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Damaged/defective new 328i upon purchase from Rusnak

3K views 8 replies 9 participants last post by  Greg@Pacific BMW 
#1 ·
In 2007, I bought a new 328i at Rusnak. About a year and a half into it, I noticed that my front passenger door was a slightly different shade of black than the rest of the car. Upon raising the issue with Rusnak, they assured me that if it was a defect matter, the problem would be taken care of without any problems; I just needed to drop it off on a Thursday in order to be analyzed by their regional specialist. Feeling quite confident in that, I didn't bring it in for several months (--to a half a year) because of an incredibly demanding job situation and because of a horrible experience with Rusnak earlier on that involved re-gluing a rubber strip around the car's back windshield (which resulted in a ton of clear glue handprints all over the back of the car [photodocumented] and multiple trips back to the dealership to fix the mess). For these reasons, I tried very hard to not let the door's slightly different shade of black bother me (and to just live with it)--as it's not obvious at all. But, over time, the door's color has bothered me, and I haven't been able to let it go.

I finally took car in to be inspected, and I was floored when they confirmed that an additional coat of paint was on the door but also stated they weren't responsible for it (per their records). I have NEVER touched the door, nor had I gotten into any sort of accident, etc. It was essentially their word against mine as to the origin of the door's extra layer of paint. According to BMW North America, this sort of defect is covered under warranty but is ultimately a matter between Rusnak and me. Again, I tried to just let it go and not let my anal side get the best of me.

At the height of my complaint to Rusnak and BMW NA (6/2010-11/2010), as documented in e-mail and service printouts, the car was under warranty. Since then, I've had more pressing matters on my plate, like leaving my job and moving home (Dec. 2010) to be closer to my dad because of his declining health. (He just passed away in December 2011.) The idea of going to Small Claims Court became much less important.

In Spring 2011, I again considered Small Claims but chickened out, afraid of Rusnak making me (the small guy) look like a foolish liar in court (as in something you'd see on TV). Today, though, the door continues to bother me. And, the ordeal is just as much a matter of principle as an irritation. The car is almost 5 yrs old and has 63K miles on it. I love it and plan on driving it for a very long time.

My QUESTIONS for anyone out there with advice are: Is it too late to go to Small Claims? Would you recommend Small Claims? Ever heard of any similar situations and their outcomes? Or, should I just pay to get it fixed myself (est. $1,500), for peace of mind? Any advice would be appreciated.

Thanks in advance,

Steve
 
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#2 ·
I can't imagine any judge is going to side with you five years after the fact. You've lived with it this long, just deal with it now.
 
#3 ·
Go on Judge Judy Make sure you bring all your paper work. GOOD LUCK
cheers
vern
 
#4 ·
Why bother. Its time to trade it in anyway, so get one from a different dealer and enjoy the new ride.:angel: Time to move on. BTW, while you are out shopping for a new car swing by the Kia store and try out the new Optima Turbo. A sweet ride for about 2/3rds the cost of a new 4 cyl 328 with much more standard equipment. Just an idea.:D
 
#5 ·
Time to let it go!
 
#6 ·
Timing is everything and you should've taken care of it when you had the chance, now its too late and you just have to suck it up and move on, its a lesson learned.:tsk:
 
#7 ·
You have statute of limitations problem. Depending on what your cause of action is against the dealership (i.e. fraud, breach of oral contract/agreement etc.), every state has laws that require you to bring suit in a certain amount of time. For a cause of action alleging fraud, California provides that you have three years to bring such suit; for breach of an oral contract/agreement, you have two years. Without knowing the specific facts of your case, I cannot determine what your cause of action would be, but for pretty much any cause of action, the statute of limitations period runs from 2-4 years. Therefore, no matter what you allege, your time has passed on this. There could be a question of when did this cause arise, the dealership would probably allege it arose at the time of purchase and the best you could argue for is it arose at the time when you notified the dealership of the problem (mid-2008). Either way, you are probably out of luck, as you are outside of that window.

Statue of limitations laws are there for a reason, so that there may be finality to disputes and so that no one can bring lawsuits 20 years later when it could be very difficult to gather evidence etc. If this issue still is bothering you, then you have to pay for it yourself. You simply have to chalk it up to experience that if you believe you have a cause of action, pursue it immediately or you will lose your right to sue.
 
#9 ·
Way to late to fight it now... Best just pay and have it fixed yourself....
 
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