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Knowledgeable board-What can/would you do?

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Old 10-21-2007, 03:01 AM
  #21  
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I would write the general manager of the dealership and BMW NA. You bought an expensive new car. Those damaged items can be fixed. Insist that they be fixed. If done properly the car will be like new. I would not sell the car because you will take a big hit. The best course of action is too write letters and be persistent. Each month a BMW engineer will visit the dealership ask to meet with him/her and go through your problems one by one to get a fix that will bring the car back to factory specs. The car will be fine once it is brought back to factory specs. The 550 is a great car I am sure that these things can be fixed.
Old 10-21-2007, 03:10 AM
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Originally Posted by hawaiian-I' post='484031' date='Oct 20 2007, 10:16 PM
.....[*]off topic The 21way seat is amazing but after 10 min. my butt sinks into the back panel on the bottom while the middle panel remains firm. Uncomfortable. Told that maybe it's the sport feature to anchor you in. Comments?....
The comfort seats have an electric lumbar support that can be adjusted. It sounds like you need to adjust that and possibly the sides of the driver's seat.
Old 10-21-2007, 04:57 AM
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Your car is officially "new" if it was never titled.

However it is clear that someone hit something with it (during a test drive maybe?). Therefore it is not "correct" and they either need to make it correct or buy it back from you - you were sold a "new" car that has been in an accident and not fixed correctly. Either way, this will eat away at you for the life of the car - get it fixed or have them buy it back if possible.
Old 10-21-2007, 06:34 AM
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The waiver is what I keep getting stuck on.....it gives me a very bad feeling because, not even the slimy "we sell cheap cars" used car dealers make you sign those, they post an 'As-Is No Warranty' sign in the window and that's that.
Old 10-21-2007, 08:13 AM
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Actually they might. I'd check with your state "consumers protection" department. Also the DA office. As others have pointed out contact BMW North America.

As I've stated, there is a lawyer (and radio talk show host) that has a web site that amongst other things refers competent lawyers. You can also post your issue for their panel to discuss and get back to you (be concise). It's FREE! (http://www.handelonthelaw.com). On the toolbar on top, select "Ask a Lawyer". I don't work for them, but did use it to get free advice on a probate issue.

Again, don't give up.


Originally Posted by hawaiian-I' post='484056' date='Oct 21 2007, 12:19 AM
dturk,
Was hoping that you were a lawyer. Might as well quit dreaming, no attorney is gonna give me free advice. Found out about the "test drive car" before I took possession but after the deal was closed. May have given up some rights when accepted tint, and wheel warranty. Nobody told me it hit something though.
As for rating them, as long as they talk and work with me to resolve problems, I guess that's all I can ask for at this point. Taking it to an independent to take a look at the front end for a damage assessment.
Thanks for the advise
Old 10-21-2007, 03:09 PM
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Everyone,
Thank you for your suggestions and ideas, they really helped me to settle down. For awhile I was all discombobulated and looking for direction. Now, I can approach the GM with confidence and calm.
Course of action:
Simple. A new car as the contract was for or give me the money back.
I will not accept a car repaired for structual damage as new. I did not put it there, why should I have to go through the process of trying to fix it. I'll be ticked off if the response is something like how do we know you didn't do it. Then BMWNA, etc. Till then, stay calm.
Dings, bumper bangs they can fix but damage requiring new parts for the front end compromises the safety of the car. The steering wheel jerking left during hard braking is hazardous and they admittedly don't know if correcting the alignment will correct this condition. Who knows what other hidden damage may have been caused by the hit. I'm not willing to take the chance on a "new" car.
At the minimum, this should have been disclosed and fixed before the purchase and not discovered item by item. If properly disclosed, buyer can at least make an informed decision whether to proceed. Obviously, they tried to sneak it by. Now, hopefully, they will do the honorable thing and grant my request.

Again, Thank you very much for sharing your ideas and best wishes.
From the 50th state,
Mahalo

P.S. I will try to make a post on final outcome if I survive through this somewhat stressful situation.
Old 10-21-2007, 03:30 PM
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Based on what you've posted, you should really speak with an attorney. You didn't handle the buying process very well, but it appears that the dealer took advantage of that. If that's how they behaved during the sales process, I'd doubt they are going to bend over backwards to help you now you've discovered why they wanted you to sign those waivers. If you were misled and the car was misrepresented, those waivers may not amount to much - but you need a lawyer to help you through that. Get rid of this car, and buy another. if there are no other BMW dealers near you, I'd take whatever settlement you can get and head off to the nearest Audi, Mercedes and Lexus dealer.

Good luck!
Old 10-22-2007, 01:54 PM
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Originally Posted by swajames' post='484300' date='Oct 21 2007, 05:30 PM
Get rid of this car, and buy another. if there are no other BMW dealers near you, I'd take whatever settlement you can get and head off to the nearest Audi, Mercedes and Lexus dealer.
Or, travel a bit further to another BMW dealer ... !
Old 10-22-2007, 02:01 PM
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Originally Posted by Russ1974' post='484734' date='Oct 22 2007, 04:54 PM
Or, travel a bit further to another BMW dealer ... !
Kinda tough in Hawaii, lots of water. I think they only have 2 dealers in the state, the one in Honolulu where it was purchased and one on Maui where they sourced it from......
Old 10-23-2007, 12:37 PM
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Originally Posted by hawaiian-I' post='484031' date='Oct 20 2007, 11:16 PM
Will try to make a long story short.
Love BMW's and their service and professionalism.
During September, my 2004 530i off lease; excited to buy a new E60. Couldn't get accustomed to change on driver's door so I made a deal on the last "NEW" '07 available. 550i
Since deal made and before pickup:
  • Car had miles (295) and safety sticker from Sept. '06.
    Explanation: The other dealer couldn't sell it and most of the miles was put on by the owner's wife; "NO CUSTOMER DROVE IT!" Hmmm, agreed to take car, lady miles and I disliked the new armrest that much.
  • Car left for tinting and update. While waiting, called previous dealer and found out that the car was used for test drives "on a special stretch of road". GRRRR! Essentially lied to, gave the SA the benefit of doubt that he didn't know this.
    Asked for compensation for this new knowledge and I tried to be fair. Asked for tint cost, 5 yr. tire/wheel warranty and some accessories that I was going to buy. Mgr. response: NO WAY!
    Requested my 10k deposit back. Then got: tint (SA complaining that he would have to pay for it), 3 yr warranty (paid $100 more for 5 yr warranty. These guys must be trained to take you for what they can + I guess I'm a bad negotiator) and credit for some accessories.
  • Damage on right front sidewall. We haven't taken the car, yet. Same day as above negotiation.
    Wouldn't change tire, supposedly part of previous agreement. (tire/wheel warranty, tint, credit) Ever heard of a premium dealership sending out a "NEW" car with damage on the sidewall. By this time, tired, just took the car. (Again, Bad negotiator or just a fool!)
  • First full day of ownership, it rained, noticed water droplets along the bottom and side of rt. front light lens.
    At appointment a few days later I was told that it was probably just condensation from a change in temperature. Ok,(only on one side?) but while I'm here, check my suspension 'cause it seems to make a noise and ride is a little rough (thought it was because of the runflats but since I was there anyway...)
    We looked under car and lo and behold, scrapes on undercarriage on the right front, same side as damaged sidewall and watery lens. Unbelievable, but what can I say 4 days after pickup, plus I signed the waiver at purchase that car was ok. Tried to be calm. (Must be nuts, too)
    To top that off, the problem with the noise and ride was that they didn't take off the spacers placed on the suspension when the car is shipped. (Was it on the whole 300mi. driven? Can it damage suspension and computers?) I know it has happend to others, too.
  • AC stunk bad, fixed ok.
  • Car steering jerked to the left during 2 kinda hard braking @ 35mph. Don't know if it was hard enough to activate ABS. Had it occurred with my wife driving, she coulda lost it.
    Resolution: Alignment Note: Informed the RIGHT FRONT is still <1degree off, reassured that "I wouldn't worry about it if it were my car" I haven't even made my first payment to the bank yet and one wheel cannot be completely aligned, the side with the damaged sidewall and moisture in the lens. Did we bang something that nobody is talking about?
  • Still waiting for the black plastic on the door between the front and back windows. Portions faded white, covered with black @ pickup but rain washed it away exposing white. New car, geez?
  • off topic The 21way seat is amazing but after 10 min. my butt sinks into the back panel on the bottom while the middle panel remains firm. Uncomfortable. Told that maybe it's the sport feature to anchor you in. Comments?

I've now had the car for a month and put on 700 miles; total 1000 mi. on odo.

Would appreciate any free legal advice you might want to share.
Thanks for letting me vent, sorry for the long post.

Thank you in advance for any ideas and opinions and the other great info shared on this board,
hawaiian-I

P.S. The service advisor is a professional who works with me and keeps me calm but somehow I don't think I should be happy.

I'm with BMW of North America, LLC. I've passed this message on to a BMW NA Customer Relations Representative who will be in touch with you soon.


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