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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > Canada > Class action suit against automakers who hinder cross border shopping



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      09-27-2007, 08:44 AM   #1
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Class action suit against automakers who hinder cross border shopping

There is a class action suit now being launched against North American automakers for hindering cross border vehicle shopping.

I am trying to get them to add BMW to the list of automakers because BMW FORBIDS their American dealers to sell to Canadians.

This is obviously a policy brought in to ensure the high cost of BMW automobiles in Canada.

I consider BMW's policy to be discriminatory (imagine Best Buy USA saying "we only sell plama tv's to Americans!!"), against the basic tenets of a free market especially in the context of NAFTA and possibly border-line illegal.

If you think the same way as I do about BMW's policies on cross border shopping, please email Henry Juroviesky (hjuroviesky@jruslaw.com) from the Toronto-based law firm Juroviesky and Ricci and let him know how you feel.

If you would like to read more please see http://news.sympatico.msn.ctv.ca/Top...lawsuit_070926
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      09-27-2007, 09:02 AM   #2
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hells yea!

"Juroviesky said it will take about nine months to find out if the lawsuit his firm filed will be certified. If it is, the lawsuit will include all people that bought or leased cars in Canada from 2005 to 2007."

Just includes me cause i got it in may05!
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      09-27-2007, 09:06 AM   #3
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Since BMW is not on the list of automakers, you'll have to petition the law firm, so please send them a quick email. Hopefully, as a group, we'll be able to convince them.
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      09-27-2007, 10:10 AM   #4
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GF, good work man, emailing them now!

Done... let you guys know what the response is.
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      09-27-2007, 10:17 AM   #5
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I know we're all so busy so here's a pre-written letter that you can use and modify as you wish. The email address to send to is hjuroviesky@jruslaw.com



Dear Mr Juroviesky,

I am writing to you in regards to your class action suit against North American Automakers which I praise you for.

I would like to purchase a BMW in the US but I have been told by the American dealers that they are FORBIDDEN to sell to Canadians.

This is obviously a policy brought in to ensure the high cost of BMW automobiles in Canada.

I consider the policy of BMW to be discriminatory (imagine Best Buy USA saying "we only sell plama tv's to Americans!!"), against the basic tenets of a free market especially in the context of NAFTA and probably border-line illegal.

My question for you Mr. Juroviesky would be; is there anyway to include BMW in your class action suit especially considering the extreme nature of BMW's policy preventing the free movement of their cars over the Canada-US border?

Best Regards
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      09-27-2007, 10:17 AM   #6
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how about we put our names down here.....and then we forward them a list of all the canadian members....that would be somewhat less hassle for them..
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      09-27-2007, 10:25 AM   #7
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That's also an option, is there a way to create a list on the forum?
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      09-27-2007, 10:41 AM   #8
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I'm not sure of the legal remifications, but could a United States citizen purchase the car, register it, etc... and then turn around and sell it to you?

After all, it would be titled and considered "used" at that point.
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      09-27-2007, 10:56 AM   #9
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+1 yes
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      09-27-2007, 10:58 AM   #10
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perhaps I could talk to my brother, and for a fee, we could get him to be the middle man.
He's in california.
Not sure about his credit.
It would look kinda funny if he's buying a bunch of cars, then flipping them. Can you imagine if he's buying a car a week what bmwna would say?
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      09-27-2007, 12:46 PM   #11
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Quote:
Originally Posted by kalch View Post
perhaps I could talk to my brother, and for a fee, we could get him to be the middle man.
He's in california.
Not sure about his credit.
It would look kinda funny if he's buying a bunch of cars, then flipping them. Can you imagine if he's buying a car a week what bmwna would say?
he'd get crazy discounts from BMW...lols but then he'd prolly get investigated by the gov of canada....
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      09-27-2007, 12:57 PM   #12
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Oops...I just posted this same issue on a different thread.

Add me to this list, its about time we Canadians stand up and fight instead of tuck tail and run.
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      09-27-2007, 01:37 PM   #13
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Quote:
Originally Posted by kalch View Post
perhaps I could talk to my brother, and for a fee, we could get him to be the middle man.
He's in california.
Not sure about his credit.
It would look kinda funny if he's buying a bunch of cars, then flipping them. Can you imagine if he's buying a car a week what bmwna would say?
Wouldn't the dealer have to charge him state tax? I think that part is avoided by the dealer selling to the Canadian resident direct.
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      09-27-2007, 01:52 PM   #14
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If, by whatever means we could buy NEW from the USA, here's what we'd be facing.

From USA: Price of the car + sales tax (Roughly 6%)
+
Into Canada: GST (6%) + PST (7% Ontario) + Duties (6.1%) + $100 Air conditioning tax + $206 Inspection + $1000 Recall letter from BMW (No idea what for)

Note the GST, even though you've paid tax in the States, you MUST pay both GST and PST when coming into Canada. Also, think of the troubles you may have when trying to sell the car later on.

A lot of this can be avoided buying used, but who knows what the previous owner abused the car. I for one dislike the fact everything will be in miles, not km too. A used 07 with 8000 miles (11,000 km) isn't worth the $8000 is savings. I'm sooo on the fence with this. heh
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      09-27-2007, 01:58 PM   #15
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you just stated a fact that needs to be addressed why does the recall letter from BMW now cost a $1000 when last year it was free, this is a blatent fee to tax Canadians this is the stuff that the class action suit needs to look at. It is nothing more than a tarriff against free trade
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      09-27-2007, 02:23 PM   #16
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Quote:
Originally Posted by tyrewt View Post
If, by whatever means we could buy NEW from the USA, here's what we'd be facing.

From USA: Price of the car + sales tax (Roughly 6%)
+
Into Canada: GST (6%) + PST (7% Ontario) + Duties (6.1%) + $100 Air conditioning tax + $206 Inspection + $1000 Recall letter from BMW (No idea what for)

Note the GST, even though you've paid tax in the States, you MUST pay both GST and PST when coming into Canada. Also, think of the troubles you may have when trying to sell the car later on.

A lot of this can be avoided buying used, but who knows what the previous owner abused the car. I for one dislike the fact everything will be in miles, not km too. A used 07 with 8000 miles (11,000 km) isn't worth the $8000 is savings. I'm sooo on the fence with this. heh

i believe we all agree with this fact. what we would all like to see is the price changes to reflect the now stronger canadian dollar. going to the US to purchase a car is not the solution no matter how much $$ we can save. we live in canada, it is our home, we should not have to go to a foreign country to purchase automobiles for the sake of saving a buck!

now if the prices came to around the same on both sides of the border and the canadian government chooses to tax us 14% + other misc. fees, sure. nothing can be done by the car manufacturers...thats truly a federal matter.
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      09-27-2007, 02:33 PM   #17
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Quote:
Originally Posted by ctgazer View Post
i believe we all agree with this fact. what we would all like to see is the price changes to reflect the now stronger canadian dollar. going to the US to purchase a car is not the solution no matter how much $$ we can save. we live in canada, it is our home, we should not have to go to a foreign country to purchase automobiles for the sake of saving a buck!

now if the prices came to around the same on both sides of the border and the canadian government chooses to tax us 14% + other misc. fees, sure. nothing can be done by the car manufacturers...thats truly a federal matter.
Agreed, that's why I'm trying to get my dealer to work with me a lil on our already negotiated deal. It all comes down to this:

a. My dealer takes a modest amount off our current deal on my 08 basic config order ($61k).
b. I get my cousin to buy new basic config 08 in the USA and sell it to me ($56k).
c. I buy a used 07 with 8000 miles and loaded in options ($52k).

Not sure the value of 8000miles (11,000km), so it may not be worth the savings. Hard decision for me.
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      09-27-2007, 05:45 PM   #18
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As much as it pains me, a) seems like the route to go.
If it wasn't such a pain bringing a car over -- hence the lawsuit -- then it would be a no-brainer.
But if I, ahem, ask nicely, surely the dealer will be nice and renegotiate downward.
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      09-27-2007, 06:11 PM   #19
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My Q is (and excuse me if this has been posted already):

For those of us who purchased an 07 or 08 at full price for example, would we be screwed if they dropped the new 09 prices suddenly by 10K? Wouldn't we lose out big time in black book values come sell time in a few years? What protection is there for us already car owners? I for one am hoping they remain steady on car prices now that I have sunk 70 K on my car!
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      09-27-2007, 06:16 PM   #20
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Quote:
Originally Posted by 3352G0 View Post
My Q is (and excuse me if this has been posted already):

For those of us who purchased an 07 or 08 at full price for example, would we be screwed if they dropped the new 09 prices suddenly by 10K? Wouldn't we lose out big time in black book values come sell time in a few years? What protection is there for us already car owners? I for one am hoping they remain steady on car prices now that I have sunk 70 K on my car!
This is a problem for everyone, especially BMW, which surely doesn't want to irritate those who bought in good faith a year or two earlier and hurt the overall market. They'll hold tight until the dollar drops back, tossing in a few goodies along the way to tease new buyers into thinking they're saving a bundle.
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      09-27-2007, 06:29 PM   #21
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Quote:
Originally Posted by 3352G0 View Post
My Q is (and excuse me if this has been posted already):

For those of us who purchased an 07 or 08 at full price for example, would we be screwed if they dropped the new 09 prices suddenly by 10K? Wouldn't we lose out big time in black book values come sell time in a few years? What protection is there for us already car owners? I for one am hoping they remain steady on car prices now that I have sunk 70 K on my car!
If you buy a new house from a builder will the builder guarantee your property value when you resale it? If the value of your house dropped, will you blame the builder? If you bought google stock and even the stock climb but because of the US$ dropped and end up you losing money, will you blame on google?

Well... In the beginning, I dun have any hope that BMW Canada will do anything too but after seeing Porsche dropped their MSRP, sooner or later BMW will do something, maybe though in some more option for free, very low interest rate or more discount...etc. So I am going to hang on with my E46 until they going to do something.
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      09-27-2007, 07:43 PM   #22
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BMW is viewed as a prestige vehicle.
To lower the price would take away that image and no manufacturer would want that.
Nor do I for that matter. There are too many of the damn things on the road as it is!
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