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Old 04-16-2013, 11:41 PM
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Quote:
Originally Posted by Bnagy4.8 View Post
BMW offered me $23k for them to take the car off my hands. That would only leave 2k in my pocket and no car to drive in the mean while when searching for a car. With that I will be losing out on a 4.8is that is not easy to find. They originally were going to rebuild the engine but the cost was greater than the car value. The same goes for getting a new engine ( but they don't have a new engine to replace it with) this is why they sought out a used engine.

Because this Is an asset there isn't much more they are required to do other than paying market price for a pay out or fixing the problem. Also there is no compensation for some thing like this (ex. Pain and suffering).
A quick cars.com search shows a few 4.8is around the country with close to 50K on the clock. They run as high as $29K (seems too high). There are quite a few in the 70-80K range, which are closer to the $23K offered.

I would counter their $23K offer with $29K, plus they cover any shipping costs for an equivalent replacement 4.8is, plus they continue to let you use a loaner until you finalize the deal for the new one. If you can't find one you like in the 50K mileage range, then buy one with higher mileage and make another stipulation of the settlement that the dealer covers a year or two of extended warranty coverage (to make up for the mileage difference).

It seems clear that the cost and logistical challenges of replacing the engine mean that you should wave goodbye to your car (which is sad and frustrating, I know). But realistically, an engine swap would make me more nervous than just biting the bullet and buying a new 4.8is.

Incidentally, I'm an attorney. Although I don't practice in WA, I'm happy to provide you with a "second opinion" of sorts, and I can give you an idea of what you may be in for if you choose to go the litigation route (hint: a long wait, added frustration and delay, and ultimately probably less satisfaction than you were hoping for).
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