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Discussion Starter #1
I leased a 2018 bmw X3 without the factory installed hitch and it was written into, by way of a written "we owe you" tag, and price of the hitch included in the lease contract. My BMW salesman looked into the price and installation of the hitch pricing through available BMW pricing to arrive at the cost. Now after a month I make an appointment with service and they take the car and then say BMW NA is not letting them have hitches for dealer installation, even though they show available for order. So my question now is what should I do? I hate to contact a layer to review this but I'm paying for the dealer installed hitch in my monthly payment yet they cannot get one to install. My salesman emailed someone a few weeks ago at BMW concerning this but I've yet to hear from him.
 

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Escalate in the dealership, if you have not already. If BMW wont let them buy it, then you should get it refunded against your lease contact. Your dealer will likely be able to do that (the sales manager or GM certainly can authorize that). Now, forcing "BMW" to install a trailer hitch that they cant get, you likely cant force anyone to do that.

your options are:

1. wait to see if BMW will eventually let the dealer buy the trailer hitch for install
2. tell your dealer you do not want to wait anymore, and you would like them to refund against your lease deal the amount of the trailer hitch they charged you.

Not sure why you would start talking about lawyers unless you asked for a refund and they said no.
 

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Thanks, the only problem is that I need a vehicle with a hitch and now there are no ways to get one on this vehicle. There are no aftermarket hitches available for it yet.
 

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Thanks, the only problem is that I need a vehicle with a hitch and now there are no ways to get one on this vehicle. There are no aftermarket hitches available for it yet.
ok.. so you need a trailer hitch, but the dealer can not provide one. I am not a lawyer, but I have no idea what you would expect a lawyer to be able to accomplish for you in this situation.

A lawyer cant make "BMW" (as in BMW NA) sell a trailer hitch to the dealer if they dont want to for some reason. Your agreement is with your dealer (who is a separate entity, remember). A lawyer could get the dealership to refund your money (and maybe something extra if they pushed.. ).

Maybe a lawyer could get them to unwind the deal all together if you no longer want the car because of the lack of trailer hitch? That might be something that they could do, but no idea what that would cost you if it was even possible (you would need to check with your lawyer on that).

At some point there will likely be a third party hitch solution. I am surprised that there isnt one already (I dont have toys to tow, so have never looked into it). Have you checked with the "stealth hitches" or other popular trailer hitch companies on what their time frame is?
 

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ok.. so you need a trailer hitch, but the dealer can not provide one. I am not a lawyer, but I have no idea what you would expect a lawyer to be able to accomplish for you in this situation.

A lawyer cant make "BMW" (as in BMW NA) sell a trailer hitch to the dealer if they dont want to for some reason. Your agreement is with your dealer (who is a separate entity, remember). A lawyer could get the dealership to refund your money (and maybe something extra if they pushed.. ).

Maybe a lawyer could get them to unwind the deal all together if you no longer want the car because of the lack of trailer hitch? That might be something that they could do, but no idea what that would cost you if it was even possible (you would need to check with your lawyer on that).

At some point there will likely be a third party hitch solution. I am surprised that there isnt one already (I dont have toys to tow, so have never looked into it). Have you checked with the "stealth hitches" or other popular trailer hitch companies on what their time frame is?
Wow you're really hung up on the word lawyer, maybe you didn't fully understand my original post were I wrote this "I hate to contact a layer to review this ..". What I'm writing on this board for is to see what other people who work at a dealer recommend. Thanks for your info so far, I'll wait until the new year and contact my salesman to see if he's heard anything.
 

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To OP, my take is that the dealer should negotiate with BMWFS to get the BMW OEM hitch installed, or else the dealer should allow the lease to be backed out, since the "parts owed to customer" agreement is breached without the promised hitch.
 

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To OP, my take is that the dealer should negotiate with BMWFS to get the BMW OEM hitch installed, or else the dealer should allow the lease to be backed out, since the "parts owed to customer" agreement is breached without the promised hitch.
The problem is that it is a factory installed hitch. A dealer is not going to have the ability to install that hitch.

There are only 4 "realistic" options at this point:

1. Keep the X3, wait for an aftermarket hitch (or dealer hitch) to be available, and get the cost of the hitch in your lease reduced from the end of the lease (less payments.)

2. Trade the X3 in for a new one with the OEM hitch installed. Hope the dealer makes it an amazing deal.

3. Fight with BMW FS for a contract cancellation. Highly unlikely.

4. Work with BMWFS and your dealer to get a "substitution of collateral" for the lease. They get an X3 with a hitch that is close to the MSRP of the current X3. FS can then (possibly) re-write the contract to be on the new VIN.

Here's my 2¢: Don't keep waiting for the salesperson to give you a solution. Resolution on this is way out of her/his pay grade. The clock is ticking on your resolution, and s/he has moved on and hope it goes away. I know.

You need to be 100% proactive. Speak with the General Sales Manager and/or the GM. Call BMW Customer Service. Call BMWFS customer service. You MUST get this issue noted in their systems for anything to be done.

The longer time goes buy, the less options you will have.
 

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Good advice from MJ....


Legally the dealer acted in bad faith and defrauded you.

They (not BMWNA) are on the hook for your damages. A resolution is 'take the car back refund all fees' or 'take the car back, replace with car that has hitch'. (I.e. The replacement MJ mentions.)

OP- there is **no** dealer that will resolve this in your favor, they will bob and weave, delay, obfuscate, for as long as possible..... The ONLY path is for you to play serious hardball.

Are you communicating in written letters (even PDFs attached to emails are fine.). A paper letter reduced to a PDF makes a MUCH better legal exhibit, or even email attachment than 'let me give you a screenshot off my phone of the text I sent'. A telephone conversation is nothing. You need to start thinking about your end game (you are very lucky you have a 'we promise you' document...)

I would put together a demand letter that outlines what they did wrong and your demands. Paper. Addressed to the GM or owner of the dealership. Send it certified AND hand deliver to the GM. Basically 'I bought this; you did this; this isn't avaiblae' you knew or should have known; this act is a violation of XYZ; the resolution is one of 3 things: deliver a BMW hitch; refund th deal; replace the car with a hitched car'. As MJ writes, this issue is way above your salesman's pay grade, they are likley just shuffling the deck chairs hoping you go away....

If you cannot create a letter that is concise, on point and legally threatening, PAY A LAWYER now.

Sorry they lied to you.
 

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Post#1 does say the BMW OEM hitch for X3 can be ordered.

If BMW OEM hitch is available, another (simple) option is to have dealer install the OEM hitch without informing BMWFS, and remove the hitch upon lease return.

Is there any reason that make this option not viable?

The problem is that it is a factory installed hitch. A dealer is not going to have the ability to install that hitch.

There are only 4 "realistic" options at this point:

1. Keep the X3, wait for an aftermarket hitch (or dealer hitch) to be available, and get the cost of the hitch in your lease reduced from the end of the lease (less payments.)

2. Trade the X3 in for a new one with the OEM hitch installed. Hope the dealer makes it an amazing deal.

3. Fight with BMW FS for a contract cancellation. Highly unlikely.

4. Work with BMWFS and your dealer to get a "substitution of collateral" for the lease. They get an X3 with a hitch that is close to the MSRP of the current X3. FS can then (possibly) re-write the contract to be on the new VIN.

Here's my 2¢: Don't keep waiting for the salesperson to give you a solution. Resolution on this is way out of her/his pay grade. The clock is ticking on your resolution, and s/he has moved on and hope it goes away. I know.

You need to be 100% proactive. Speak with the General Sales Manager and/or the GM. Call BMW Customer Service. Call BMWFS customer service. You MUST get this issue noted in their systems for anything to be done.

The longer time goes buy, the less options you will have.
 

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Post#1 does say the BMW OEM hitch for X3 can be ordered.

If BMW OEM hitch is available, another (simple) option is to have dealer install the OEM hitch without informing BMWFS, and remove the hitch upon lease return.

Is there any reason that make this option not viable?
The OEM hitch is available when you order an X3 (or the dealer orders an X3 with hitch for inventory).

It is not available as an aftersale installation. See attached image.

Basically, you order an X3 with it or buy one from stock with it, but you can't get one installed after the fact.

I'm not a tech, no where close to it, but I assume that this is due to the fact that the assembly is done on the production line and can't be done at a dealer.
 

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Good advice from MJ....


Legally the dealer acted in bad faith and defrauded you.

They (not BMWNA) are on the hook for your damages. A resolution is 'take the car back refund all fees' or 'take the car back, replace with car that has hitch'. (I.e. The replacement MJ mentions.)

OP- there is **no** dealer that will resolve this in your favor, they will bob and weave, delay, obfuscate, for as long as possible..... The ONLY path is for you to play serious hardball.

Are you communicating in written letters (even PDFs attached to emails are fine.). A paper letter reduced to a PDF makes a MUCH better legal exhibit, or even email attachment than 'let me give you a screenshot off my phone of the text I sent'. A telephone conversation is nothing. You need to start thinking about your end game (you are very lucky you have a 'we promise you' document...)

I would put together a demand letter that outlines what they did wrong and your demands. Paper. Addressed to the GM or owner of the dealership. Send it certified AND hand deliver to the GM. Basically 'I bought this; you did this; this isn't avaiblae' you knew or should have known; this act is a violation of XYZ; the resolution is one of 3 things: deliver a BMW hitch; refund th deal; replace the car with a hitched car'. As MJ writes, this issue is way above your salesman's pay grade, they are likley just shuffling the deck chairs hoping you go away....

If you cannot create a letter that is concise, on point and legally threatening, PAY A LAWYER now.

Sorry they lied to you.


ARD gives excellent advice.....follow it to the letter. And, for what it is worth, I am a lawyer and I will tell you that if you hire a lawyer you will probably pay close to or more than the cost of your hitch. Financially, the best way to fix this is without getting a lawyer involved.


Sent from my iPhone using Bimmerfest mobile app
 

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ARD gives excellent advice.....follow it to the letter. And, for what it is worth, I am a lawyer and I will tell you that if you hire a lawyer you will probably pay close to or more than the cost of your hitch. Financially, the best way to fix this is without getting a lawyer involved.


Sent from my iPhone using Bimmerfest mobile app
Once a lawyer gets involved, the dealership's lawyers have to get involved. And that will be expensive.

Get a demand letter to the General Manager. That's your next step.

mjb
 

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The OEM hitch is available when you order an X3 (or the dealer orders an X3 with hitch for inventory).

It is not available as an aftersale installation. See attached image.

Basically, you order an X3 with it or buy one from stock with it, but you can't get one installed after the fact.

I'm not a tech, no where close to it, but I assume that this is due to the fact that the assembly is done on the production line and can't be done at a dealer.
Online parts page does list a "retrofit kit, towing hitch" for G01 X3 2016-2018, part# 71606887642. This seems to imply the hitch can be retrofitted after delivery when factory installation was not done.

OP can explore if dealer/BMWFS refusal to install is due to a procedural issue, or technical issue. Maybe trusted indies should be consulted too for further clarity.

If retrofit kit can be installed(i.e. no technical issue), then the issue can be solved relatively cheaply(e.g. dealer pays parts and labor indy installation).
 
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