Major problem, dealer didn't disclose damage

[zzzdoc]

Please read and give input on what you would do.
I tell my bmw dealer what I want with options and try to find a 09 so i can get the 0.9% finance. They find the perfect car with every option i am looking for that is new with about 35 miles on it. It is in Miami and I pull the trigger on it 5 months ago. The dealer shipped it to my dealer and I did all my paperwork with my dealer. I get door ding and try to have popped out at local body shop and they notice my driver side has been painted. The do some diggin for me and notice it was damaged in Miami. I call my dealer where I bought it and they tell me we just found this out also because my body shop called them and miami to get to the bottom of it for me. The next day the GM calls me and ask me what do I want. I have spoken to a few attorneys and they want to play ball. What advice do you guys have. A few things I need to do. First figure out exact damage in Miami and the value presently on my car. Second the dollar amount that is knocked off for a wrecked/painted car. Up for thoughts????? thanks

[MMMorish]

Sell the car back to them at full purchase price, get them to order you a competition package, and get them to give you the new car at 0.9% financing.

Done! Everyone's happy!

[frenchM3dreamer]

find out what the damage was (door only or more) if door only, get them to give you a new door for free (not repainted, a brand new one), end of story...
if not, full refund...

[spicoli024]

Did you ever tell them you were looking for a car that was not involved in any kind of accident because you do not mention that here. I feel like the issue is with the dealership in Miami, not your local dealership. Your local dealership simply looked for the car you wanted based on your specifications and found it for you. The dealership in Miami should have disclosed this incident from the beginning. Did you ask if it had been in an accident before you purchased the car? If not, I think it is just as much your fault as your local dealerships. I would team with them and fight the dealership in Miami for false advertisement then have a diminished value claim drawn up and threaten to sue them for the difference if they do not compensate you.

[zzzdoc]

So far thanks for all the input. When I went to the dealership I was told it had never been in any collision/repair or anything, it had a clean history. I already have a big attorney on the case and he believes it is the dealership's fault who you did transaction with. It falls under the deceptive trade practices, not only does it reduce value of your car but also is illegal in texas. Keep the thoughts coming, I appreciate it. Just trying to think this out.

[cap_freez]

A car with 35 miles is supposed to be new and not repainted. It was probably damaged during shipping and they covered it up.

[zzzdoc]

calling miami now to get detailed damage report

[RevFreak14]

Originally Posted by MERCSUk153

Obviously you must be drunk! This is the worst advice ever. The gentlemen bought a new car so why would he ask if their is any damage to it. It should be assumed that their is no damage. Secondly why sue for diminished value when he can easily ask for a new car.
I would not ask for damage or any other info. Tell them to take the car back and order you a new car with the reduced financing otherwise call your lawyers.

He's not drunk. Dealers are well within their rights to fix any minor COSMETIC damage that a car suffers in transit. They can either sell the car as is with the damage or fix it to their standard of "new" and sell it as a brand new car. Obviously 99 times out of 100, if the damage is minor (ie scratched paint, small dings or dents) they will have the body shop repair it and sell it as a new car. They are not required to disclose minor cosmetic repair unless the customer asks about it specifically. Even for a new car. As shady as it sounds you'd be surprised how often this happens. I worked summers at two seperate car dealerships when I was younger and this was not an uncommon occurence. Cars are constantly coming in with minor damage caused by the lovely people moving them around at the port. And once the container ship reaches the port, the car is the dealers responsibility. It sucks, but it happens more often than you think.



-------------------------------------------

09 E92 M3 - Current
05 E46 M3 - Gone
02 330ci - Gone

[MN M3]

Originally Posted by RevFreak14

He's not drunk. Dealers are well within their rights to fix any minor COSMETIC damage that a car suffers in transit. They can either sell the car as is with the damage or fix it to their standard of "new" and sell it as a brand new car. Obviously 99 times out of 100, if the damage is minor (ie scratched paint, small dings or dents) they will have the body shop repair it and sell it as a new car. They are not required to disclose minor cosmetic repair unless the customer asks about it specifically. Even for a new car. As shady as it sounds you'd be surprised how often this happens. I worked summers at two seperate car dealerships when I was younger and this was not an uncommon occurence. Cars are constantly coming in with minor damage caused by the lovely people moving them around at the port. And once the container ship reaches the port, the car is the dealers responsibility. It sucks, but it happens more often than you think.

100% correct. Anyone remember the 1995 BMW v. Gore case out of the US Supreme Court? The Supremes specifically said you cannot hit a company with a huge penalty for a minor event like this. The fact that a car company (or dealer) repairs minor cosmetic or mechanical damage that occurs and then sells the car as new isn't shocking, and it isn't illegal. The dealership in Miami had a duty to disclose the repair, that's true. And, there is some sort of minor diminished value here, but it isn't much of anything. If the door got dinged up, and it was property repaired, I fail to see what the problem here is. The OP's "big attorney" is going to charge him WAY more than what he could possibly get in the way of "nuisance money" from the Miami dealership.

BTW - suing in Texas for a failure to disclose in FL? The OP admits that his purchasing dealership had no knowledge of the repair, so suing them is not going to work. That leaves traveling to FL to sue. Good luck with that - this case isn't worth pursuing. Negotiate some minor offset of the purchase price (which was paid IN FULL months ago) and move on.

[zzzdoc]

Called Miami and waiting to hear back from body shop mgr. I requested them to fax damage report and repair. The lawsuit is not regarding Miami, I never did any transaction with them, but rather with Texas. I don't think it is legal to sale cars after they have been wrecked for full price and not disclose this information when asked. I mean don't get me wrong, I don't have JD after my name but the JD i hired is all excited and is a big dog. I do know that I had my body shop look over my car and the entire right side from front to back has been painted. This doesn't sound like an opps scratch. My body shop said they can sand down paint and look for bondo or I can try and get my hands on the body shop report in Miami.
Again guys/gals keep it coming.
A settlement does seem likely esp after the GM was throwing around figures of 2 to 4 k to forget about it. This lets me know that the damage and depreciation is much more than this on a NEW car.

[m33]

The way i look at it , im the one with the cash , im the incentive ! The consumer has every right to be notifyed before purchasing if there is any defects even though defects are expected only God is Perfic!
Fair Game

[SUB-ZERO]

Good luck man! Sue the shit out of those crooks.

-SZ

[zzzdoc]

Thanks everyone, after work I am going to another dealership and get a few quotes on what they would pay for my car now vs what I owe and what depreciation would they suggest with its damage if they were the ones buying it from it miami or anyone else off the street.
thanks again

[comebackid]

Originally Posted by zzzdoc

Please read and give input on what you would do.
I tell my bmw dealer what I want with options and try to find a 09 so i can get the 0.9% finance. They find the perfect car with every option i am looking for that is new with about 35 miles on it. It is in Miami and I pull the trigger on it 5 months ago. The dealer shipped it to my dealer and I did all my paperwork with my dealer. I get door ding and try to have popped out at local body shop and they notice my driver side has been painted. The do some diggin for me and notice it was damaged in Miami. I call my dealer where I bought it and they tell me we just found this out also because my body shop called them and miami to get to the bottom of it for me. The next day the GM calls me and ask me what do I want. I have spoken to a few attorneys and they want to play ball. What advice do you guys have. A few things I need to do. First figure out exact damage in Miami and the value presently on my car. Second the dollar amount that is knocked off for a wrecked/painted car. Up for thoughts????? thanks

This is off topic, but I'm curious. You got an 09 M3 with 35 miles at 0.9%? I didn't know BMW was offering these rates on new or CPO M3s over the summer. On what terms?

[mkPOTO]

get the money back and take it back.. miami is notorious for shaddy business with cars, my dad who owns a dealership never buys cars from miami because there is so much shit that they usually dont notify (like accidents and if the car is stolen blah blah)

[zzzdoc]

Originally Posted by comebackid

This is off topic, but I'm curious. You got an 09 M3 with 35 miles at 0.9%? I didn't know BMW was offering these rates on new or CPO M3s over the summer. On what terms?

60months and in Aug

[CATCH_M3]

Subscribed.
Weren't a bunch of 08 M3s damaged on the boat on the way to North America?
My friend who is a bodyman told me my rear bumper had been removed before.. Possibly painted; couldn't confirm any other bodyparts. Let us know how this goes!

[positiveions]

I don't know about the rest of the states, but here in California, if any car, on the lot had a significant damage of $500 and less it does not need to be reported to the DMV. Thus, what these dealers would do is they would hire some guy in a truck that goes around and repaint stuff for cheap.

[///M Rakete]

I think that vehicles damaged in transit and repaired need not be reported to the buyer unless such damage is greater than 3% of the value. Maybe the door was damaged on the ship and the damage was repaired at the VPC. If so it's no big deal. Little things are fixed on the cars all the time.

[spyderco10]

Originally Posted by CATCH_M3

Subscribed.
Weren't a bunch of 08 M3s damaged on the boat on the way to North America?
My friend who is a bodyman told me my rear bumper had been removed before.. Possibly painted; couldn't confirm any other bodyparts. Let us know how this goes!

yes
http://www.autoblog.com/2008/01/14/o...d-in-shipping/

[BaLLzZz]

This happen to my cousin on a 325ci at the time. It is FRAUD. They gave her a brand new 330ci m sport blaa blaa to avoid legalities. I would suggest you calling BMWNA directly telling them your story and telling them you want a new m3 with comp package etc etc or you plan to take legal action because this is fraud. You will get what you want good luck hope you don't have to take legal action because it takes forever and bmws legal department is bigger then Bavaria.

[///M Rakete]

Have your dealer get on DealerSpeed (DCSnet) and run a Warranty Vehicle Inquiry report. It will show any work done at the VPC/port.