[Tag]

Originally Posted by DaveFan782

Thanks for all your help thus far, everyone. All additional input is appreciated...

I'm sorry, maybe its just me... But I would try to get them to buy back the car altogether. I wouldn't want a car I purchased to have been involved in any accident.

If you plan to keep it until the doors fly off and don't mind the accident (provided they fix it properly) then work out a deal and keep it. If you think at some point in the next few years you are going to sell it try to have them buy it back.

It's going to be a pain to reverse the sale but if you keep it you will lose $$$ later when you sell. They will deduct $$$ from the cars trade in value when they see it was in an accident and multiple body panel have been painted.

I think the dealership is at fault. They sold you the car. They didn't properly inspect and repair the car for any damages. They are at fault. Good dealerships put all used cars on the lift and inspect them for damage and properly repair them before selling them. Sometimes cars that are too far damaged to be sold by them and tarnish their reputation are sent to auction.

If they said it had not been in an accident then they either didn't inspect it before selling or they lied to you. Both of which are not your fault.

That's just my .2¢

[TheBreak]

How is this CarFax's fault? If the previous owner paid for the repairs in cash, how the hell is CarFax to know what happened?

You guys are trying to say "sue carfax", "make carfax pay for it". Why the hell would they?
CarFax isn't some sophisticated mind reader, and cars don't talk. So unless the previous owner used insurance, which he probably didnt, then its got nothing to do with CarFax.

Jesus christ guys... learn the facts, then use them intelligently.

[John 070]

Originally Posted by OtuaCarGod

OK, here's the deal. You're at the mercy of the dealership you bought the car from. Your best course of action will be to go into the dealership, not call and e-mail. Go on a Monday morning around 10am if you can. You'll generally find all the managers there with a little bit of time on their hands. Ask to speak with the general manager. Explain your issue calmly, and explain to him that it's been reccomended for you to seek legal council, which you would prefer not to do. And ask for his help. Go in there with an idea of what you want to get out of the dealership. Do you want a waranty on the car? Do you want them to take it back? Explain you've enjoyed doing buisness with their dealership in the past, and you would like to continue reccomending them to your friends, family, and co-workers. They should take care of you.

Since the vehicle came from a new car dealership, doesn't it boil down to the "warranty/no warranty" window sticker? I know we all expect dealings to be fair, but unfortunately we're talking about the car business. They are equipped to disclaim, disavow, and profit from transactions. What seems dishonest to an ordinary person is business as usual for a car dealership. imho state attorneys general and dmvs are the ones who can lay the smackdown on dishonesty in the car business.

[DSXMachina]

Originally Posted by demosthenes

I would contact a lawyer to understand what the law is, what your rights are and develop a good strategy.

I would then follow that strategy. It might involve you approaching the seller or the attorney approaching the seller. The attorney is the expert, and assuming you find a good one, you should follow his or her advice.

+1
What the heck difference does a hundred armchair lawyers make?
You need a Colorado lawyer who knows Colorado consumer protection and motor vehicle laws.
End of discussion.

[OtuaCarGod]

Originally Posted by John 070

I know we all expect dealings to be fair, but unfortunately we're talking about the car business. They are equipped to disclaim, disavow, and profit from transactions. What seems dishonest to an ordinary person is business as usual for a car dealership. imho state attorneys general and dmvs are the ones who can lay the smackdown on dishonesty in the car business.

You know not of which you speak.

[Roowah]

I think there are people on here making some very good points. I would certainly go back to the dealership and discuss with them the possibility of having them re-purchase the vehicle and buy you out of your financing. There may be some repercussions that the dealership can have with the original owner, since that person should have been honest and disclosed the damage, but I don't think that is your responsibility.

Good luck with this ordeal. Hopefully you receive a positive resolution. Keep us posted.

[T Bone]

Originally Posted by TheBreak

How is this CarFax's fault? If the previous owner paid for the repairs in cash, how the hell is CarFax to know what happened?

You guys are trying to say "sue carfax", "make carfax pay for it". Why the hell would they?
CarFax isn't some sophisticated mind reader, and cars don't talk. So unless the previous owner used insurance, which he probably didnt, then its got nothing to do with CarFax.

Jesus christ guys... learn the facts, then use them intelligently.

I guess you really have no clue.....

If you buy a report from Carfax, and it give you a clean bill of health, Carfax is supposed to buy the car back if they are wrong.

So thank you for your completely ignorant post.

[COgator]

The likelihood that the dealership didn't know that the car was in an accident is slim to nil. Which dealership in the Denver area sold you the car?

[Revlis]

Originally Posted by T Bone

I guess you really have no clue.....

If you buy a report from Carfax, and it give you a clean bill of health, Carfax is supposed to buy the car back if they are wrong.

So thank you for your completely ignorant post.

[OtuaCarGod]

Originally Posted by T Bone

I guess you really have no clue.....

If you buy a report from Carfax, and it give you a clean bill of health, Carfax is supposed to buy the car back if they are wrong.

So thank you for your completely ignorant post.

My guess is the OP saw the CARFAX report at the dealership, not purchased it on his/her own at home. If the CarFax is produced by the dealer, which is routine now on used cars, the Buyback Guarantee is an additional cost.

[nmcampbell]

Originally Posted by DaveFan782

Here's the deal...
I bought it from a VW dealer that we (our BMW dealer) does business with all the time. A few guys here know the owner, so that's how I got the deal I did.

When I test drove the car, I popped the hood and noticed the bolts on the hinge were banged up, indicating that the hood had been taken off. I asked my salesman, the finance manager and the used car manager if the car had been in a front-end impact. They all said that it wasn't, to the best of their knowledge. They did not disclose any accidents or issues at the time of sale, and stated that the car was a good deal since it was 'still under BMW warranty.'

I asked them ~1month ago if they'd replaced the windshield, as my microfilter housing was loose and causing water to leak through the blower motor and glove box onto the floorboards. They ignored my Email and never returned my calls; BMW replaced/repaired it under warranty, thank God.
But seeing as how they handled that issue, I'm terrified of going to them first with this one. The car sat on their lot for 6 months. I know they wouldn't take it back without a struggle.

I don't have a lot of money to deal with, but would legal counsel still be the way to go?

.

Please for the love of god tell me you had someone with you when they represented to you that it was still under the BMW Warranty, or even better, that you got it in writing? And since you have a purchase contract in writing, I'm willing to bet there may be an attorneys' fees clause in there. Remember the general rule of thumb in most states (And I'm not an "armchair lawyer"...I do contract law for a living but I say that with the caveat that I'm not a Colorado attorney and don't know Colorado-specific laws) that unless there's a contract or specific statute that provides for attorneys' fees, your on your own.

Try to negotiate it with the dealer...ask them what they're going to do about the problem but don't make any promises on your end and mention that you've read the contract and there's an attorneys' fees clause in there (check it first to make sure, it's usually near the end of the document and will say something like "the prevailing party in any action to enforce this contract shall be entitled to his attorneys' fees or costs) and throw words around like fraud, fruadulent inducement, misrepresentation.

If that gets you nowhere, call your local bar association, find a lemon law attorney who represents plaintiffs...and go from there.

[nmcampbell]

By the way guys, as I understand their contract terms, the Carfax "guaranty" only applies if the vehicle was a "branded" title claim and they missed it....in other words, salvage title, rebuild, fire/flood damaged vehicle....any instance where the insurance company took it as a total loss. If the original owner paid cash to have it fixed, it would never show up on carfax. Furthermore, even if there was an accident which should show up on carfax, the carfax guaranty wouldn't apply, even if the OP paid for the report, unless the damage resulted in the vehicle being totaled in the first place.

[wantmye90]

This is yet another example of why one should always, always, always have an independent mechanic inspect any used car prior to purchase, even if it's being sold by a dealer who claims it's fully inspected and CPOd.

These days, one can never trust the person in the transaction who stands to profit. Buyer beware.

[John 070]

Originally Posted by OtuaCarGod

You know not of which you speak.

The only time I had a problem with a NCD who refused to refund my 5k deposit on an order (it was a Toyota so use your imagination on what model it was, hint, # of turbos = what the 335 has), I went to the attorney general's office in NYS personally. In a matter of 10 min., a 3rd year law intern told me I could go to the dealership and get my refund. At least in NY, the attorney general's office has more effectiveness and packs more punch than some silly inaccurate carfax report and toll free number for protection. Easy to be an armchair QB big daddy, but it's different when you're in the big game.

[txusa03]

Personally, I would get the dealer to buy the car back because you did not know the car was in an accident (I am sure the dealer knew the car was in a wreck but played dumb). Second, BMWNA is now telling you your car have no warranty (opposite of what you were told by the dealer). Third, you now know the truth that this car has been in an accident, that means if you keep the car and sell it later on, you must disclose this accident knowledge to the next buyer (The next buyer could use that to low ball you on the sale).

Just my 2cents. GL.

[rrandyy]

Originally Posted by John 070

The only time I had a problem with a NCD who refused to refund my 5k deposit on an order (it was a Toyota so use your imagination on what model it was, hint, # of turbos = what the 335 has), I went to the attorney general's office in NYS personally. In a matter of 10 min., a 3rd year law intern told me I could go to the dealership and get my refund. At least in NY, the attorney general's office has more effectiveness and packs more punch than some silly inaccurate carfax report and toll free number for protection. Easy to be an armchair QB big daddy, but it's different when you're in the big game.

Getting your deposit back and "returning" your car are two completely different things. In California (probably in your state too), deposits on your car are fully refundable. After you sign on the dotted line, though, its a different ball game. There is no cooling-off period.

[DSXMachina]

TheBreak wrote; Jesus christ guys... learn the facts, then use them intelligently.

But...but...wouldn't that eliminate three quarters of the postings?

[ages944]

Originally Posted by DSXMachina

TheBreak wrote; Jesus christ guys... learn the facts, then use them intelligently.

But...but...wouldn't that eliminate three quarters of the postings?

... how would that be a bad thing?

[m.rk77]

the prior owner has the legal obligation to disclose any accidents or any other issues with the vehicle. Talk to a lawyer...

[ScheerSpeed]

ouch....

[m.rk77]

carfax offers some warranties against this. You should read through it!

[DFW_M]

Originally Posted by nmcampbell

By the way guys, as I understand their contract terms, the Carfax "guaranty" only applies if the vehicle was a "branded" title claim and they missed it....in other words, salvage title, rebuild, fire/flood damaged vehicle....any instance where the insurance company took it as a total loss. If the original owner paid cash to have it fixed, it would never show up on carfax. Furthermore, even if there was an accident which should show up on carfax, the carfax guaranty wouldn't apply, even if the OP paid for the report, unless the damage resulted in the vehicle being totaled in the first place.

Exactly...T Bone again has no clue what he's talking about...
Carfact is doing business, not a charity organization...