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      05-13-2011, 07:17 AM   #1
jonnyuk06
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Advice needed ASAP

could do with some advice please..

bought a 330d se 56 plate with 93k on the clock for 9.2k from a bmw dealer but not bmw approved.

took deliver of the car last saturday (in the pooring rain and driven to me), the car had a worksheet of stuff needed to be done. some points have not been done, others done very very poorly.

basically some scuffs needed repairing on the sills and bumpers. the bumper has been touched up with just a touch up stick, not smart repair etc.

there is also a rust spot that will now be repaired under bmw corrosion warranty after approval from bmw germany, there other bits and bobs to.

spoke to the sales manager (not the sales man who sold it me) today who said because its not bmw approved it does not go through bmw body shop and does not get the same level of finish, after some arguing he agreeded to smart repair the bumper (he actually said all they do is touch stuff with a touch up pen). at no point was i informed that because its not bmw approved that it won't be finished to bmw standards, i said if i had been told this i would of walked because it does look very taty in places.

i have since gone back and said i really want my old car back (was only 1k to change) and we will call it quits. he said to me the 7 day cooling off period does not apply to non approved bmw sales and it may not be possible to refund me etc.

my question is, is he right? what are my rights as a buyer?

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J
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      05-13-2011, 07:26 AM   #2
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How did you pay the 1k?
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      05-13-2011, 07:29 AM   #3
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I'm not sure its all about whether it was a BMW AUC car or not. Its more about what was discussed when you agreed to buy, were particular issues with the car mentioned and what did they say they would do to resolve them. If for example you pointed out a mark on the bumper and they said don't worry that will be sorted out properly then they have failed to do so. As regards a cooling off period not sure they legally have to give you that, if nothing was talked about as regards repairs and you just hoped they would be sorted then maybe you don't have a strong case.

I would play a lot on their reputation and convince them they want you as a happy customer and how your expectations have not been met by a main dealer. Plenty of complaining in the right ears should help.
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      05-13-2011, 07:37 AM   #4
jonnyuk06
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paid the 1k on a credit card

i got the work needed written down on a work sheet (some of this is not done yet, others bits sub standard). although to chips appeared on the windscreen on arrival that where not present when i viewed the car the week before but of course can't prove either way, he said he can can them fixed by autoglass (having had this done i know it will just patched not a replacement)

its the quality of work i'm worried about, he said "better than before, smart repair"! that for me is not good enough, i want assurances it will be done properly. i said to the guy i don't want this dragging out for weeks, backwards and forwards until its done right. there version of better and my version of done right maybe completely different, hence my question to the dealer about a refund. i appreciate there margins are tight and to do it right will cost hundreds so enquired about a refund.

having done some research 7 days cooling off does not apply if the contract was sided at the sellers premises, end of.
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      05-13-2011, 07:40 AM   #5
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You have no cooling off period but you can expect fair service. Hopefully you can get it all resolved but you have no right to demand your old car back.
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      05-13-2011, 07:43 AM   #6
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You can reject a car within 30 days if it is not as described. I did this successfully a few years ago after having a bag of wank XC90 for 5 days. There wasnt a p/x involved though. I got all my cash back. A quick call to a solicitor or citizens advice should do the trick and bring you up to speed on how to communicate this to the dealer. Make sure all your communication between you and the dealer are in writing as far as you can.Good luck.
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      05-13-2011, 07:45 AM   #7
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It's not as simple with a second-hand car because "not as described" and "not fit for purpose" are open to interpretation. If the car was described as "excellent condition" then you might get somewhere otherwise it might be considered reasonable wear and tear on a car that's about 5 years old.
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      05-13-2011, 07:48 AM   #8
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Tell your credit card company, explain what's going on immediately, at best they might pull back the 1k.
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      05-13-2011, 07:54 AM   #9
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he guy is calling me back this afternoon, he may turn round and say we will respray the rear bumper, do the other bits. if he does then that's good and i kinda know/expect i can't have the refund. my problem will come if he says smart repair only and it looks rubbish still.
i suppose i'm banking on their good will and the fact they don't want to spend money sorting the car out.

cheers for the advice all.
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      05-13-2011, 07:58 AM   #10
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As there is no finance agreement involved, you don't really have a leg to stand on, your word against sales person. I stand by my advice, to notify your credit card company, because if they side with you, it might spur the dealer to sort it in your favour.
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      05-13-2011, 09:08 AM   #11
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Quote:
Originally Posted by xenon View Post
It's not as simple with a second-hand car because "not as described" and "not fit for purpose" are open to interpretation. If the car was described as "excellent condition" then you might get somewhere otherwise it might be considered reasonable wear and tear on a car that's about 5 years old.
For clarity then, the XC90 I bought was supposed to have a winter pack, turned out it was a xenon pack, the problem being no heated seats which the advert said it did (it was a used car) . I didn't realise till collection day, and the dealer was going to find out if they could retrofit. It was that shit to drive though, it went back, even though they offered me extra cash back to persuade me to keep it. Not as described is the key.

Can the op point to a clear difference to what the car was described, rather than condition based. Hard to tell when i re read the posts
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      05-13-2011, 09:11 AM   #12
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Yours clearly wasn't as described as it was missing bits that the advert said, so fairly clear-cut. If you're talking about condition it's much more difficult. A five / six year old car with nearly 100,000 miles is not going to be perfect. It depends how bad it is and what was promised to rectify at time of sale. Probably is hearsay though unless written down.
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      05-13-2011, 09:58 AM   #13
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spoke to the manager, i'm driving the car down to him tomorrow morning so he can look at it him self (he normally does not work saturdays). he also said can't give me old car back because its now registered to me at dvla.

in terms of the condition, we noted all the bits that needed to be done, some of which have not been repaired, others very sub standard. if your saw the paint job on the rear bumper you would appreciate how bad it is, basically the touch up is a different shade and looks like its ran down the bumper (they also missed a few bits on the bumper)

if they do what they said they would and to a high standard then i have no room for complaints, my issue was trying to get them to do a proper job.

we will see what tomorrow brings.
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      05-13-2011, 10:00 AM   #14
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Sounds to me like they'll sort it and you'll be able to enjoy your new car.
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      05-13-2011, 10:22 AM   #15
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hopefully, always best been prepared. hence my initial question as to where i stand
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