Carfax question and problem.. :-(

AKX3 · #1 09-23-2012, 01:19 AM

Hey guys... Tell me if i have some recourse, or plain advise is good too...

I purchased a 2008 X5 4.8 on 12-31-11. The car fax was clear, etc... recently I pulled another carfax from another dealership (thinkin of selling)... Now it shows that I has "minor damage" date unknown, but occured in 2011. this was recorded to carfax, 2-22-12.

Since this is on the carfax, I am getting 2-4k less since it's not a "clean" carfax...

any advise, as far as recourse, and if so, towards whom... or do i have to "suck it up"...

thanks in advise.

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BGM · #2 09-23-2012, 01:40 PM

I'm not sure there's much you can do. Reporting from accidents and repairs to Carfax sometimes takes awhile so if the car was in an accident in late '11--it might not show on a report until '12 sometime. Did you not have it inspected for any possible accident repairs ? Why are you selling it after 9 months of owning it ?

ard · #3 09-23-2012, 05:26 PM

This is why a 'clean carfax' is useless....

First question: Is this info accurate?

Second: did the seller misrepresent any information? or did you fall for the "the carfax is clean" scam?

Third, look into the carfax warranty. If this information should have been provided when you PAID for the carfax, then their warranty should cover. But remember a buddy runs the carfax and there is no warranty.

You'll need to research the carfax warranty and when this info 'should' have been reported.

AKX3 · #4 09-24-2012, 11:48 AM

Quote:

Originally Posted by ard

This is why a 'clean carfax' is useless....

First question: Is this info accurate?

Second: did the seller misrepresent any information? or did you fall for the "the carfax is clean" scam?

Third, look into the carfax warranty. If this information should have been provided when you PAID for the carfax, then their warranty should cover. But remember a buddy runs the carfax and there is no warranty.

You'll need to research the carfax warranty and when this info 'should' have been reported.

Thanks guys,
BGM, the reason I wanted to get rid of it because we were thinking of a smaller SUV, If need be, I will keep it, as it might be the case..

ARD,
Thanks, you have such great information on this site, and was hoping you would chime in...

1)Not sure if the information is correct on the carfax, I will have the dealer check out the car this week...

2)The carfax was clean (as far as I know) when I purchased the X5, the dealer said last week, "when we pulled it, we didn't know either if it was damaged or not.
As they do a through inspection on a CPO, but I did purchase the car even before the CPO was complete by the dealership." ... so I am stuck there... I think.

Classic BMW had put it on the lot before the CPO was complete.... I purchased it.. then On a Monday, following New Years it went in to the dealership for a few days after to complete the CPO process... I bought the X on 12-31-11@ 6:00pm, just before New years Eve..

3) the "buddy that pulled the carfax actually is a dealer, so no problems if I want to go the carfax route....

Maybe i am chasing my tail... not sure, but this really pisses me off, since I did get 3 cars from them in 1 year!!

ak.

jeremym · #5 09-24-2012, 01:52 PM

Good luck. I hate CarFAX for that reason.

I went to trade my 2007 in and they said due to a "bad carfax" (from a fender bender that a cop saw in a downtown area of a city and thus required a police report) that the truck is worth $5-$8k less. I said well if carfax is your bible, then you should stick to it--carfax claims the truck is only worth $280 less than market value. Of course they didn't like that and I walked away.

AKX3 · #6 09-24-2012, 05:24 PM

Thanks....

Akx3

jspdr · #7 09-24-2012, 06:16 PM

I had an issue similar to your situation. I had the X for 9 months with 12k miles i put on it. The dealer shown me a clean Carfax when i purchased it, later i discovered Autocheck shown accident. The diminished value was $9000 for my X. I contacted the dealer for the possible lawsuit against them for 2 months, with many legal research and advices from internet, finally they agreed to repurchased the truck back and refunded me my full purchase price. You should first contact Carfax for clarification, and want to know their policy as to how long they have to list the accident once the police report filed, also you want explanation to your case. If it does not come to your satisfaction, your next step should be the dealer, contact person with decision making, like GM, or owner. I think someone is responsible for the diminished value here. If you need a free legal advice, then go to AVVO.com and post your question in detail. or you can contact a local consumer fraud attorney for a free consultation, and if they willing to take your case, it will be on contingency basis, that is how it work for auto fraud, if it is a fraud case. If attorney advice you that you have a strong case, and if you want to pursue the matter yourself, then pm me and i will tell you what i did during my entire complicated and frustrated issue.

ard · #8 09-25-2012, 12:34 AM

^^ Good advice.

Are you trading this back to the dealer? So they did a CPO, (apparently they violated their agreement with BMWNA, more later) and failed to detect the prior repairs. CPO inspections are worthless, even more so when the dealer has a financial incentive to not find issues.

To think a CPO would detect the repair, or to think the dealer would TELL you, are both unlikely. The order in which the CPO was done has no bearing on detecting or not detecting the accident.

The dealer CANNOT do a CPO once you own it. This is an absolute violation of BMW rules. The dealer MUST be the owner. You may have them with a bit of leverage here. How could they have sold the car to you on 12/.31, yet enrolled the car as a CPO later? They probably backdated the CPO inspection and enrollment to cover this up.

Did you ever get a copy of the CPO inspection report? The selling dealer is required to give that to you PRIOR to purchase. Also they absolutely retain a copy in their sales records for that car. Get a copy, sooner rather than later.

GL

A

AKX3 · #9 09-25-2012, 12:47 PM

Jspdr. ARD: Thanks so much for the information.. I will definitely get in touch with you, once I start getting to the bottom of this. I have put 7K miles on the X since I have had it.

These are the next steps I am going to do:

Ard: Use your and Jspdr advice on gathering paperwork, (yes back to the same Dealer, Classic BMW, Plano where I purchased) Also, get in touch with carfax.

I do remember that the dealer was hauling ass to get the car financed, it was dirty when I drove it home and was asked to come back the following week to get everything cleaned up, including a tear in the door, clean the engine, interior, etc...

I know I should of S-L-O-W-E-D down in the purchase...

I am going to the dealer today to get ALL of the paperwork that has been done to the X. Once I get it, I will let you know what I have found out...

Phew... Thanks guys, made my blood pressure back to normal ... I know it's not over, but I feel that I have some great colleagues (You guys) that been there, done that type of thing...
I am not the one to really challenge things in life, but this time I feel like I definitely got the short end of the stick...
NOW, time to "Stick" it to the MAN!

Thanks again...
regards,
ak.

jspdr · #10 09-25-2012, 03:50 PM

Like Ard said, was there any facts misrepresented before the transaction occurred, otherwise you would have acted differently. it depends what conversation you have with seller leading to your purchase. you need to have at least 2 appraisals that reflect the diminished value. 1 could be from Carmax, 2 must be from a Certified Automobile Appraiser, you need a reputable one for this. (Cost you about $300). Once you have these appraisals, you need to send a demand letters with certified to the legal name listed for the dealer, explaining why you write the letter and what solution you're seeking, give them 14 days to response. Don't forget to include a copy of the appraisals, two Carfax reports. Keep all the records for yourself. If no response after 14 day, then send them a second letter, tell them same thing from your first letter, but this time you let them know that if you don't here from them in 10 days, you will considering legal action against them, don't threaten if you don't plan to follow through. A lots of time consuming and patience. Those are the steps that you have to do for now, and wait for their response, if you have to go this way. Believe me, auto fraud attorney would love to take dealers to court, if you have a case.

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