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Legal advice wanted- bought a stacked car!!!

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aintgotitmusthaveit Officially Full-On Dubber

295 posts · joined Jun 2006 ·

#798506
Hi guys thought I'd put this to the forum for an opinion.
I recentlynwas lucky enough to purchase an 18mth old 335i BMW from a reputable dealership in Victoria.
During that purchase I quizzed the salesperson as to why I should not save myself 10k and go to another prestige car yard or eve privately. They responded that I could but I would not know what I was buying and that there is no guarantee the car has been in an accident. To which I asked and your cars have not been? To which they responded we don't sell cars that have been in accidents. Being assured by the Dealer and being covered under the factory warranty, I bought the car. Prior to receiving the car it was noted as having a leaking left steering arm and it took a couple of weeks to get delivery cos they had to order the parts.

In the first week of ownership I got a fault indication for a steering light failure, and felt that there was knocking on the steering column during cornering that was related to shot steering column bearings. Got both fixed under warranty.

Then While cleaning the car, I noticed the. Welds and hinge lug looked like painted birdshit on the passenger door.

Well the other day a bolt broke on the rear control arm on the same left hand side!!!

I have since taken the car back and demanded my money. The dealership committed to investigating and initially committed to offering me back my money if the car was ascertained as having been in a serious accident or repairing it. To their standards.

They identified that the McPherson strut has been replaced and the door lugs were welded in position. They are now saying "not serious" and have offered to repair the car to their standards. I'm not happy though and want my money back!!!

Where to from here? Any lawer types out there Victoria?

helbus Administrator Mad fabricator, paint and body

7,386 posts · joined Sep 2002 ·

#798508
I would say that they should allow you to choose an independent assessor to look at the car - At the dealerships cost. Then the report from the assessor will make the decisions easier. Then a quote to rectify the damaged areas to factory warranty standards, meaning all welds to be as per factory, all paint to be factory approved, all parts to be genuine BMW with no repaired parts. This will give a price to confidently make the vehicle not prone to rust or part failure in those areas.

Then see what they want to do!
EJ22 into Bay Microbus - Finished project build thread- click on this spot here for info

aintgotitmusthaveit Officially Full-On Dubber

295 posts · joined Jun 2006 ·

#798511
The dealership did commit to using a BMW authorized repairer, they laser tracked the car in my presence and provided me with the report to show the car is still straight.
I beleve they will get the car back to their stds.
Still imwould prefer a car that is undamaged in the first place!

vwjon Fahrvergnugen

914 posts · joined Jul 2006 ·

#798515
i would push for your cash back. as stated "the vehicles we sell arn't acident damaged" and quite clearly this one is. a crashed car is NEVER as good as a straight one. to have the strut replaced and door hinges welded it has been a significant crash. try get the history of the car (even ask your insurer if they can look into it for you.
personally i would not take possesion of the vehicle contact the financiers (if applicable) and stop payments etc, they have a word with trading standards etc.
have a look rund their yard and see if theres another vehicle you fancy (or see if you can spot another smash job)
have you been to their workshops to see whats going on there?
the only car dealer you can trust is yourself!!
3 1959 cadillacs
1 musso
2 early notchbacks
2 split kombis
2 split panels
1 split ute
1 low light panel
1 ex-pmg bay
1 country buggy
1 beetle ute
1 14" syncro caravelle
1 16" syncro doka
1 golf cabrio
1 vw camper trailer
2 3meter bombs

squizy Thinking about another dub...maybe

4,082 posts · joined Dec 2002 ·

#798537
You bought the car in good faith thinking that it was not damaged. They lied to you pure and simple. I'd take it to the Ombudsman or Dept of Fair Trading and go from there. Get your money back.

wolfgang54 Officially Full-On Dubber

238 posts · joined May 2010 ·

#798541
have a smash repairer determine what was damaged, get a clear picture.. if it was a serious accident then the "reputable dealer" should do the right thing... otherwise lawyer. you could also ask the dealer to trade it (at purchase price) on another car they have.... win win for both sides
1954 Beetle
2003 Beetle 2.0
2004 Turbo Beetle 1.8
2007 Touareg tdi (retired)
2009 Pajero Tdi Shorty (retired)
2011 FJ Crusier
1973 P76

Wish list:

Porsche 550
zooey deschanel

cam070 Custom Title Time!

1,332 posts · joined Jul 2009 ·

#798549
Call Tracey at A Current Affair. While everyone may want to get on TV at some stage, I'll bet this isn't one of those occasions.

bertie_beetle Wolfsburg Wizard

446 posts · joined Aug 2004 ·

#798577
If negotiations with the dealership fail, there may be an external dispute resolution scheme in practice, probably administered by an industry association of which the dealership would be a member. You may be able to lodge a complaint with them. If that goes nowhere you can lodge a complaint with Consumer Affairs Victoria, however, being a regulatory body they are not usually in a position to help you get your money back, but they can investigate whether the dealership has breached any provisions of the state's relevant trading act. RACV might offer basic legal advice to members as well, so you could give them a call.

Cheers