F*CK Momentum BMW!!!!!!!
 

Well I made the mistake of dealing with the scumbags at Momentum BMW. I purchaed a 2005 X5 4.8is that they were advertising online and received it with a bad transmission and a pano roof that's broken. I took it to a local BMW dealer immediately only to learn it needs about $10,000 in repairs!!! I contacted Momentum BMW of Houston and they told me it was sold AS-IS, but of course this is after they flat out lied to me over and over about the cosmetic and mechanical condition of the vehicle. I cannot believe a BMW dealership would misrepresent a vehicle and rip me off the way they did. I'm stuck with this piece of crap now and don't know what to do next. The money aspect bothers me, but what's really burning me up how they could lie to me over and over. I spoke to their salespeople and service manager several times leading up to the purchase and was assured time and time again that it was a beautiful X5 in perfect condition. The evening I received it I started and let it run for a little bit since it had just made a trip from Texas to New Jersey. The very moment I accelerated the "Trans Failsafe" code came up on the dash. I contacted BMW of North America and the Better Business Bureau and made formal complaints. I would expect this from a shotty used car lot, but not from a BMW dealership. So disappointed in the dealership and the product. A bad transmission at 50k???:dunno:

You never drove it before you bought it? I agree with you that since you bought it from a BMW dealership you would expect it to be mechanically sound. Did you know that is was a AS IS sell or was it a CPO? What does the Carfax say? How many owners? Since it sounds like you do not have any type of extended warranty I would suggest taking to a Indy and have them diagnosis the problem. The 4.8 with a Pano-roof is a beautiful thing, I hope you can get this resolved and enjoy the X. What did you pay for your X and how many miles?

PM sent your way.....Phil

Carfax was clean, 1 owner, they told me I could not purchase a warranty through BMW. It's on '05 with 51k, paid $27,000. I'm the least naive person too and they absolutely got me. I trusted them and they screwed me, period. They lied about everything. There are scratches and dings, no thing major but they told me it was perfect in and out. And I've already paid 2 different dealerships already to diagnose the problem. :(

This is a classic case of the forum to the rescue....someone here could've checked it out for you before the purchase. Man this sucks!!! Also, new PM sent your way......Phil

I have had MANY dealings with Momentum BMW at 59/BW8 and Momentum West. You MUST do your homework. Even so, I've still gotten burned since then.

I would strongly (I emphasize STRONGLY) seek out the General Manager. Last time I did that, I had a very good result. It's a long story... But, do yourself a favor and go over there and ask to see the 'man'. Have a list of your complaints. Don't bitch, just give him the facts. You'll have a very good chance of them taking the X5 back from you.

Good luck!

Bruce, I wish that was so. Monty Meave, the General Manager, is an arrogant j*erkoff and he won't even acknowledge any wrongdoing. I've never dealt with such unethical, unprofessional people!!!!

Part of your issue is, they know you are out of town. So the question is, how much fight do you have in you? To Bruce's point, they will burn local customers, so you can only imagine what can happen to a long distance purchase.............Phil

I'm really turned off to BMW right now. I'm a Benz guy and this is my first experience with BMW. Im not sure I'll go back after this. I had my eye n the X5 4.8is for a long time, finally pulled the trigger. I got rid of a Touareg V10 TDI to get into the X5 and what a disappointment.

Don't give up on BMW, I too have had horrible experiences with Momentum. In fact my 2nd BMW purchase was so jacked up, I had to go over the CA's head to get a deal done. Five cars later and I still don't F*** with them. I use them for service because their service manager is really a good guy. Get this resolved and find yourself another dealership...........Phil

You bought a five year old vehicle that was advertised online, as is, without test driving it, and sight unseen, from a place you had never dealt with before? Did you check out the dealership references, or just put your faith in their BMW sign?

Sounds like they didn't treat you very well, but I am sorry to say, you appear to have painted a target on your back.

Shouldn't there be a lemon law that applies to this?

Really? We expect BMW Dealers to be the exact same kind of shysters as the small used car lots?

I know its somewhat true, however I expect the big dealers to aspire to a higher level of quality. That's why you pay the higher prices.

If I were to buy a car at distance from a Dealer I would expect them to represent it perfectly. If they pulled these kinds of scams then they compromise that sales avenue. Clearly they don't care because you can't hurt them from far away.

I asked all the right questions, checked the vehicle history and based on all of the info i had i made a decision. Unfortunately, the info I was given by this dealership proved to be grossly inaccurate. Yes, I did put some faith in the fact that it's a BMW dealership and they wouldn't lie to me over and over about their product. I've purchased 6 cars on the internet in the last 5 years and this is the first time I've encountered such dishonest people. And here's the kicker: it's the first time I bought from the actual dealership and not an independent seller. Maybe I do have it backwards. I guess the independent sellers have to care since they don't do the volume these large dealerships do, but that being said why would a large dealership need to screw a customer. The bottom line is that it's bad business. I was flat out lied to initially and they won't even try to correct this. It's sickening. And it's no wonder when you search this dealership it's nothing but nightmare stories and bad reviews. I'm always very thorough in my car searches and this is the one time I was pressed to buy something quick. The money isn't even what bothers me, it's the people at this dealership so willingly lying and ignoring what they've done. I just wouldn't expect this from a high end dealership, regardless of brand. period

Do you have 'written' confirmation from Momentum that the vehicle is in 'perfect' condition?

Of course not. :(

:iagree:
... buying a car, horse, house, land, collectible gun, et al,

sight unseen by someones eyes, is tantamount to an open door.
Sorry that dlr screwed you. Just because it was a BMW dlr, or MB
dlr, or P Car dlr, doesn't mean a thing, imo. You were 'remote', they
moved a 'unit' off the lot. Caveat emptor.

Find a good local dlr, or better yet, find a good local Indie and get some things fixed that makes the sumbitch run.
Then, maybe toss it...
GL, mD

I had a similar experience but ate the costs not wanting to deal with the hassle, but I think your situation is worse. Based on what I've read and since you didn't pick up the car in Texas, you might have some options of interstate fraud. If you have enough info in writing (I didn't), you can use that your advantage. I would seek advise from a lawyer.

Also, they would be able to subpoena the vehicle's service history records. If it was ever in for the sunroof, or tranny issue and they knew about it then...and was in the service records, they flat out lied to you.

There's gotta be a lawyer on here that can validate/invalidate any of my comments.

If you need a TX lawyer to represent you, I would hit the bimmerfest fourms and try and find a bmw driver that would help you out.

I'm sure they picked it up from an auction and realized it was a piece of junk and tried to unload it as easy as they could.

Yea, I'll probably need to find a TX lawyer to educate me on TX laws and what my options might be. What a sh*tty situation!

I must admit i could have gotten cought in this situation too because i would expect better from a high end dealership. my eyes are now open and will definately keep away from MOMENTUM BMW. thanks for the heads up.

Yes, on a new vehicle. Not common on a used vehicle. But the issue here is that the vehicle was reportedly sold "as is" which means that all faults are the responsiblity of the purchaser. No guarantee or warranties. It is a buyer-beware situation. That puts the onus squarely on the purchaser to validate the condition of the vehicle they are purchasing.

If it was misrepresented by the seller (and it appears it was) then that is the avenue that the purchaser has to resolve the situation. The sad part is that the OP reported that he has nothing in writing, it was all by telephone. That doesn't remove the obligation of the seller to be truthful, but it does make it very difficult to prove anything.

On the upside, and it is a small upside, there is one CPO 4.8is on the BMWNA web site that has similar miles. It is listed at $36,000. This one sold for $27,000. So, $10k in repairs puts the two vehicles in the same ballpark. The OP would have been better off to buy a CPO vehicle, and do his homework, prior to purchasing, but he appears to have bought it cheaply enough to fund some repairs.

It's simple. Buyer beware.

Really? Buyer Beware at Joes Car Shack, but an authorize BMW dealership??? At the very least you'd expect honest answers. This was a straight lube job.

I repeat:
"... buying a car, horse, house, land, collectible gun, et al,
sight unseen by someones eyes, is tantamount to an open door.
Sorry that dlr screwed you. Just because it was a BMW dlr, or MB
dlr, or P Car dlr, doesn't mean a thing, imo. You were 'remote', they
moved a 'unit' off the lot. Caveat emptor."

That dlr has a slightly suspect reputation. Posters here could have checked
that car for you. That dlr is probably not reading these posts/probably
does not 'care'. Many have offered options on pursuing the situ, but
it will be difficult to 'win'.

Fix the car, or sell the car as is, or...
GL, mD

:iagree:.........at this point you have a couple of choices: 1.) fix the X and be sure to keep all the paperwork and receipts 2.) let it sit and hope that Momentum gives you a call to say the truck will be there to pick it up and your check is in the mail. Now based on the reason for this thread, you can't believe that number 2 will happen. Momentum has a bad reputation, that's a known fact in the Houston area. But, you where from the outside and failed to do your do diligence and check them or the X out. Now that doesn't make this transaction right, but there are still some scumbags in the world.....even the world of "high end cars"...........Phil

EGZ5. It's very unfortunate what happened. But remember that bitching about it will get you nowhere. Take a deep breath, accept what happened. Kindly call momentum BMW and see if there is anything that could be done. If your initial phone call to them was filled with yelling, apologize. I know it's difficult to suck up your pride, but being kind gets you a long long way.

And if they don't do anything for you, well then you tried. Move on to an Indy transmission shop to fix it, send it to detailersdomain(phil) to get totally cleaned up, find a paintless dent remover... and ENJOY YOUR CAR!

I'm always kind and professional in business dealings. I've been courteous even as these jackoffs are arrogant and unwilling to help. I'm venting here. Enjoy my car? I have no intention of that. If I have no choice but to stick with BMW in a possible trade in I'll be getting into a 550i.

i would hire a lawyer. i was a used car dealer in CT for 20 years. dont know TX law but here any car sold for more than $2999 has a 30 warranty even if you put as is on the bill of sale. check it out!! tranny is atleast $6000 and the sunroof can cost almost as much depending.

:iagree: Not having anything in writing? That part is hard to believe.
Even an e-mail that stated the condition of the vehicle would have
been better than nothing....:dunno:

you can always contact the attorney general's office. me, i'd give him some free dental work then i'd light it on fire and drive it thru the showroom window.

It was sold "as-is". And it was for sale sounds like for a lot less than others out there--so Momentum chose not to fix it and just put it on the lot. In this economy it's about $ so they wanted to move it. Here in TX (as in other states) I believe there is a 30 day warranty. If you get no where with the dealer contact BMWNA and/or an attorney to discuss options.

Bottom line: Caveat Emptor.

As is in CT means a 30 day warranty. only way to sell over $3000 without a warranty is to mark it as salvage only. i'd bet most if not all states have similar law. dont wait too long before acting.
i made a good living selling used cars without screwing people along the way. all we have is our reputation.

If you have integrity, nothing else matters. If you don't have integrity, nothing else matters. ~Alan Simpson

And then there is Texas. From the Texas Attorney General:

No mention of a 30 day warranty. Lots of mention of the rights of the dealer to repossess your vehicle if payment isn't made, transfer of title rules, etc.

Well I'm way past 30 days already as it is. After purchasing the X it took 3 weeks to get to me. Then I had 3 straight weekend of taking it to dealers. Now it's been sitting in the driveway for a couple of weeks. Although, maybe I have another way out of this. I still haven't received my permanent tags. Nor have I received the title. I wonder if there's a limit on how long they can take to get a vehicle processed and registered??? Maybe I'd be able to return the vehilce based on that alone. I rally need to contact a TX lawyer tomorrow.

It shouldn't matter how long it took to get it you--once you get it and sign the bill of lading that is your delivery I date I would assume. That being said--when it came off the truck did you not see the dents nor take it for a drive before signing the bill of lading ? You could have refused it therefore have a leg to stand on as a consumer.

why get a tx lawyer when you get all this free legal advice on here hahaha sorry for laughing.
ya delivery date i think would matter. and the fact that you probably haven't put any miles on it? and the dealer receipts. as far as the tags when i sold a car out of state i gave them a 30 day temp plate to drive it. and send the paperwork(title, bill of sale) with them as i didnt have their state registration papers. or if i didnt have the paperwork (title) i would mail it to them. best thing that could happen is they dont have your paperwork because it is salvage or they still owe money on the vehicle. that would be awesome.

EGZ5 - Depending on where in Jersey you are, I have a friend, tech, that works for BMW of Bloomfield. He might be willing to see the vehicle outside of the service department hours. Let me know if you're interested.

I bought my 2004 from TX dealer, Boardwalk Porsche. BUT I did have the car inspected before I gave them my $ - best $250 I spent since I couldn't see it in person. Think the pre-inspection is key with any used car purchase.

Thanks. If I decide to keep it and fix it I'll definitely let you know. Right now it looks like I'm just trading it in, eating the loss and leasing something new. :dunno:

My this thread is getting to be entertaining!

A few questions for the OP :

1. How did the X5 get from TX to you? Was it driven or shipped?

2. What exactly is wrong with the transmission? Did it just self destruct?

3. Why exactly does a sour deal with a dealer (along with lackluster research and documentation on your part) give cause for you to join these forums and bash BMW and the X5?

4. Is this the "kind, professionalism" you use in your dealings?

My .02: (totally unsolicited I'm aware)

I see Mercedes every day with issues. I by no means think they're crap as they have their issues like any other maker. I definitely don't think they have any less than BMW though. Yes I am biased based on my X5, but I've also owned a W210 E430 for about 6 months. No major problems with the car as has been the case with my BMW's, just fell asleep constantly while driving it.

I honestly can't see why the ML would be a better vehicle though. I'd love for you to explain :) I drive them almost daily and to me, as a daily driver they are horrible. Languid, loose steering, constant failed crank sensors (which means random stalling on the highway, intersection etc) multiple squeaks, exterior trim falling off, rattling valve lifters etc. Ohh, and the issue of that that Chrysler 300 or Jeep GC riding next to you sharing a nearly identical drive train :)

It looks like you saved some money on the deal. As suggested, try sucking it up and making it work. You happen to have one of the best looking Sport model SAV's available. I'm sure it's got immense potential with some TLC. Does it have accident damage? Smoked in?

I'm no BMW fanboy and can respect excellent engineering from any manufacturer. Does BMW have its share of problems? Absolutely! Mercedes? Yep! I can honestly say this though, if I buy a lemon Mercedes or other brand I wont be on their forums bashing them for the vehicle they chose to pay for. Nor will you see "F" this dealer or that. I guess at the ripe old age of 28, my definition of kind, professionalism is a bit different.

-Ben

Ben,
you're wise beyond your years. as my father used to say, "i have underwear older than you haha.
he bought a car with problems so he really shouldnt bash the car but the dealer is another story and BMW's response to dealer problems isnt very helpful. i once complained about my local dealer and all i got from bmw is "they are individually owned and we have no say on how they run their dealership" if that isnt a cop out. im unfortunate in that my dealer is a turd, but if i drive 40ish miles to the next, they are gentlemen. the local benz dealer treats it's customers like kings. i agree the ML is not their best vehicle either (why i bought the X5). i was told by my benz repairman to only buy benz built in germany. ( i love my e350 diesel) my x5 has 90k on it now and have had just about every problem imaginable with it.( now i have the right to bash the car) i bought it new and never beat it. i love the car when its perfect. it still doesnt have a single rattle in it. but even right now i have the headliner down to fix the problematic sunroof leak.
my local dealer "couldnt find" me a 4.4 when i was looking so i called a dealer in FL as i was going down on vacation. they called me back 10 mins later and had exactly what i wanted. i sent a deposit but didnt pay until i got there and kicked the tires. (and that was a brand new car, would never buy used without testing).
here's just one story bout my dealer. im at 49000 miles and the warranty is 50k. i bring it in and say the brakes feel funny. im looking for a free brake job. when i go to pick it up service manager say brakes are fine. they didnt find anything. but sure enough at 52k, im metal on metal! so i bring it back and he says hmm wow yup you need brakes thats strange, it's going to be $600. i just shook my head and walked out and did them myself.
i have a friend who is a chrysler dealer. as a kid he worked at RR. he runs his dealership like its a RR dealer. he picks up and delivers even for oil changes! and has loaners for eveyone. washes every car before it leaves, sends birthday cards. just really good personal service. the way every dealer should be. i think more than anything we live in a society where we take no personal responsibility for our actions.

Merry Christmas to All

MY EMAIL TO THE GENERAL MANAGER:


Monty, I'm emailing you becasue I am extremely displeased with my
recent buying experience at Momentum BMW and I'm hoping that I've come
to the right person. I'll give you a quick run down of my situation. I
was looking for an X5 4.8is. I loacted one on Cars.com in the
color/year/trim/options that I wanted. I contacted your dealership to
check availability and was happy to find out it was available. I asked
all the usualy questions: what is the condition of the vehicle? are
there scrathces, dents, dings? does the vehicle need any repair at
all? etc. I was assured the vehicle was in excellent condition, did
not need any repair and was just in overall great shape. I didn't
haggle over the price, set up my financing and even used your
recommended shipper and was ready to go within 48 hours. It was the
easiest sale your dealerhsip ever made. It took an extra week for the
vehicle to get to me, which didn't surprise me as I have purchsed 5
vehicle over the ingternet in the last 7 years and I know how this
works. However, when I finally received the vehicle a few weeks ago on
a Tuesday night I was immediately met with a problem. I started the X5
and let it run for a bit before I drove it home. Upon pressing the
accelorator I immediately had "Trans Fail Safe" show up on the
computer. The vehicle seemed to lose power and there was an obvious
problem. At this point I hadn't even noticed the scratches and dings
in the body that I had no knowledge of. The very next morning I called
Mai and told her about the problem and I quickly heard the words "well
our vehicles are sold as is" and I cannot tell you how disppointing it
was to hear that from the very same person that had completely
misrepresented this vehicle to me. I attempted to speak to someone by
the name of "Don" and 30 seconds into that conversation I was also
told that the vehicle was sold "as-is." That same day I used the
panoramic sunroof for the first time and it got stuck. I now had 2
problems with the X5 within hours of driving it for the first time. I
took it to the dealer the very next day and they told me it needs a
repair kit for the pano roof ($2000) and a new transmission ($8000)
and they replaced a leaking gasket in the trans which I paid for
($600). Monty, I feel I've been completely fooled by your dealership.
Aside from bad business, it's just flat out morally wrong. I trusted
your people to answer my questions honestly and accurately and what I
got was the complete opposite. How do we rectify this situation? I
simply want your dealership to do the right thing. Either repair the
vehicle to condition it was said to be in or take the vehicle back at
my shipping expense. I'm really at a loss here. I would have never
expected this, especially from a BMW dealership, a brand known for
outstanding service and an oustanding product. Monty, take a moment ot
consider my situtaion and the reputation of your dealership. There are
options in correcting this and I know we can agree mutually on a fair
outcome. Thank you for your time.

I'm pretty sure that's as vicil as one can be after pissing away almost $30,000. When hes responded he did say "I don't see where we did anything wrong but we'll pull the inspection and sales file and make sure an inspection was completed and an As-is buyers guide signed."

When their service manger called me back he tried countering my claim by saying "Mai drove it and it seemed fine." FYI guys Mai is the internet sales girl that answered the phone when I called about the ad on cars.com LOL these guys are jokers

I'm not sure if you did this already but run it through a word processor and separate different ideas into paragraphs.

CIVIL*

Joe,

Great and well thought out post. I agree that it changes dealer to dealer. My mom had an ML a couple years back--the dealership (MB of Morristown) was extremely friendly and helpful. However, I have a friend who used to work as a receptionist at that same dealer. She told me horror stories of the mechanics just hot glueing pieces on the car back on. Pretty pathetic for a mb dealer huh?

Anyway, I have been treated very well at Morristown BMW. I'm only 20 years old, and every other dealer has tried their best to take advantage of me. Thankfully, because of this forum that has not happened. I did decide to write an actual letter and mail it to the service manager about my awesome service with my SA. I think something like that goes a long way.

As about your friend with the Chrysler dealership--I applaud him for being the smartest out of all of them. Life is service, doesn't matter what your selling. He probably has very many loyal customers. I'd bet that his revenues bc of that service far exceed the cost. Good for him!

I copied from gmail and that's how it pasted here. Besides, paragraphs jsut aren't my hting...neither is spelling. :rolleyes:

Thank you for the compliment sir. I hate that you've experienced so many problems with the X5. I bought mine used from an Audi dealer in florida and it was the service manager's old vehicle. I did as you-put down a small deposit, then drove the 4 hours to physically look at the vehicle. I drove it, had them rack it up and allow me to go over it with a flashlight and a mirror from top to bottom, and finally made the purchase. It had 89k miles when i bought it. The service history shows no major mechanical repairs, just the usual oil leak repairs, intake gasket replacement. It has 102k on it now and the only complaint is the crappy transmission shifting. Something I hope to cure with software.

BTW, the E350 BlueTec is a nice ride!

-Ben

I'm just trying to help out. You should save all the e-mails or voice-mails so that you can present your legal case. You want them to come off as tools not you.

I flew down from CT to Jacksonville, drove it to my place in Palm Beach. Used it the two weeks I was there then had it shipped back to CT. Everything went off without a hitch. ahhh the good ole days haha


EG,
How do you feel about getting on a plane and being mano a mano? I've found alot of people are more receptive to doing the "right thing" when you are alone in their office with the door locked. Know what I mean?
As my Grandpa once said "I make him a deal he no can-a refuse"

A funny story when I was a kid. I had a paper route. It was raining one day when Granpa was visiting, so he gave me a ride. I get to this one house with a driveway about 1/4 mile long up hill. When I got back to his car Gramps asks me in broken english "how mucha you make a week on that house"? This was the early 70's. I say about 15c. He leaves me in the car and takes the long walk, knocks on the door and talks to the homeowner. The next day the guy cancels the paper. I was a little mad that whatever he said made the guy cancel and I lost my 15c /week. Years later after Gramps passed away, I ran into that guy in town. I asked him what was said. He told me Gramps said "you know who I am? the guys says ya. " my grandson, he don't walk way up here for 15c/week no more ok?" Apparently he saw the gun in his waistband. The guy got the message.

If he was still alive, he'd get your money back, minus a finders fee of course.

I'm baout to sound really ignorant, but if I get on a plane and fly to Texas to confront the scummy people who completely screwed me and can care less I'm 100% knocking someon out and defintiely landing myself in a TX jail. Seriously tho, I considered jsut going down there and test driving an M6 and mistakently putting it into the guardrail during a testdrive. And then maybe I'd try the X5 M and oops did it again, silly me... :confused:

If the Trans Fail Safe came on at any other time, wouldn't that be stored? Even if it was cleared, there might be a service history of it. I would talk to the SA that is dealing with your car locally to check the service history prior to you buying the car. I was able to find mine had been in for a coolant leak and not repaired (even under warranty) by the dealer.

The SA probably won't give you a copy of the service records as they claim it's proprietary information...but at least you'll know the facts about the car.

Did you get your title yet?

Still no title and no response from the dealer about registration yet!!!

I wonder how your bank would feel about that? You could talk to them about your options and their options about canceling the check based on you not receiving the title. They have a vested interest in the car too. Your temp tags should only be good for 30 days right? How can you even drive the car without proper registration?

Again, just random thoughts.

sounds great. must admit i like the idea:cool: but be carefull.

see! now you're talking my language. just because we drive gentlemen's cars doesn't mean we're gentlemen.
i've never taken offense when someone tries to punk me long distance, but when i'm face to face, that means they dont respect you, and that just doesn't work for me.
my father used to say you earn respect thru love or fear, and i don't care which it is.

just want to share my friend's buying experienced with Momentum BMW, he bought a 2005 330 cpo 2 yrs. ago with clean carfax, drove the car home and cleaned the car on that weekend, he found receipts of body repair on the dash...he was like:banghead::bawling: