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  #11  
Old 09-26-2012, 08:07 PM
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this is similar to a real estate Title Search - I came to the US in '91, bought a house in '95, with all the proper things that the RE agent does, including the title search. In 2002 I get a bill from local municipality for $1700 for the sewer system that was installed in the street and the house was connected in 1978. I called the RE lady, she told me to call the title company, I called them, forwarded them the bill and never saw it since.

The dealer, regardless, BMW or a small, shady operation, sold a vehicle to the OP under a pretension of 23K miles, stating that the milage is true. If there is a descrepancy, then the dealer is on the hook to correct the info or face the legal penalties - those penalties in some states stem from the old age of the horseback riding, where a horse thief would have been hang off a tree limb... Of course we are not as barbaric any more, but the penalties are still stiff...

besides, if everyone understands that this is a typo that can be verified by a confirmed chain of custody (dealer has service records, dealer can read the info from car's modules), then the information is corrected.

If the dealer is not cooperating, then there is a legal issue at stake...

Last edited by TerminatorX5; 09-26-2012 at 08:09 PM. Reason: spelling
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  #12  
Old 09-26-2012, 09:26 PM
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The dealer (an actual BMW dealer in NJ) will be getting back to me tomorrow, hopefully that they will correct the mileage with the NJ DMV and forward the required docs to the NY DMV.

Dig, you are 100% correct with everything you stated. Ard, I will definitely report back. I'm prepared to go to war to rectify this. Thank you guys for the info and support.

This purchase has been painful since I made it in July, but taking the E70 for a spin alleviates the pain, somewhat.
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  #13  
Old 09-26-2012, 09:26 PM
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Quote:
Originally Posted by TerminatorX5 View Post
this is similar to a real estate Title Search...
You're confusing title search and title insurance... and it is NOT similar to cars.
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  #14  
Old 09-26-2012, 10:00 PM
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you are right... i hope that the idea is similar, one is buying a "protection" against a "force major" situation... maybe not similar, but nevertheless, there are some buyer protection laws in place against things like that... or, one hopes that this is not wild wild west anymore...
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  #15  
Old 09-27-2012, 06:07 PM
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So far, so good. Dealer/SA has been very cooperative. Said that they will fix the mistake.
I almost signed and returned an MV103 acknowledging an incorrect odometer reading. This was sent by the dealer, which is what kept me up at night. Upon speaking with the NY DMV, I wouldve recd a title with either 83,333 miles or 23,xxx with a brand saying "NOT ACTUAL". This wouldve been a big problem.
Its not over yet, but things have progressed in a friendly way.
Will update. Thank again all.
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  #16  
Old 09-27-2012, 07:14 PM
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did some looking...

1. It is a violation of California law to sell a car as "certified" unless you have provide the buyer with a copy of the 'certification report' BEFORE the sale. I realize you are in new york, but there may be similar rules there- and this will help CA buyers. This has always been a 'BMW policy', but I didnt realize it was a law now. I think july 1, 2012?

2. There is a database called NMVTIS. Many (most?) states REQUIRE a used car dealer to pull a report prior to sale. The report included odo readings and prior state titling records (among other things). I am not an expert, but I've got to think this report should have covered this odo discrepancy.

Just FYI. If the dealer failed to properly 'clear' the car, that might explain their willingness to fix it. Or they are just nice guys.

A
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  #17  
Old 10-29-2012, 02:35 AM
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any news?
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  #18  
Old 12-06-2012, 08:49 PM
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still, no news?
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  #19  
Old 12-07-2012, 11:02 AM
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Hi Terminator,
Yes, all good. I finally received my title with the correct "actual" mileage.
Dealership is pretty inept.
Thanks for all the advice guys and happy holidays to everyone.
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  #20  
Old 12-07-2012, 01:27 PM
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cool... congrats on cleaning it all up.
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