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Old 08-18-2006, 02:40 PM
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supradupe supradupe is offline
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Location: IL und CH
Join Date: Jun 2006
Posts: 189
Mein Auto: 03' e39
Originally Posted by shaftdrive View Post

I had let this problem go as we never could find definitive "extensive diagnostics" criterion for the BMW dealership technician to run (which makes me all the more suspicious any tests were run at all). However, upon subsequent visits to the same dealership, a similar pattern emerged. Hence, I revisit this old topic to provide an update for the bimmerfest community.

Basically, this BMW dealership experience seems to meet the test for fraud:
1. A material false statement by the dealership.
2. Victim material reliance on that statement to agree to the service.
3. Damages occurred to the victim ($400).

In addition, there was intent to defraud, as no tests even exist (according to the technician "John" at that dealership who supposedly ran the non-existant tests); so the dealership never even planned on running them; and, there was the victim's sole reliance on the statements of the dealership, with the victim not being an expert and the dealership presumed to be an expert.

Seems to me this meets all the strict tests for fraud; hence my complaint to BMW NA Customer Relations about this dealership today.

I don't know why one got so hung up on the dead battery, it only cost a hundred bucks and change to replace. For the cars under warranty, the dealer will just replace it and pro-rate the cost to you, they won't even bother to diagnose why the battery is dead. And you paid what? $400 to get them diagnose? I think they charge you more because of your stupidity.
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