Talk me down

DBE · 08-07-2012, 01:29 AM

I'm raging inside right now.

I bought a premium selection M series bmw 6 weeks ago from the biggest dealer in SEQ and I've had endless problems with it. 5 visits to BMW in in 6 weeks of ownership with the last work taking a week. The car obvious new problems before I'd even driven around the block. Seething, I took the car back the next day to demand a refund. The manager wasn't available, took him from Friday to Tuesday to ring me and tell me no refunds. No matter what. period.

What are my avenues of recourse? I have the service history since I bought it. What do I do?

resistor · 08-07-2012, 01:33 AM

Quote:

Originally Posted by bmwbertman

I'm raging inside right now.

I bought a premium selection M series bmw 6 weeks ago from the biggest dealer in SEQ and I've had endless problems with it. 5 visits to BMW in in 6 weeks of ownership with the last work taking a week. The car obvious new problems before I'd even driven around the block. Seething, I took the car back the next day to demand a refund. The manager wasn't available, took him from Friday to Tuesday to ring me and tell me no refunds. No matter what. period.

What are my avenues of recourse? I have the service history since I bought it. What do I do?

sorry to hear that mate.
what kind of issues has it been having?

DBE · 08-07-2012, 01:38 AM

Engine Hesitation
Broken Engine Mount
Diff grinding
Clunk from rear end
Coil 3 gone
Plugs bad

and now!
Lost torque below 3k rpm
Misfire at over 6k rpm
Alternator dead

Lucky I bought a Premium Selection car
Is their any point in contacting bmw australia?

resistor · 08-07-2012, 01:42 AM

Quote:

Originally Posted by bmwbertman

Engine Hesitation
Broken Engine Mount
Diff grinding
Clunk from rear end
Coil 3 gone
Plugs bad

and now!
Lost torque below 3k rpm
Misfire at over 6k rpm
Alternator dead

Lucky I bought a Premium Selection car
Is their any point in contacting bmw australia?

jeez, what a list!.....i would be furious. totally understand your frustration.
i would be bashing down the door of head office for sure.
So much for premium selection hey!

sparoz · 08-07-2012, 01:46 AM

Quote:

Originally Posted by bmwbertman

Engine Hesitation
Broken Engine Mount
Diff grinding
Clunk from rear end
Coil 3 gone
Plugs bad

and now!
Lost torque below 3k rpm
Misfire at over 6k rpm
Alternator dead

Lucky I bought a Premium Selection car
Is their any point in contacting bmw australia?

Definitely as it is a Premium Selection.

Kiwi Peter · 08-07-2012, 02:53 AM

Quote:

Originally Posted by bmwbertman

I'm raging inside right now.

I bought a premium selection M series bmw 6 weeks ago from the biggest dealer in SEQ and I've had endless problems with it. 5 visits to BMW in in 6 weeks of ownership with the last work taking a week. The car obvious new problems before I'd even driven around the block. Seething, I took the car back the next day to demand a refund. The manager wasn't available, took him from Friday to Tuesday to ring me and tell me no refunds. No matter what. period.

What are my avenues of recourse? I have the service history since I bought it. What do I do?

Hang in there they will fix it, at the end of the day it is a used car they dont know how it drives or runs say after a 10km drive. You will not get a refund they wont do that even for a new car
The dealer will try hard but you must push them, good luck

BMW86 · 08-07-2012, 05:53 AM

I'd push the dealer for repairs, doubt they will take it back (or want it back).

Can we have more background info on the car? Build date, km's etc

DBE · 08-07-2012, 05:58 AM

Mid 07
45k
2 prior owners
Local car

They made it pretty clear they dont want it back

510135 · 08-07-2012, 06:09 AM

Quote:

Originally Posted by bmwbertman

Mid 07
45k
2 prior owners
Local car

They made it pretty clear they dont want it back

Is that the white one with the performance stripes down the side? From Brisbane BMW ? I remember seeing one like that near lamborghini

///Chase · 08-07-2012, 06:16 AM

this makes me cringe when i hear a story like this

hope it all works out for you dude!

1_dez · 08-07-2012, 07:54 AM

remember to fill in the satisfaction survey correctly to reflect your feelings!

BBK · 08-07-2012, 05:18 PM

Maybe a refund might not be possible, but what about an 'exchange'?

resistor · 08-07-2012, 05:47 PM

Quote:

Originally Posted by BBK

Maybe a refund might not be possible, but what about an 'exchange'?

The dealer should take responsibility for selling a sub standard
used vehicle....fixed everything that's wrong will it, and give a free extended warranty to compensate.
in a perfect world that's what should happen.

BBK · 08-07-2012, 07:27 PM

I think he has every right to get another car instead. If a business sells you something that doesn't work, you're entitled to get it exchanged?

Knightelf · 08-07-2012, 07:30 PM

You have legal remedies, there are statutory warranties even for 2nd hand cars. If they don't come to the party, I'd file something with ACCC/fair trading, or even get your lawyer involved. Speak with dealer principal & BMW Australia first though.

Good luck!

///M-pressed · 08-07-2012, 07:34 PM

Tell them to change the coils and plugs, which would be causing the engine hesitation.

The grinding noise the diff is making, it just needs some oil added to it so it's no big deal.

In regards to the broken engine mount, how the hell could someone not pick that up before selling the car? For that to happen in the 6 weeks that you have had it, I find it hard to believe it could be broken, especially on a car with only 45,000kms on it.

Alternator could just be a coincidence.

resistor · 08-07-2012, 07:42 PM

Quote:

Originally Posted by BBK

I think he has every right to get another car instead. If a business sells you something that doesn't work, you're entitled to get it exchanged?

Yeah, they should for sure. you would expect the same if you purchased a toaster or pair of pants.
but we're talking about used car salesmen.
once they have your cash, they generally want nothing more to do with you (until its time to upgrade of coarse)

Knightelf · 08-07-2012, 07:47 PM

Quote:

Originally Posted by BBK

I think he has every right to get another car instead. If a business sells you something that doesn't work, you're entitled to get it exchanged?

The vendor can choose to repair it but if irreparable they have to replace it.

resistor · 08-07-2012, 07:51 PM

Quote:

Originally Posted by Knightelf

You have legal remedies, there are statutory warranties even for 2nd hand cars. If they don't come to the party, I'd file something with ACCC/fair trading, or even get your lawyer involved. Speak with dealer principal & BMW Australia first though.

Good luck!

true. you get 3 months (or 5000km) under stat warranty -

http://www.fairtrading.qld.gov.au/ca...-consumers.htm

BBK · 08-07-2012, 08:08 PM

Quote:

Originally Posted by Knightelf

The vendor can choose to repair it but if irreparable they have to replace it.

Exactly, but doesn't sound like they want to fix it?

sparoz · 08-07-2012, 09:35 PM

Sounds like they are fixing it, but I think the OP just sick of going back. I think the OP can contact BMW Aust and tell them his experience about a Premium Selection Vehicle. Where Premium Selection was marketed as better than other vehicles. I would also kindly bring the Consumer Gurantees Law and highlight the relevant facts to the dealer. There are fines if they don't comply to the law.

Consumer laws from Jan 2011 means that the product must be fit for its purpose. I am not sure how much you pay for the vehicle, and I don't remember if there is a limit is so the new rules may or may not apply in your case.

A car is a form of transport, and if you have to take it back 5 times in 6 weeks and if each time it took them 1-2 days to fix, I would argue that it is not fit for your purpose to use the car to travel to and from work each day.

The dealer cannot say absolutely no refund as it is actually illegal to say that, and on that count you can report them to ACCC. The dealer is also liable for any loss that it might have occurred due to the product not performing to your intention for using it. Ie, they have to pay for all those cab fares if they didn't provide a loan car etc. From reading your post, I would argue that this is to be classed as a major problem and the consumer guarantee rules stated that you have a choice on how to remedy the situation including a refund.

The dealer can fix the car as long as it is reasonable, but 5 times out of six with separate issue each time means that you could possibly argue that it is unreasonable, especially you have bought a Premium Selection Vehicle which is supposed to be checked with defects. In fact it doesn't have the "extra qualities or performance that you were promised before the sale".

I am not a lawyer, but recently educated myself with the new rules for the business as ACCC is randomly doing an audit.

All your information can be found in the ACCC website under Consumer Guarantee. Hope this helps.

VGR00 · 08-08-2012, 12:06 AM

As frustrating as it may be, keep calm and put it all in writting and stick to the facts without threats. It's very sad if they sold the car without themselves doing the inspection and I'd also be questioning them on selling you a car with a broken engine mount as this should have been picked up with road worthy check / certificate. I'd be very surprised if the dealer in question is trying to walk away from their obligation to get this sorted.

08-07-2012, 01:29 AM	#1
DBE First Lieutenant 31 Rep 308 Posts Drives: 08 E92 M3 Join Date: May 2012 Location: Brisbane iTrader: (0)	Talk me down I'm raging inside right now. I bought a premium selection M series bmw 6 weeks ago from the biggest dealer in SEQ and I've had endless problems with it. 5 visits to BMW in in 6 weeks of ownership with the last work taking a week. The car obvious new problems before I'd even driven around the block. Seething, I took the car back the next day to demand a refund. The manager wasn't available, took him from Friday to Tuesday to ring me and tell me no refunds. No matter what. period. What are my avenues of recourse? I have the service history since I bought it. What do I do?
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08-07-2012, 01:38 AM	#3
DBE First Lieutenant 31 Rep 308 Posts Drives: 08 E92 M3 Join Date: May 2012 Location: Brisbane iTrader: (0)	Engine Hesitation Broken Engine Mount Diff grinding Clunk from rear end Coil 3 gone Plugs bad and now! Lost torque below 3k rpm Misfire at over 6k rpm Alternator dead Lucky I bought a Premium Selection car Is their any point in contacting bmw australia?
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08-07-2012, 05:53 AM	#7
BMW86 Major General 398 Rep 9,156 Posts Drives: RS3 Sedan / Macan S Join Date: Jul 2008 Location: Australia iTrader: (0)	I'd push the dealer for repairs, doubt they will take it back (or want it back). Can we have more background info on the car? Build date, km's etc
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08-07-2012, 05:58 AM	#8
DBE First Lieutenant 31 Rep 308 Posts Drives: 08 E92 M3 Join Date: May 2012 Location: Brisbane iTrader: (0)	Mid 07 45k 2 prior owners Local car They made it pretty clear they dont want it back
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08-07-2012, 06:16 AM	#10
///Chase Lieutenant 114 Rep 514 Posts Drives: 16' m4 Join Date: Mar 2012 Location: Brisbane iTrader: (0)	this makes me cringe when i hear a story like this hope it all works out for you dude!
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08-07-2012, 07:54 AM	#11
1_dez Private 4 Rep 94 Posts Drives: 1er Join Date: Jun 2012 Location: Vic iTrader: (0)	remember to fill in the satisfaction survey correctly to reflect your feelings!
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08-07-2012, 05:18 PM	#12
BBK Banned 88 Rep 3,070 Posts Drives: A boring one... Join Date: Oct 2008 Location: Australia iTrader: (0) Garage List 2009 BMW 135i [5.76]	Maybe a refund might not be possible, but what about an 'exchange'?
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08-07-2012, 07:27 PM	#14
BBK Banned 88 Rep 3,070 Posts Drives: A boring one... Join Date: Oct 2008 Location: Australia iTrader: (0) Garage List 2009 BMW 135i [5.76]	I think he has every right to get another car instead. If a business sells you something that doesn't work, you're entitled to get it exchanged?
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08-07-2012, 07:30 PM	#15
Knightelf Captain 87 Rep 886 Posts Drives: M235i Join Date: Oct 2009 Location: Brisbane iTrader: (0) Garage List 2011 BMW 135i [0.00]	You have legal remedies, there are statutory warranties even for 2nd hand cars. If they don't come to the party, I'd file something with ACCC/fair trading, or even get your lawyer involved. Speak with dealer principal & BMW Australia first though. Good luck!
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08-07-2012, 07:34 PM	#16
///M-pressed Lieutenant 276 Rep 417 Posts Drives: E46 M3, F82 M4 Join Date: Jan 2011 Location: Sydney & Melbourne Australia iTrader: (0)	Tell them to change the coils and plugs, which would be causing the engine hesitation. The grinding noise the diff is making, it just needs some oil added to it so it's no big deal. In regards to the broken engine mount, how the hell could someone not pick that up before selling the car? For that to happen in the 6 weeks that you have had it, I find it hard to believe it could be broken, especially on a car with only 45,000kms on it. Alternator could just be a coincidence.
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08-07-2012, 09:35 PM	#21
sparoz Brigadier General 191 Rep 4,848 Posts Drives: VO 1///M; Macan Turbo Join Date: Jun 2008 Location: Sunshine Coast iTrader: (0)	Sounds like they are fixing it, but I think the OP just sick of going back. I think the OP can contact BMW Aust and tell them his experience about a Premium Selection Vehicle. Where Premium Selection was marketed as better than other vehicles. I would also kindly bring the Consumer Gurantees Law and highlight the relevant facts to the dealer. There are fines if they don't comply to the law. Consumer laws from Jan 2011 means that the product must be fit for its purpose. I am not sure how much you pay for the vehicle, and I don't remember if there is a limit is so the new rules may or may not apply in your case. A car is a form of transport, and if you have to take it back 5 times in 6 weeks and if each time it took them 1-2 days to fix, I would argue that it is not fit for your purpose to use the car to travel to and from work each day. The dealer cannot say absolutely no refund as it is actually illegal to say that, and on that count you can report them to ACCC. The dealer is also liable for any loss that it might have occurred due to the product not performing to your intention for using it. Ie, they have to pay for all those cab fares if they didn't provide a loan car etc. From reading your post, I would argue that this is to be classed as a major problem and the consumer guarantee rules stated that you have a choice on how to remedy the situation including a refund. The dealer can fix the car as long as it is reasonable, but 5 times out of six with separate issue each time means that you could possibly argue that it is unreasonable, especially you have bought a Premium Selection Vehicle which is supposed to be checked with defects. In fact it doesn't have the "extra qualities or performance that you were promised before the sale". I am not a lawyer, but recently educated myself with the new rules for the business as ACCC is randomly doing an audit. All your information can be found in the ACCC website under Consumer Guarantee. Hope this helps. __________________ Macan S Diesel - Carrera White Macan Turbo - White 1///M - Valencia Orange
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08-08-2012, 12:06 AM	#22
VGR00 Major 53 Rep 1,497 Posts Drives: 430i Gran Coupe Join Date: Feb 2007 Location: Brisbane - Australia iTrader: (1)	As frustrating as it may be, keep calm and put it all in writting and stick to the facts without threats. It's very sad if they sold the car without themselves doing the inspection and I'd also be questioning them on selling you a car with a broken engine mount as this should have been picked up with road worthy check / certificate. I'd be very surprised if the dealer in question is trying to walk away from their obligation to get this sorted.
	Appreciate 0 Quote