Lied to by BMW - my car was in an accident!
08-26-2007, 09:34 AM
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Hi
I bought my 645convertible from a BWM dealer last year in August 2006. At the time the car had done about 22,000km and the dealer told me that it had never had any accident damage.
2 weeks ago I received a legal letter demanding payment of R35000 for damage that my "driver" had caused to another vehicle in May 2006. On further investigation it appears that the vehicle was involved in an accident before I bought it. The total value of the damage was R115,000 (I paid R680,000 when I bought the car. To convert to dollars use an exchange rate of R7.5 = US$1)
I went back to my dealer who after admitting that they still thought the car had never been in an accident have now offered me 2 choices:
1) to replace the car with a similar vehicle of my choice or
2) to give me a trade in on another vehicle valuing the car as if it had never been involved in an accident (but of course using dealer pricing to value the car)
The accident is now listed on the BMW motorplan system making it a certainty that I will lose a large amount of the cars value if I try and sell it anytime in the future.
I am inclined to take the 1st offer from the dealer.
Should I take it up with BMW South Africa or accept the offer from the dealer? Any comments/advice from anyone on this forum?
I bought my 645convertible from a BWM dealer last year in August 2006. At the time the car had done about 22,000km and the dealer told me that it had never had any accident damage.
2 weeks ago I received a legal letter demanding payment of R35000 for damage that my "driver" had caused to another vehicle in May 2006. On further investigation it appears that the vehicle was involved in an accident before I bought it. The total value of the damage was R115,000 (I paid R680,000 when I bought the car. To convert to dollars use an exchange rate of R7.5 = US$1)
I went back to my dealer who after admitting that they still thought the car had never been in an accident have now offered me 2 choices:
1) to replace the car with a similar vehicle of my choice or
2) to give me a trade in on another vehicle valuing the car as if it had never been involved in an accident (but of course using dealer pricing to value the car)
The accident is now listed on the BMW motorplan system making it a certainty that I will lose a large amount of the cars value if I try and sell it anytime in the future.
I am inclined to take the 1st offer from the dealer.
Should I take it up with BMW South Africa or accept the offer from the dealer? Any comments/advice from anyone on this forum?
08-26-2007, 10:22 AM
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I would talk to a lawyer first. Replacement is not the only issue .....
Cheers
Cheers
08-26-2007, 10:26 AM
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2005 645ci Convertible auto, PDC, Bluetooth, RFT,Dynamic Drive, Active Steering, Adaptive headlights, Tv function, Navigation, CIP v23.02, Aux input, Logic7 Hi fi, CD changer, front seat heating and lumbar support, lights package, Style 121 19" tyres
Originally Posted by westcoast550' post='462724' date='Aug 26 2007, 08:22 PM
I would talk to a lawyer first. Replacement is not the only issue .....
Cheers
Cheers
08-26-2007, 10:55 AM
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My Ride: 2011, X6 Hybrid . Alpine White , every option. 20" Conti' NON runflats,OEM trunk spoiler , LUX V3 AE's , HP Thunder Fogs , custom front bumper reflector delete........
Originally Posted by lolly' post='462731' date='Aug 26 2007, 01:26 PM
I understand the other legal issues (I have already consulted with a lawyer) - setting those legal issues aside should I accept the current offer to replace the car or should I be expecting more out of BMW?
What does your lawyer think ? I would think an upgraded replacement at a minimum.
Cheers
08-26-2007, 06:15 PM
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My Ride: 2008 535xi / Platinum Grey / Black leather / Step Auto / Sport / Premium / Cold weather / 18" wheels / Logic 7 / Comfort / ipod / Navigation / Fold Down Rear Seats / Rear Airbags / Sirius SAT / Spoiler / Extended Clear bra / Bluetooth. (Previously owned a 2002 sport 525I Loaded).
On order: 535xi Platnium Grey with Black interior, Step Auto, Sports package, Premium package, Cold weather package, 18" wheels, Logic 7, Comfort access, ipod adapt, Navigation, Sat radio, Rear spoiler, Extended Clear coat bra.
There is a law here in the states regarding the disclosure of an accident by the dealership. If I were you I would research this problem very carefully. You may be entitled to a new vehicle not a replacement of the value the car is worth now. Run this buy your attorney and seek a 2nd opinion.
08-26-2007, 06:27 PM
#6
All legal issues aside, you should expect at least something more than you have now for:
1. Having been lied upon the car being in an accident.
2. Inconvenienced to go through this hassle
3. Protecting the dealer's reputation. In reality this is a settlement between you and the dealer so the case doesn't go to litigation.
Personally, if a dealer had treated me this way I wouldn't have settled for anything less than a brand new car.
Now before anyone in this forum jumps and comments that this is taking advantage of the dealer think that if this goes under the covers then nothing stops this or any other unethical dealer to repeat it on the name of profit.
1. Having been lied upon the car being in an accident.
2. Inconvenienced to go through this hassle
3. Protecting the dealer's reputation. In reality this is a settlement between you and the dealer so the case doesn't go to litigation.
Personally, if a dealer had treated me this way I wouldn't have settled for anything less than a brand new car.
Now before anyone in this forum jumps and comments that this is taking advantage of the dealer think that if this goes under the covers then nothing stops this or any other unethical dealer to repeat it on the name of profit.
08-26-2007, 11:12 PM
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My Ride: 2004 525i auto, PDC, Bluetooth, Sunroof, RFT, Towbar
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2005 645ci Convertible auto, PDC, Bluetooth, RFT,Dynamic Drive, Active Steering, Adaptive headlights, Tv function, Navigation, CIP v23.02, Aux input, Logic7 Hi fi, CD changer, front seat heating and lumbar support, lights package, Style 121 19" tyres
Thanks for all the input - I have scheduled a follow up with a different lawyer to get a second opinion
12-06-2007, 03:27 AM
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My Ride: 2004 525i auto, PDC, Bluetooth, Sunroof, RFT, Towbar
AND
2005 645ci Convertible auto, PDC, Bluetooth, RFT,Dynamic Drive, Active Steering, Adaptive headlights, Tv function, Navigation, CIP v23.02, Aux input, Logic7 Hi fi, CD changer, front seat heating and lumbar support, lights package, Style 121 19" tyres
A quick update on this issue:
After months of trying to come to finality on this matter the dealer has agreed to "try" and find a replacement car but to date has not been able to.
BMW South Africa (head office) have basically told me that they have NO interest in my problem and that I must fight with the dealer.
The dealer (Hyde Park Auto) has now made me a cash offer in full and final settlement for an amount that is half of what they claimed at an earlier meeting is my real anticipated loss if I sell the car now.
I have decided to give the matter to my lawyer to handle with instructions to do what ever is required in order to ensure that I do not suffer any loss.
It is a sad situation when both the dealer and BMW South Africa acknowledge that they "misled" me when the car was sold to me BUT are not willing to do anything to correct the matter but would rather lose a customer.
I am also planning to hand over all the documentation to the press so that the public knows what to expect from BMW in South Africa.
After months of trying to come to finality on this matter the dealer has agreed to "try" and find a replacement car but to date has not been able to.
BMW South Africa (head office) have basically told me that they have NO interest in my problem and that I must fight with the dealer.
The dealer (Hyde Park Auto) has now made me a cash offer in full and final settlement for an amount that is half of what they claimed at an earlier meeting is my real anticipated loss if I sell the car now.
I have decided to give the matter to my lawyer to handle with instructions to do what ever is required in order to ensure that I do not suffer any loss.
It is a sad situation when both the dealer and BMW South Africa acknowledge that they "misled" me when the car was sold to me BUT are not willing to do anything to correct the matter but would rather lose a customer.
I am also planning to hand over all the documentation to the press so that the public knows what to expect from BMW in South Africa.
12-06-2007, 05:10 AM
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What a nightmare. several things:
-if you didn't own the car when the accident occurred then it's not your problem(at least in the US).
-If the car is good, then get the best settlement from the dealer(cash) because I doubt they will find you another car based on their lack of effort thusfar and whatever extra a lawyer gets you; you'll pay back in legal fees.
-if you didn't own the car when the accident occurred then it's not your problem(at least in the US).
-If the car is good, then get the best settlement from the dealer(cash) because I doubt they will find you another car based on their lack of effort thusfar and whatever extra a lawyer gets you; you'll pay back in legal fees.
