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Discussion Starter · #1 ·
I returned the 2013 X5 35d 20" option with non RFT tires. It was a big oversight on my end. The tires on the SAV were Continental DWS with less than 10k on them since I use winter tires from November to March. They all had very good tread on them. The dealer charged me $1600 for new tires. Here is my issue: I want the old tires back. The dealer would not agree to give me the old tires back even though I offered to pay half the mount and balance costs. IMHO- BMW charges for new tires that they don't intend on placing on the vehicle. My guess is that they will auction the car with the tires I placed and pocket the $1600. Is this theft?

Had I known that they wouldn't have returned my old tires I could have bought new RFT's through my friend that has a dealership (whom I bought my new vehicle from) at dealer cost. Then sold the Conti DWS to minimize my loss. The dealer left me with no options other than to pay the penalty. Then to pour salt on the wound they charge me $107 in taxes. Is that even legal to tax a fine/penalty? :dunno:
 

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I'd speak with the manager about it. Don't know if this applies to different states, but here, shops are suppose to give back your old parts if you request it. If they charge $1600 for changing to RFT tires, they should give you back your old tires when you requested it.

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02/2012 X5 35d M57Y CPO 100K miles NOKIAN WR G3 20K miles
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What dealer please?
 

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Freude am Fahren
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What was their reason for not giving you the tires back?

If you remembered to ask for them a week or longer after you returned the lease, there is a very good chance that someone (like an employee) has already scooped them up ... so they're gone. Once they're gone, there is no way you and the dealer could come to an agreement as to the condition or value of used tires. As a business they can't make a payment for an asset that doesn't exist. Besides, in your state, your action may constitute "abandoned property".

If they still have them, it is a different story: bring your tire proof of purchase with you (hopefully you recorded the serials numbers for warranty claims?) and show them who owns these tires. Then pick them up and walk out with them!

PS. I see yours has a sport package. Did it have Adaptive Drive by any chance? Where was the vehicle returned? What is the VIN?
 

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That's a very unfortunate situation - and one, probably, that (too) many first-timers make at lease-end time. I hope you can get the ear of a sympathetic manager at the dealership and they'll help you navigate the shark-infested waters of your contract. As for where your '13 will go, IF the dealer pushes it thru the auction channel as a CPO BMW there's a high probability, certainty, they will have installed the proper original equipment RFTs.

I recently when through this with a (not so young friend) whose friends convinced him it was "cheaper" to lease a new car than buy a pre-owned one. His remarks included, "Gee I only pave to pay $250 a month. I can afford that but can't afford a $400/monthly car loan!" I have a feeling he went that route even though his driving and economic situation clearly pointed in the direction I was steering him. He had NO CLUE about the contractual agreements during and at lease end etc etc etc.

Another situation where the devil indeed is in the details. Bummer for you though :-(
 

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Dupilcate
 

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wow.

No pre-return inspection? Just returned it and walked away???


You are screwed. You lease defined your responsibilities, and what they would do- you agreed to it. IMO legally the tires are theirs.

Sucks

Any 'stories' with that car? Publish the vin, out the dealer...

Oh, what is the lease end cost for a tire? As I recall it is set/published- not sure they can charge tax. One question, is the BMWFS charging you or the dealer? If the dealer, I dont think you need to pay- it isnt their car, they were not a party to the contract- only BMWFS has the legal standing to charge your the lease end tire fee.... I think
 

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Discussion Starter · #8 ·
I definitely understand that I had a contract with BMW FS USA. I think that the business practice of charging someone $1600 for new tires ($400 ea) and then not giving the old ones back is not good customer service. In my book it's black and white- I pay $ 1600 they put new RFT tires on the car *OR* not charge me $1600 since the tires were somewhat new and auction the vehicle like they will. Both parties happy. No they charge me and keep the other tires. They had their cake and ate mine too! It's BS!

BMW wants to sit on their high horse and preach about the ultimate driving machine then pocket my money and not follow through with putting RFT tires on the vehicle is fraudulent. Not giving my relatively new tires back is theft. I bet the car is at Mannheim with my Conti's on it.

Zimbrick BMW Madison. The general manager was cc'd in on my e-mail traffic with the lease manager or whatever his title is that I have been dealing with. I politely asked for the tires back again today and cc'd my lawyer in on it. I'm calling customer service Monday.

Gray BMW X535d. I don't have the VIN on me at the moment. NO adaptive drive. I was out on military duty and gone for 3 weeks. Started a new position. Busy with life... BMW financial called me and asked if Zimbrick had contacted me about end of lease options. NO they didn't. Zimbrick gave me no option to replace tires. Wham bam thank you ma'am.
 

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Freude am Fahren
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... I was out on military duty and gone for 3 weeks.
First and foremost, they should be thanking you for your service .. and say, "how can WE help you?".

Since they didn't ... I will: On this special day in our history and always, THANK you for your service!

Now go and get what rightfully belongs to you.
 

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Concur with the above.

Look, they have the legal authority to do precisely what they are doing (note I assume the lease contract says "400", and that the bill is from BMWFS not from the local dealer, and finally that your state law allows taxation of fees)

There is one avenue that involves public shaming.... Any local news outlets want to help? This is complicated by 'rich military man pissed off with 1600 fee when he turned in his $75000 luxury lease'.... There are some optcis issues here. Set up a picket with the family....etc etc

Anyway, I wasnt going to bring it up, but IMO it will be the only solution. They wont do anything as a response to legal threats as there is no legal exposure (IMO). They might respond to public opinon - if you can be a sympathetic figure. (and FYI, Personally, Id have a hard time whinging about this publicly...)
 

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Discussion Starter · #11 ·
I guess it's the principle of the matter. BMW FS gets 2 sets of tires. I'm being penalized twice. I would be happy if they gave me a $400 credit then I would just pay them and shut up.

How would it look to the general car buying public if they knew companies like BMW were going to charge them for a lease infraction without ever intending to use that money to repair or make the vehicle right? The issue then becomes making money rather than the integrity of the vehicle or the safety of the driver.

The lesson learned is this: Put non RFT on the vehicle and save the RFT for lease turn in or just put RFT on at the end.

I honestly don't think the lease manager at the dealership would have "overlooked" it if I had decided to re-lease. He's just that special brand of guy.

Thanks for the kind comments. I'm a full time RN and part time reservist. Prior enlisted. I got your 6!
 

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Freude am Fahren
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...
Look, they have the legal authority to do precisely what they are doing ...
But what I don't understand is how the dealer or BMW FS have the authority to take possession of and keep the tires that they didn't pay for.

Attached is a BMW FS Lease Agreement (courtesy Jon Shafer).

OP - is this similar or the same as your lease agreement?

Says nothing about dealer keeping tires, or anything else that didn't come with the car originally.
 

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But what I don't understand is how the dealer or BMW FS have the authority to take possession of and keep the tires that they didn't pay for.

Attached is a BMW FS Lease Agreement (courtesy Jon Shafer).

OP - is this similar or the same as your lease agreement?

Says nothing about dealer keeping tires, or anything else that didn't come with the car originally.
Clause 32. Same "grade quantity or quality"...also says they can charge you for repairs and tires EVEN IF THEY DONT DO THE WORK.

First, I am not a doctor, but.... Ive got to imagine that more that a few lawyers have been burned by this...one of the reasons BMW has videos on their site and sends info it to protect themselves from "I didnt know you didn't tell me" claims...the have an arbitration clause.. (I always think a small claims judge is likely to be easier for an indiviudal, but then the ompany appeals and you are into $$$)

Changing tires is like changing oil and brakes- anyone want to make an argument that the dealer should have let you take the oil out before you left? That they "didnt ahve the right to take possession of the oil"??? ;)

There is an argument of 'betterment'- that they were given tires that were (sake of argument) 25% worn, but charged you for new tires that were 100%... not sure this is worth anything.

Fonally, what is the cost for the CHEAPEST tire that meets BMW specs? Nothing in THAT agreement defines the $400 charge. You could indeed argue there was no agreemnt to pay 400, but rather to provide 'same quantity, quality and grade' tires. In the past the BMW fee was almost always cheaper- in this case it may not be. A POS Bridgestone dueler might be less. You could claim they charged you in excess ...get two written estimates for 4 tires mounted on the car...

All I got
 
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