My First BMW 2002 X5 4.4!!! Got Screwed!!!

[cube4da99]

i know in new york over 100,000 miles there is not lemon law so u have to buy an extended warrenty i know the feeling i just bought a 2003 x5 4.6is on 12-23-2010 and i already had to put a starter and a driverside window and regulator good thing it all was covered by my warrenty but the glass ran me 120 and my truck has 136000 miles

[Jordo]

OP, what happened? Let us know how you made out.

[joeboch348]

your 1st stop should be to your DMV dealer division on tuesday and find out what your legal rights are. they get off on busting dealers rocks. if you have any recourse, they'll let you know, then you can approach the dealer with a "leg to stand on". good luck. if the dealer wont do anything, maybe we can get the westborough baptist church to picket the lot for being "acceptable of gays"

[sunny5280]

Originally Posted by joeboch348

your 1st stop should be to your DMV dealer division on tuesday and find out what your legal rights are. they get off on busting dealers rocks. if you have any recourse, they'll let you know, then you can approach the dealer with a "leg to stand on". good luck. if the dealer wont do anything, maybe we can get the westborough baptist church to picket the lot for being "acceptable of gays"

The reality is the dealer did nothing wrong and they sold the vehicle "as-is" which means they're under no obligation to repair it. It's not a lemon...it's a vehicle with over 100K miles on it.

He can try to rely on a goodwill repair but it's unlikely the dealer is going to do that given they didn't inspect it themselves despite the fact the check engine light was on. From what the OP said the dealer appears to have been upfront about the condition of the vehicle. Yes the salesman said something that alluded to the fact it was a $300 sensor. And it's likely the OP signed a document stating the documents he signed were the entirety of the sale and there are no oral agreements (which is standard contract law).

To the OP: Take it to a good independent (seems you have already done this) and have them check it out. There are many aspects to the transmission and this problem alone doesn't necessarily mean the entire transmission needs replaced. A good repair facility that specializes in BMW should be able to tell you what is wrong.

Good luck and let us know what happens.

[JCL]

Originally Posted by joeboch348

your 1st stop should be to your DMV dealer division on tuesday and find out what your legal rights are. they get off on busting dealers rocks. if you have any recourse, they'll let you know, then you can approach the dealer with a "leg to stand on". good luck.

Out of interest, I looked up the Utah DMV, and read about car dealers. They have a standard form for bill of sale that they suggest car dealers use. The DMV suggested form has the clause "accepted as delivered" as the default warranty, and note that it is the buyer's responsibility to understand what they are signing. They make a point of saying that if anyone rolled back an odometer, or failed to register title in 15 days, or sold a new lemon or salvage vehicle without so indicating it was salvage, then call them, Otherwise, buyer beware. It seems a clear case of a dealer knowing they had a high mileage used BMW, not wanting to do anything with it, and wholesaling it off, clearly marked "As Is". I don't understand all the comments throughout this thread suggesting the dealer is somehow liable. Sure, the sale rep sounds optimistic about this mythical $300 sensor, but if the sale document makes note of there being no verbal warranties, then it doesn't matter at all.

[jmweb]

If I was you, I'd have the car towed to the dealer. If they wouldn't do anything, park it right out in front of their business in a legal spot. Let it sit there and put up papers saying this lemon was bought here yesterday and the car died within 5km. it'll get their attention and they WILL act on it, just do it legally.

[m5james]

You guys are all telling him to go stomp his feet and see if he'll get results, but you guys forget...HE is the one who signed for an AS-IS vehicle, nobody made him do anything. Live and learn.

When I bought my 7, it had only 89k on, I DID have a buyers inspection and I bought it because the inspection was fine. Not even 4K later the timing chain guide broke and the motor ate itself alive doing 75mph. Guess who paid 13K to have the engine replaced...not the dealership.

[TowX]

However, the trans worked fine when he test drove it, and when he drove it off the lot. Sure, there was a fault code identified, but the trans had all it's gears on a test drive.
I have 2 recommendations:
1) Call the dealer's General Manager. Not the sale rep, the GM. If the salesman represented the code as a simple $300 part, then as an agent for the dealership there might be something the dealership is responsible for. The sales rep is at best not knowledgable, or at worst a liar. Either way the GM should be the person with whom to talk. But know what you want to ask the GM to do. Personally, I'd want my money back.
2) Call an attorney. If the GM doesn't offer any satisfaction, hire a lawyer. Let the lawyer make the call to the GM.

As a couple of others have suggested, the OP already bought the X5, so now's not the time to criticize. Let's keep offering suggestions.

[sunny5280]

Originally Posted by TowX

However, the trans worked fine when he test drove it, and when he drove it off the lot. Sure, there was a fault code identified, but the trans had all it's gears on a test drive.
I have 2 recommendations:
1) Call the dealer's General Manager. Not the sale rep, the GM. If the salesman represented the code as a simple $300 part, then as an agent for the dealership there might be something the dealership is responsible for. The sales rep is at best not knowledgable, or at worst a liar. Either way the GM should be the person with whom to talk. But know what you want to ask the GM to do. Personally, I'd want my money back.
2) Call an attorney. If the GM doesn't offer any satisfaction, hire a lawyer. Let the lawyer make the call to the GM.

As a couple of others have suggested, the OP already bought the X5, so now's not the time to criticize. Let's keep offering suggestions.

Your suggestions are not useful. This is not going to be an issue the dealer is obligated to cover. Verbal agreements / promises to a written contract are not enforceable, only what's contained within the written contract is.

All he can hope for is for the dealer to perform a goodwill repair. Something I believe to be highly unlikely as it appears they were upfront with him about the condition of the vehicle even going so far as to say they didn't want to bother inspecting it themselves. They may offer a few dollars back but I think even that is unlikely. The vehicle was sold "as-is" and, absent fraud or deception (and IMO, a salesman saying it may be a $300 sensor is not deception in my book), I don't see why so many people expect the dealer to fix this at their cost.

[TowX]

Originally Posted by sunny5280

Your suggestions are not useful. This is not going to be an issue the dealer is obligated to cover. Verbal agreements / promises to a written contract are not enforceable, only what's contained within the written contract is.

All he can hope for is for the dealer to perform a goodwill repair. Something I believe to be highly unlikely as it appears they were upfront with him about the condition of the vehicle even going so far as to say they didn't want to bother inspecting it themselves. They may offer a few dollars back but I think even that is unlikely. The vehicle was sold "as-is" and, absent fraud or deception (and IMO, a salesman saying it may be a $300 sensor is not deception in my book), I don't see why so many people expect the dealer to fix this at their cost.

I respectfully disagree. If in fact the salesman represented the sensor as the cause of the problem, then there's a possibility that the dealer could be legally liable if that was an outright lie. I'm not an attorney nor do I play one on TV, but at one point in my career I spent a decade supporting the automobile business from the financial/ banking side. I'd seen numerous times where a simple letter or call from an attorney has opened doors. Used car dealers not so much so, but franchised new car dealers tend to be far more receptive to resolving issues. And if the salesman stated that the $300 part was all that was needed and that was a lie, he's an agent for the dealership and as such could void the as-is clause. The operative world in "could".

Again, without knowing the legal requirements in the OP's state, it's hard to say. But to not pursue legal counsel would be foolish. He could spend $200-300 for an attorney to listen to his case and perhaps make a call to the dealership. Better than eating a $5000 trans.

Just my two cents for whatever that's worth these days after taxes.