[Usser555]

BMW are great cars. I always had a great experience with different BMW dealerships.

About 3000 cars most likely will be recalled and replaced with new cars. And I'm glad that BMW is taking care of that.

Everybody has different experience with their dealerships. Most of owners are extremely happy with new replacements and how it is being handled by dealerships, but some of owners are not. It would be great to get as much as possible information about what are our rights and what can we ask for.

Below are some rumours:
(please feel free to confirm the info or post corrections)

1. all affected cars have to be inspected
2. inspection is here to decide either they take your car immediately, or if they will allow you to drive it till the replacement arrives.
3. however, if your replacement is not arrived until end of October recalled car may be taken away anyway
4. when recalled car is taken away loaner is provided by dealership
5. the current deal/contract will be completely cancelled and all payments made for the current car will be refunded
6. the new deal will be worked out with the same dealership.
7. the replacement car will have all financial obligations from scratch, for example, if the current car is 4 month old lease, it won’t count, the lease will start from scratch.
8. mileage put on the recalled car won’t matter. Any wear won’t matter neither.
9. By default new deal has to be as close as possible to the current deal. Monthly payments should stay same or better, even if the price of the new vehicle or interest gone up, unless the client decides to downgrade, upgrade or choose another model.
10. If 2015 models are not available clients can get 2016 for the same price.
11. If 2016 models have higher interest (which will make monthly payment higher), they can not change the interest of 2016, but they will have to reduce the total purchase price to match recalled vehicle monthly payments.

This is everything so far I could put together from what I’ve heard.

There are still unique situations and other open questions:

Q1: When the refund will be provided? At what stage? Is it somehow connected to the new deal?
Q2: Can the client walk away from a new offer if he/she doesn’t like it?
Q3: Can dealerships force the client to get another model because they can not or don’t want to wait long for a factory order?
Q4: I’ve heard that I could keep my car if I sign a waiver. Is it true, and will they ask for remaining balance? (the car goes to crasher anyway, at least they make money by not refunding what is already paid)
Q5: If 2015 model still available, can the client decline it and ask for 2016? Considering it is a new deal and for example the lease will start from scratch and end later than the first initial lease, which will make the car less of a value at the lease end.
Q6: If individual paint is not available in 2016, can they still manufacture it?
Q7: Can the client choose to deal with another dealership in regards to recall and replacement?
Q8: Can the client ask for European delivery?
Q9: Can the client ask for European delivery, even if the acceptable car is available in Canada?

Everything above are just the rumours and are not confirmed, please do share your experience.

Best of luck with this recall.

[Beowulf65]

From the Transport Canada Recall:

"Some vehicles will be taken out of service immediately and owners will be provided with temporary transportation until a new replacement vehicle is available. All other vehicles are cleared of this safety concern and may continue to be driven until a new replacement vehicle is available. Due to potential concerns about long term vehicle quality, all affected vehicles will ultimately be removed from service."

I have been told we will receive a loaner and that:

" If we are unable to source a suitable 2015 model we will explore the option of a 2016 model. Our goal, in partnership with BMW Canada is to ensure that you are provided with the same or better vehicle for the same price as what you currently have now."

That's all for now.

[Usser555]

Originally Posted by Beowulf65

From the Transport Canada Recall:

"Some vehicles will be taken out of service immediately and owners will be provided with temporary transportation until a new replacement vehicle is available. All other vehicles are cleared of this safety concern and may continue to be driven until a new replacement vehicle is available. Due to potential concerns about long term vehicle quality, all affected vehicles will ultimately be removed from service."

I have been told we will receive a loaner and that:

" If we are unable to source a suitable 2015 model we will explore the option of a 2016 model. Our goal, in partnership with BMW Canada is to ensure that you are provided with the same or better vehicle for the same price as what you currently have now."

That's all for now.

Thanks for keeping us updated.

[vince88]

9. New deal has to be as close as possible to the current deal. Monthly payments should stay same or better, even if the price of the new vehicle or interest gone up.
Incorrect. Can chose to go from 435 to 428 or whatever. No problem whatsoever.

Q1: When the refund will be provided? At what stage? Is it somehow connected to the new deal?
Payments made, excluding first payment, are refunded into your account within a week or 2. Mine came in a week later. Not connected unless you decide to dump it into new car. First payment is most likely dumped into new deal.
Q2: Can the client walk away from a new offer if he/she doesn’t like it?
Yes, confirmed. I chose not to even though my car can not be replaced.
Q3: Can dealerships force the client to get another model because they can not or don’t want to wait long for a factory order?
No!
Q4: I’ve heard that I could keep my car if I sign a waiver. Is it true, and will they ask for remaining balance? (the car goes to crasher anyway, at least they make money by not refunding what is already paid)
Neither, would defeat the purpose of the recall and ruin their name if anything happened.
Q6: If individual paint is not available in 2016, can they still manufacture it?
No, my car was Santorini Blue and it can not be reproduced whatsoever.

[mjf2k]

Vince88 were you able to get the same financing or lease rate you had before?

Did you have tints and did they cover the replacement costs for that? I had third party tints done and trying to get the money back for that.

Still waiting for my car to arrive and my salesman is still giving my "maybes" as answers.

[Usser555]

Originally Posted by vince88

Q2: Can the client walk away from a new offer if he/she doesn’t like it?
Yes, confirmed. I chose not to even though my car can not be replaced.
Q6: If individual paint is not available in 2016, can they still manufacture it?
No, my car was Santorini Blue and it can not be reproduced whatsoever.

Hi Vince,

Thanks for your reply.
- Did you decide to get 2016 435i M Performance Edition?
- If so, what colors they had available including individual colors (if they allow to choose)? I’ve heard about 4 only: Black, White, Dakar Yellow II and Lava grey (which is almost black and which is extremely disappointing that it is not grey)
- What did they do with a higher interest rate, did they compensate for it?
- Did they provide any compensation in any form?

Thanks

Peter

[vince88]

Originally Posted by Usser555

Hi Vince,

Thanks for your reply.
- Did you decide to get 2016 435i M Performance Edition?
- If so, what colors they had available including individual colors (if they allow to choose)? I’ve heard about 4 only: Black, White, Dakar Yellow II and Lava grey (which is almost black and which is extremely disappointing that it is not grey)
- What did they do with a higher interest rate, did they compensate for it?
- Did they provide any compensation in any form?

Thanks

Peter

Hey,

- No I decided to sadly downgrade for many reasons.
1) Santorini blue was what sold me to the car. Not the carbon fibre and all the extras (they were amazing but really was the colour that I fell in love with). I used to get out of the car to stare at it... lol
2) I just bought a house and I have to be reasonable with my car payments while it's getting built.

- No individual colours available for M Perf editions. They had a white, a black, a red, a lava grey and a Dakar Yellow.
- If I was to chose to get the same car with a higher interest rate, they would have fixed it so that my payment remained the exact same. My dealer is by far the best and a lot of people are having issues with this point exactly.
- Compensation was def provided. Tints will be done there and not at a shop, they gave me the car at "cost" price of course. Basically getting a brand new car at the price of a demo.
- Payments were refunded very quickly into my account.

I'm really happy with BMW Laval although I did lose the car I really love, but it's not their fault at the end of the day and I'm happy with BMW for doing this. Audi and Benz are not recalling their cars and that's gonna tarnish their name. BMW won't have it and my hat's off to them.

And if it wasn't for my SA: Nick Loffreda at BMW Laval, trust me I would have walked to another company. This is the 5th car he sells me and I don't shop around at all. He's the best there is. End of story.

[Usser555]

Originally Posted by vince88

Hey,

- No I decided to sadly downgrade for many reasons.
1) Santorini blue was what sold me to the car. Not the carbon fibre and all the extras (they were amazing but really was the colour that I fell in love with). I used to get out of the car to stare at it... lol
2) I just bought a house and I have to be reasonable with my car payments while it's getting built.

- No individual colours available for M Perf editions. They had a white, a black, a red, a lava grey and a Dakar Yellow.
- If I was to chose to get the same car with a higher interest rate, they would have fixed it so that my payment remained the exact same. My dealer is by far the best and a lot of people are having issues with this point exactly.
- Compensation was def provided. Tints will be done there and not at a shop, they gave me the car at "cost" price of course. Basically getting a brand new car at the price of a demo.
- Payments were refunded very quickly into my account.

I'm really happy with BMW Laval although I did lose the car I really love, but it's not their fault at the end of the day and I'm happy with BMW for doing this. Audi and Benz are not recalling their cars and that's gonna tarnish their name. BMW won't have it and my hat's off to them.

And if it wasn't for my SA: Nick Loffreda at BMW Laval, trust me I would have walked to another company. This is the 5th car he sells me and I don't shop around at all. He's the best there is. End of story.

Thanks for your reply Vince
Have a great evening.
Peter

[vince88]

Originally Posted by Usser555

Thanks for your reply Vince
Have a great evening.
Peter

My pleasure Peter.

As for the compensation goes, I forgot to add that, as soon as I brought my car in, I got a loaner (328 xdrive M sports, fully loaded) at no cost. Brought it back on August 28 and my new car will come in 2 weeks roughly.
That's a month long, free of charge.

[mjf2k]

Any success stories out there? Mine is getting messier by the day and still have no car to take home.

[mjf2k]

Did any of you actually get your former payments refunded? They are still taking payment from my bank account even though I have no car..

[bd7069]

Just started the process today. I have a bad feeling about this. Keep you posted.
My dealer has to deal with 70 people like me. We should organize and work as a team.

[Usser555]

Originally Posted by mjf2k

Did any of you actually get your former payments refunded? They are still taking payment from my bank account even though I have no car..

Perhaps until you return you car officially, they will continue taking your payments, however, you can take ALL your payments back after you return recalled car. They can not keep your money unless you give them permission to use it as a downpayment for your next purchase. I'm taking everything back as soon as I return my car.

[mjf2k]

They took my recalled car over a month ago. I asked him to stop payments and he said he couldn't.

[Usser555]

Originally Posted by mjf2k

They took my recalled car over a month ago. I asked him to stop payments and he said he couldn't.

Try to call Bmw financials and ask them about your account and when will you receive your payments back. Tell them your story and find out why the payments can not be stopped. You can even call today and check trough automated system what is the status of your account, balance etc.

[Beowulf65]

For anyone who may not have seen my post in another forum:

We will be paying about $1400 more in total for a 2016 (435i xDrive Gran Coupé) with about $3000 of extra features over our 2015. This includes the fact that the new loan is at 2.9% rather than 1.9%. All of our previous payments, trade-in value and deposit will be applied to the new car. We will also get the same PPF we had on our 2015. In the end it is a good deal with fair compensation (newer car, more features, 7 months of driving a 4 series GC for free...2 of those months are in a loaner 4GC). Overall, I would say we are splitting the price difference. Our loan payments on the 2015 have been stopped and our new car should arrive mid-November...until then we have a 2015 428i xDrive GC as a loaner.

[bd7069]

You are lucky with $3K of extra options. In my case, BMW could not get what I used to have. So far, received 2 low ball offers. I will insist on same configuration and same financing. It is not my fault and I will not pay for it, BMW should.

[Beowulf65]

Originally Posted by bd7069

You are lucky with $3K of extra options. In my case, BMW could not get what I used to have. So far, received 2 low ball offers. I will insist on same configuration and same financing. It is not my fault and I will not pay for it, BMW should.

Yes, we have been lucky, as our exact car is still being offered with the addition of fog lights...however it has not been easy. Note that the extras are about $1400 on the 2016 packages. On the 2015, they would have run around $2500. The $3K includes the extra interest at the higher loan rate.

If you get to drive your old car for a number of months for no charge, get a loaner for no charge and get a new car, that goes quite a way to constituting fair compensation. Figure out exactly what you would have paid for the old car in total and then do the same for the new car offer. If they are close that is not too bad...assuming you get a car you want.

In our case we are getting some extras and basically paying for them, but the other points noted above do constitute fair compensation.

[mjf2k]

Just left a post on another thread..

BMW has still been taking payments from me which I thought was okay BC the sales agent said I would get it all back.
They want to use all of those payments as a "rental fee" for driving the old car plus this enterprise rental and then charge me for a new car in entirety...

Not happy.

[Beowulf65]

Originally Posted by mjf2k

Just left a post on another thread..

BMW has still been taking payments from me which I thought was okay BC the sales agent said I would get it all back.
They want to use all of those payments as a "rental fee" for driving the old car plus this enterprise rental and then charge me for a new car in entirety...

Not happy.

I spoke with a BMW Canada customer service representative and was told that each dealer works out their own arrangements with individual customers. I rather suspect that the dealers are getting some form of credit for the cars returned...how much, I could not say.

We bought our car and our financial contract has been closed and all payments are being returned to our account. We will apply our payments as a down payment on the new car. We also have been given a loaner at no charge.

BMW dealers are of course learning as they go along in this process...pretty much a first time for Canadians, I think. In consequence, each dealership has to take into account how many vehicles have to be replaced and how much it will cost them. In Toronto, for example, I was told that some dealerships are dealing with hundreds of cars to replace. Other factors would include the cost to provide loaners versus rental cars; how expensive your vehicle was in the first place. How much they want to keep your business, whether the replacement has to be a 2016, etc.

Negotiate! If it doesn't look fair, challenge it. You no longer have the car, the returned payments are your money. I seriously doubt that a dealer can declare a "retroactive" rental agreement. That is simply trying to reduce any cost to the dealer and reduce any compensation that would be fairly due to you as a result of BMW's mistake in selling the car in the first place.

Keep in mind that if you are not happy and cannot work out a mutually satisfactory agreement (you must try to do so first): "...you may contact the Ontario Motor Vehicle Industry Council as the administrative authority designated for administering the Motor Vehicle Dealers Act, 2002." This is from a notice on our sales agreement.

https://www.omvic.on.ca/portal/Consu...omplaints.aspx

[mjf2k]

Thanks Beowulf.. Good to know someone else in Toronto has had better treatment so I can start comparing with the dealer.

[Beowulf65]

Originally Posted by mjf2k

Thanks Beowulf.. Good to know someone else in Toronto has had better treatment so I can start comparing with the dealer.

Actually, I'm in London...but no need to mention that.