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 aintgotitmusthaveit
A.k.a.: Nick
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| posted on August 25th, 2010 at 06:00 PM |
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Legal advice wanted- bought a stacked car!!!
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?
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 helbus
A.k.a.: Pete S
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Mad fabricator, paint and body
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| posted on August 25th, 2010 at 06:12 PM |
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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!
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aintgotitmusthaveit
A.k.a.: Nick
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| posted on August 25th, 2010 at 06:21 PM |
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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!
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vwjon
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| posted on August 25th, 2010 at 06:27 PM |
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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!!
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squizy
A.k.a.: Paul
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| posted on August 25th, 2010 at 08:12 PM |
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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.
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wolfgang54
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| posted on August 25th, 2010 at 08:34 PM |
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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
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Porsche 550
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cam070
Custom Title Time!
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| posted on August 25th, 2010 at 09:07 PM |
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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.
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bertie_beetle
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| posted on August 25th, 2010 at 11:52 PM |
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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
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