Would you litigate against your dealer for their mistake?
 

Follow members - I just picked up my new vehicle via the BMW PCD program. Bought the car from a dealer offering the best price and trade.

When I picked up the car in SC, I discovered that the wood trim was wrong and called my CA. No response, I subsequently raised this to BMW's Customer Service team (not quite sure of their value) but they were unable to get anywhere with the dealer. This is a dealer error and not a BMW error. I have an order form and proof of deposit indicating the right trim, but the dealer said that I approved an order otherwise (but have been unable to provide this order form.) As such, they refused to make things right.

My stance is that I ordered a car and have the right to anticipate that the dealer would order it to my specifications for the deposit I made. As delivery was NOT at the dealership, I had to finalize paper work with them prior to pickup - so inspection of the vehicle was not feasible.

Any thoughts or recommendations? Any one facing the same problem, specifically in NY state?

Just wondering - were you able to see your options online when it was being built? I remember being able to verify mine after my order. I definitely wanted to be sure it was inputted correctly. Back then it was a "special order" saddle brown.

If the mistake was indeed theirs, then yes. The vehicle should be delivered the way you specifically ordered it.

Funny - if you were at the PDC (at the plant) you should have raised this issue with them. They might have been able to help remedy the situation... as they are the plant and have all parts nearby.

:iagree: I thought the same thing. You were literally inside the E70 Womb...anything and everything you could ever want or need for an E70 was where you were. You took the car, knowing it was wrong?

Which dealer in NYC? If its Manhattan, good luck with that!

No, I would not litigate.

I would meet with the dealer general manager, explain the problem, and ask for his assistance. If that didn't go anywhere, I would not deal with that dealer in the future, and would chalk it up to experience.

Litigation generally means the attorneys are the only ones making out - the one you will pay included. Try to lay out the facts and schedule a face to face meeting with the GM as JCL suggests.

You might have lost any leverage if technically you did approve the order the way it came out. This is also complicated by the fact that you actually drove away with the X5. Assuming you saw the difference when you were there with the X5, you could have called the GM from SC and had a conversation then.

It's unfortunate, I hope it works out for the best for you and hopefully the color of the wood isn't a show stopper for you to enjoy the vehicle if it's not somehow switched at no cost or you won't pay.

These are very limited facts.

In general, as a purchaser, you have the right to either accept or reject a good. A "good" being the product (i.e., X5).

You have really complicated the situation by "accepting" the X5 knowing that it was did not conform to your original order.

I think you have sounds advice from other in this post since legal fees would swallow up this case.

Lessons learned:

- NEVER accept a nonconforming good. You have the right to walk away!
- In the US at least, cases aren't really about who is right or wrong; it's all about the cost of trying to prove whether or not you are right.

BMW does have misbuilds - just start with the customer care at BMWNA and see what they tell you. If you have your build order and it specifies the correct trim then I'm sure they will work with you to get it resolved.

I don't know if you are a BMWCCA member, but if so, they actually have ombudsmen that will help you with your dealer issues.

gramercy:
I thought that the wood trim/trim panels were replaceable...
why not have your selling dlr do a swap out, if in fact the order was goofed up?

And, no I would skip the lawyer for this, and I don't understand why you
didn't notice it or, bring it up at PDC, before accepting car.
GL, md

I bet if you handle it with civility, they will compensate you in other ways and give you perks to make up for their mistake. I have learned in years of doing business, that when you approach things from a friendly angle, you get better results the majority of time. If they do not oblige, then click into a-hole mode.

Read your sales agreement carefully. Somewhere in the small print it binds you into arbitration. Your options are VERY limited in arbitration, and it will still cost you a bunch of money Most of not all car dealers in the US stipulate arbitration on the sales agreement as your only legal recourse.

As MotorDavid suggests: wood trim is replacable. Talk to the GM of the dealership, show him the sales agreement order and ask to have the wood trim exchanged out.

I'd only litigate if I was a member of the bar.

BMWNA will do nothing to help you... they are spineless and worthless.