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-   -   Car dealer sold me 335i claiming to have CPO (http://www.bimmerfest.com/forums/showthread.php?t=673417)

johntampa 01-30-2013 05:41 PM

Car dealer sold me 335i claiming to have CPO
 
I was wondering if anyone has any comments on this.

I recently bought a 2008 335i and was told that it had CPO and that there was about 1 year and half of warranty left.

I ended up buying the car only to find out today, day 6 of ownership, that in fact there is no CPO. To make matters worse, it turns out I have a number of things that need to be repaired on what was supposed to be a clean car.

The transmission was leaking, the washer fluid pump needs to be replaced, bulbs in the headlights need to be replaced, and there was some oil in the engine that the BMW service were suspicious about.

Since, I don't have any recourse I went ahead and had them do these repairs except for the washer fluid pump.
So that's $1,000+ today, and $400 for the wind washer pump which wasn't urgent and was leaking slowly. Also, they said they didn't see an oil leak and think the oil may be there from a prior oil change, however I feel like there might be some other serious issue going on.


The problem is that the salesman that sold me the car told me the car was worth 2K more because of the CPO and was using that as a selling point to get a better deal. Since I took his word that car had CPO, I didn't feel the need to go get the car checked out immediatley, which would have allowed me to get get out of the contract.

The salesman also told me the car was clean because the certification process requires that.

So I am on day 6, do I have an recourse? I haven't contacted the car sales place but I was wondering what my best course of action is?

Is there anything I can do?

sunny5280 01-30-2013 05:53 PM

Quote:

Originally Posted by johntampa (Post 7349431)
I was wondering if anyone has any comments on this.

I recently bought a 2008 335i and was told that it had CPO and that there was about 1 year and half of warranty left.

I ended up buying the car only to find out today, day 6 of ownership, that in fact there is no CPO. To make matters worse, it turns out I have a number of things that need to be repaired on what was supposed to be a clean car.

The transmission was leaking, the washer fluid pump needs to be replaced, bulbs in the headlights need to be replaced, and there was some oil in the engine that the BMW service were suspicious about.

Since, I don't have any recourse I went ahead and had them do these repairs except for the washer fluid pump.
So that's $1,000+ today, and $400 for the wind washer pump which wasn't urgent and was leaking slowly. Also, they said they didn't see an oil leak and think the oil may be there from a prior oil change, however I feel like there might be some other serious issue going on.


The problem is that the salesman that sold me the car told me the car was worth 2K more because of the CPO and was using that as a selling point to get a better deal. Since I took his word that car had CPO, I didn't feel the need to go get the car checked out immediatley, which would have allowed me to get get out of the contract.

The salesman also told me the car was clean because the certification process requires that.

So I am on day 6, do I have an recourse? I haven't contacted the car sales place but I was wondering what my best course of action is?

Is there anything I can do?

Unless you have something in writing I'm afraid you have little recourse. My advice would be to speak with the selling dealer and see if you can work something out. Be nice as they'll be more likely to work with you. If they refuse chalk this up to experience and let it go.

It's never fun to buy a new vehicle and then have to immediately spend money to fix unexpected problems. Hopefully this will be all the repairs necessary for quite a while and you can put this behind you.

But I have to ask: $400 to replace the windshield washer pump?

lqaddict 01-30-2013 05:55 PM

Who did you buy your car from? You should look up your locality legal code for implied warranty on the used cars, some states regulate used car market and the implied warranty periods and require the dealerships to have a customer signed order to refuse the warranty, I.e. sold "as is" to void implied warranty. Did you signed any such papers?
Find out if you have the implied warranty on your car and the terms, and then take it with the schmucks who sold you a junker.
Good luck.

johntampa 01-30-2013 06:12 PM

I live in Florida and I believe I have 3 days in which I could void the contract.

I traded in a G35 to buy this 335. I hardly ever had problems with the G, but I had 140,000 miles.

So I am really flaberghasted that a 37,000 mile BMW could have all these problems already.

At this rate it seems like I better buy an extended warranty.

On the positive side, the car itself is really sweet, and looks awesome and has some serious power w/ all the extras.

I thought BMWs were supposed to be reliable, but I don't have that feeling right now.

Also, I really feel the bumps on the road which is kind of disappointing.

Initially I was very happy after purchasing this car, but now I'm kind of leery about how often things are going to break down on this vehicle.

ptrcd003 01-30-2013 06:15 PM

Did you not get the CPO in writing? Did you not even call a BMW dealer and verify that the vehicle is still under warranty?

johntampa 01-30-2013 06:17 PM

Unfortunately I didn't get it writing. I guess I am too trusting of people.

The dealer did confirm no CPO.

mr29 01-30-2013 06:18 PM

if you have 3 days grace still take the car back and after its all signed and etc call the bbb on the dealership they took you for a sucker

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johntampa 01-30-2013 06:27 PM

The funny thing is I sort of liked the sales guy because he wasn't pressuring me to buy the car.

I don't know if he just made an honest mistake, but I really don't how he could have mistaken it as having CPO.

So I will go back and be cordial about it and see if he will do something for me.
If it was an honest mistake maybe he can offer me something, but I can't imagine they would compensate me with some type of refund.

sunny5280 01-30-2013 06:35 PM

Quote:

Originally Posted by johntampa (Post 7349498)
I live in Florida and I believe I have 3 days in which I could void the contract.

Unlikely. "Buyers Remorse" laws tend to apply only to home solicitations (i.e. where they come to your home). I'd investigate if Florida has a buyers remorse law and what it applies to. I wouldn't be surprised to learn you have no recourse under this law. That's the way it is here in Colorado and it's widely misunderstood. Enough so the last few vehicles I purchased specifically had a document I had to sign stating what the law covered and that I undestood as much.

sunny5280 01-30-2013 06:40 PM

Quote:

Originally Posted by johntampa (Post 7349498)
I thought BMWs were supposed to be reliable, but I don't have that feeling right now.

Don't let this be indicative of the quality of BMW. With so few miles it may be the prior owner didn't take good care of the vehicle. Or you just happened to get a bad one.

mr29 01-30-2013 07:12 PM

from my under standing the cpo is removed by the bmw dealer so the dealer knew full well what was up before he sold it to you

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sunny5280 01-30-2013 07:39 PM

Quote:

Originally Posted by mr29 (Post 7349682)
from my under standing the cpo is removed by the bmw dealer so the dealer knew full well what was up before he sold it to you

Do we know the selling dealer was a BMW dealer?

CALWATERBOY 01-30-2013 07:53 PM

1 Attachment(s)
Quote:

Originally Posted by johntampa (Post 7349542)
The funny thing is I sort of liked the sales guy because he wasn't pressuring me to buy the car.

I don't know if he just made an honest mistake, but I really don't how he could have mistaken it as having CPO.

So I will go back and be cordial about it and see if he will do something for me.
If it was an honest mistake maybe he can offer me something, but I can't imagine they would compensate me with some type of refund.


>AHEM<

The best con man is the one you just know is a good guy!

Attachment 359932

Realize:
  • The people you purchased from are dung
  • They lied, and will lie again
  • Talk is so cheap that it's worth nothing at all
So, now, NO FEAR! Ask for compensation, i.e. fix the problems, the best you can hope for. After you get all you can get, keep complaining to them that the car was sold to you with issues, issues not disclosed, and contact govt types as may apply as well as a scorching Yelp review and notice on all BMW boards.

Serve it up cold.

mryakanisachoad 01-30-2013 09:08 PM

That's messed up

Car salesmen never seem to do the right thing

mryakanisachoad 01-30-2013 09:13 PM

Small Claims Court is your friend...


Car dealerships hate small claims court because everyone hates used car salesmen if you know what I mean ...

deanpeterson 01-31-2013 03:19 AM

Scary - buying a car from a dealer is just painful! So many angles and upgrades - rather go to the dentist! Used to be guys you could pay to go in and do it eh!

chris328 01-31-2013 06:36 AM

i see this happening all the time / similar posts. so many sketchy car dealers out there. i knew this kid once and his dad was a car dealer, the kid turned out to be a huge prick. i would never buy a used bmw.

deanpeterson 01-31-2013 07:01 AM

Quote:

Originally Posted by chris328 (Post 7350347)
i see this happening all the time / similar posts. so many sketchy car dealers out there. i knew this kid once and his dad was a car dealer, the kid turned out to be a huge prick. i would never buy a used bmw.

But buying new is as bad isn't it - the upsells and the warranty and what about the magic spray in the interior so lasts 30 years and on and on! I googled but can't find anyone that does this for you now - I know there was a business created because people hate dealing with car guys period! Last time I bought new - was under warranty BUT every time I went there I had to do things to keep the warranty up - flush this - drain that - I check my receipts at the end of the year as I work for myself - am out $1,500 for getting oil changes and keep up warranty! After that I went to mr lube - dealership is on big push to fix it all - money is in service - manger of service is on huge kickback bonus program! Makes me want to buy a horse!

chris328 01-31-2013 07:12 AM

yeah well i should probably say that isn't true for ALL dealers. i lease and the guy i went through was cool. i am about to get a house so buying is not in my cards.

vrmoreno3 02-01-2013 06:39 AM

I read as much as I could. If bought from a BMW dealer, they typically always CPO a used car if is within the time frame for doing so. Also, I think only BMW dealers can CPO a BMW, your ordinary used car dealer or any other dealer cannot do this to another manufactures vehicle.

furby076 02-01-2013 11:18 AM

Document everything. Document your conversation (so you can recall it).
1) Go to sales manager, be nice, and explain the situation. in all honesty if the guy claimed it state that. Also, if a week after you bought it all these things broke then they knew about it - but be nice. Cause it won't help if you are not. The sales manager might help. Back in 2000 I bought a dodge intrepid and the sales person said I would get a CD player installed and to bring car back a week after I bought it. I bought the car and the sales person decided that was not part of the deal. I spoke with the sales manager, he reamed out the sales person, and installed a cd player. So yes this can work
2) If it doesn't work check the laws and call a lawyer and go to court. Don't mention law or court to the sales manager...if you do he will shut down
3) If step 1 doesn't fail also contact BBB and file a claim


EDIT: AFTER you do step 1, come back here and tell us the name of dealership and sales person so we can avoid that place and person. If the manager fixed it no need to do so

sunny5280 02-01-2013 12:17 PM

Quote:

Originally Posted by furby076 (Post 7353157)
EDIT: AFTER you do step 1, come back here and tell us the name of dealership and sales person so we can avoid that place and person. If the manager fixed it no need to do so

I'll probably catch hell for this because I did the last time I suggested this but what is to say the OP didn't misunderstand the situation? We only have his side of the story. Not trying to blame the OP but it's unheard of for a buyer to be thinking one thing and the seller another.

E92-Lighting 02-01-2013 12:45 PM

sorry to hear

johntampa 02-03-2013 09:29 AM

Just providing an update.

I sent an email to the owner and manager detailing exactly what happened with the car purchase.

I have not received a email/phone reply at all from the car dealer. Just no response whatsoever.

I understand I signed a contract and really don't have any recourse, however I did post some negative feedback on a few car dealer review sites just yesterday.

I checked their BBB history and they have A- rating.

I was thinking about submitting a complaint to BBB, but I think I will just cut my losses and and buy an extended warranty and get on with life..

Extended warranty is $3,200+ (this is an expense I had not planned for)
I already paid $700+ for radiator leak repair, and need a washer pump replaced for $400 (I know this is ridiculously expensive)


Oh well.. lesson learned.

mr29 02-03-2013 09:38 AM

and this is how some dealers make their money.I'm sorry they did this to you op

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