and I would buy a completely rebuilt engine. I was also just pointing out the cost of removing, replacing/transferring reusable parts to the “new” engine , and then reinstalling the “new” engine. I don’t believe the OP has a winning case in court, let alone a win in small-claims court. Any used car purchase is a gamble but it could have been minimized, or in this case completely avoided, if a PPI had been done. You should never buy a used car without a PPI.

[arfboy]

Originally Posted by M3SQRD

I agree 100%. I was saying what I’d do. I personally would not use an engine bought off of eBay and I would buy a completely rebuilt engine. I was also just pointing out the cost of removing, replacing/transferring reusable parts to the “new” engine , and then reinstalling the “new” engine. I don’t believe the OP has a winning case in court, let alone a win in small-claims court. Any used car purchase is a gamble but it could have been minimized, or in this case completely avoided, if a PPI had been done. You should never buy a used car without a PPI.

Agreed - I had PPIs done on both of my previous used car purchases. Small price to pay for peace of mind. And if the mechanic/inspector misses something they should have caught, I may have recourse against them.

[NORAGRETS]

Originally Posted by arfboy

Depends on the state. For example, the small claims cap in CA is $12,500.

Small claims is only the beginning.

In some states you can sue MULTIPLE times AT THE SAME TIME in small claims.

Personally I’d find an attorney and discuss your options.

+1 myself for pulling the engine and making a monster