Pacific BMW PDI Joy Ridden 1M Coupe Was Mine!

[luckytopher]

I'm not sure why people think this $10k refund is a magic number for what is "fair"...

Let's imagine for a second that he didn't pay $10k over MSRP. Let's imagine that he paid EXACTLY MSRP. Then the dealership offers $2k (just like this time). Is that okay? Or do they still owe him $10k? Why?

Not saying the dealership is right, but also saying that the $10k is not necessarily right either, as it's just a random number picked from the air.

[Satalite]

I still can't see why there is so much criticism about his choice of recourse. Going to the dealer is an obvious dead end... And like many people pointed out the dealer isn't going to do much of anything because they are hoping he just let's this issue drop and accept the dealers "fair" terms.

I'm sure no one on this forum would like anyone joy riding their 50K of automobile that they OWN without prior knowledge...

[F80NJM3]

Originally Posted by luckytopher

I'm not sure why people think this $10k refund is a magic number for what is "fair"...

Let's imagine for a second that he didn't pay $10k over MSRP. Let's imagine that he paid EXACTLY MSRP. Then the dealership offers $2k (just like this time). Is that okay? Or do they still owe him $10k? Why?

Not saying the dealership is right, but also saying that the $10k is not necessarily right either, as it's just a random number picked from the air.

It's not a random number picked from the air.. It's a number that he paid to have an exclusive-limited brand new car, and it should have been treated just as that.

[dh58]

Do it.

[WWONG]

Screw the 10k over MSRP which is already ridiculous-- I would ask for a complete refund and they can keep their 1M

[Artmasterx]

Originally Posted by luckytopher

I'm not sure why people think this $10k refund is a magic number for what is "fair"...

Let's imagine for a second that he didn't pay $10k over MSRP. Let's imagine that he paid EXACTLY MSRP. Then the dealership offers $2k (just like this time). Is that okay? Or do they still owe him $10k? Why?

Not saying the dealership is right, but also saying that the $10k is not necessarily right either, as it's just a random number picked from the air.

I think the key here is 10k plus the extended warranty/maintenance.

I he paid MSRP for the car, then probably only getting the extended warranty/maintenance would be a fair outcome, with maybe a small monetary sum for the hassle.

Honestly, if I paid MSRP for a car and found it was treated like this, then I would be happy with a free 7 yr/100k warranty. Paying 10k over MSRP and having this happen leaves a bitter taste though.

I think that it shows that the OP is reasonable because he only really wanted the mark-up return and a complementary warranty. Some people would not be some reasonable...

[BMW-driver]

What a complete overreaction on this vid. The car is not made out of chocolate. Guys are stupid to put this on youtube. lol. Wasting of time this topic ...

[M340i Pride]

OP, I am actually from Glendale and I go to Pacific bmw for my maintenance. I was SHOCKED to hear they did this scum-bag-lying-through-their-A$$ type of business practice to you. Sorry to hear you had to go through this.

See its not whether the car was damaged or not that's issue here, its whether he was told something that he SHOULD HAVE KNOWN before purchase. also, its the fact that they KNOWINGLY DID NOT TELL HIM what was supposed to be told to him that makes this a at fault of the dealership. I dont care if OP's car dynos 30 more hp than it should, he is entitled to compensation for buying a car for a lot more that is USED IN UNAUTHORIZED WAY.

everyone knows that once a car leaves the lot (especially a BMW) it's value will plummet from that very inch. he bought a car that is known and documented USED / DEVALUED car from the dealer which had him pay 10K dealer mark up. In my opinion, getting 10K is not enough. since he has the vid to back him up, it should be a used car value (like few K BELOW MSRP!)

I wish you the best OP. I will think twice about buying a car there. hope you get everything that you are entitled to by law (and lawyer!)

keep us posted.

[IceCold1906]

I would draft a letter to BMWNA you will be surprised what they can do. I've read many stories of success when people with legitimate cause get BMWNA involved.

[Imola.ZHP]

I have a friend currently negotiating at issue with an insurance claim. She paid a local firm $150 to write some sternly written letters to get somewhere with the idiots she's dealing with...

I don't see what it could hurt to find a local firm in your area and do the same thing, good luck with it!

Oh, and I'd also complain directly to BMWUSA, they might not get involved in what your requesting, but would most likely be calling the owner of the dealership to have a serious talk with them about what occurred...

Oh, and PPS, I don't think I'd ever pay $10k OVER sticker for a car. I realize they are rare, but seriously...

[Frosty]

Originally Posted by hwelvaar

As a European, this thread makes me laugh. Damn, lawyers in the US must be so f*cking rich.

Also, when some guys do ED and take their car the next day to the Nurburgring and to Spa-Francorchamps for extended lapping, you're all like 'woohoow!'
But when some garage guy drives the car around the block the way M cars are built to handle, oh boy, bring on the suits.

I'm not saying you're wrong and the dealership is right.
But I'f someone would offer me 2k$ for a 10 minute joy ride in my car (without braking anything), I'd happily take the money.
No need for an army of lawyers.

+1, the USA has a reputation regarding our more oft than not excessive letigious nature, ...sadly it's true ~Frost

[Artmasterx]

Originally Posted by Frosty

+1, the USA has a reputation regarding our more oft than not excessive letigious nature, ...sadly it's true ~Frost

I live in Belgium currently, but am an American. I do agree 100% with this, and most cases that make the news really are ridiculous because they are the only ones that make good news.

That being said, in moderation and in the right circumstances (wishful thinking, I know), litigation provides a needed check against negligence and fraud.

Take this example I saw recently in Belgium:
http://www.deredactie.be/cm/vrtnieuw...today/1.920770

Surgeon forgets scissors in patient

Wed 08/12/2010 - 12:44
A patient in the Sint-Augustinus Hospital in Wilrijk (Antwerp) had a nasty surprise after an operation to his intestines. When doctors finally listened to his complaints two pairs of scissors were found in his body.
For a whole year after the operation, the man suffered considerable pains, but his doctor initially refused to listen.

It was only after an X-ray was taken that it was discovered that the patient had been walking around with two large pairs of scissors sewn into his intestines during the operation.

After the operation hospital staff had noticed that scissors had gone missing, but no alarm was sounded and scissors from the storeroom were used to make up the shortfall.

Both the experienced surgeon and hospital have now admitted the mistake. The hospital is offering 5,000 euros in compensation, but the patient is seeking 80,000 euros in damages.

How fucked up is that? And how fucked up is 5,000 euros in compensation for having TWO pairs of scissors left in your body for a year and having your complaints ignored? I could hardly believe the person was only asking for 80,000.

In the US, I would be surprised if the hospital paid less than 7 figures to this person given the situation. I think certain places in Europe could use a stiffer check against negligence on the part of corporations and other entities.

Over someone driving your hard without your knowledge, litigation seems perhaps unnecessary... but who is going to keep these people in check? We have established over the many years that regulators can't because they don't have the manpower or can't levy significant fines.

Anyway...

[pinmagic]

A word of advice for anyone getting an extended warranty as restitution for a claim. Lotus did that once for me. (I didn't demand it - they offered it as an apology for a long-standing problem.) When I went to the dealer to pick up the warranty, they gave me some no-name-o policy. I wasn't sure what policy Lotus normally uses, so I just took it. There were lots of exclusions in the policy. I sold the car soon after, so it didn't matter, but still. (To this day, I still don't know if it was the standard one Lotus sells.)

The lesson is, if a dealership or manufacturer offers you a policy, find out what policy they normally use, and make sure you're getting the same thing.

[SamS]

Originally Posted by Technic

A free extended warranty would have been a reasonable request, and that's it. The joy riders were fired, the dealer contacted the owner. So the extended warranty would have been a great request which should have been accepted immediately by the dealer. But once the lawyers were involved everything went to crap.

The $10K over invoice does not have anything to do with the joy ride, it has everything to do with the agreed markup between the dealer and the buyer. For me these are two different and separate things.

Yup, this is the most reasonable post so far. Doubtful you can reasonable expect anything more than a free extended warranty.

Originally Posted by JulieDriving

If someone did that to their car and the dealer had evidence of it,

their warranty would have been VOIDED.

That's the issue here.

The owner is within all his rights to ask for compensation.

Good luck OP.

Where does it say in the user manual that your warranty will be voided if you chirp the tires on a new car???

Originally Posted by WWONG

Screw the 10k over MSRP which is already ridiculous-- I would ask for a complete refund and they can keep their 1M

Ya, this might be the extreme resolution. OP, I'd say get your $70K back for the 1M and get an M3 instead

[v1k0d3n]

man, this story is just a mess; people getting fired, dealerships getting sued. BMWNA should just send the OP to M driving school for free and give him the extended service for free to put this to rest. as far as the 10k, you paid it. so basically, you just need the extra insurance benefit of making sure that IF something happens, you're covered. to the posts about "why did you do this or that"...your posts don't apply and are really off topic/opinion. OP, get BMWNA involved, and lesson learned...DON'T TRUST THAT DEALER EVER AGAIN.

[blue2fire]

I see a 1 minute clip with treatment a performance car is designed to just brush off. You were fully aware of the 10k markup and paid it, I don't know why they have to return it back (I don't even know why you want it back so much as to go to a lawyer, considering the markup is ridiculous and you saw fit to pay it).

Do I think they should have a gesture like a $500 giftcard or a $1000 accessory allowance?

Certainly, this is treatment you don't expect to happen to your car. Any more than that for what in the end will probably have no effect whatsoever on the car is being extremely generous.

[Wolf]

the warranty on this car is voided right? If it's true, you should go for the 10k + new warranty and the extended warranty

[timwin]

From what I hear that is the min over sticker you would have to pay to get the 1 M coupe. I was going to put my name on the list but I wouldnt get the corporate employee discount on that car so I figured I'll just stick with the 135 (more in budget).

If I'm not mistaken Pacific is basically like a franchise for BMW NA. To where they have to just run and operate with the standards of BMW NA. However if they don't it is BMW NA position to step in for the customer.

Getting an attorney may get things done your way but after the dust settles how much would you have back.

I would see if they can give you another BMW 1 M coupe and just do a trade and allow you to be there for the PDI process which takes about an hr or so from what I hear. To me that is the fair. However pressing for Maintenace upgrade and ESC warranty would make the dealeship more than fair and show that customer services is what they are about.

[Sy546]

Originally Posted by timwin

Getting an attorney may get things done your way but after the dust settles how much would you have back.

from the sound of it, the OP has in house counsel / General counsel. So his lawyer, even he's decent, probably won't charge him much as long as it ends pre-trial, since it is not too much work. My attorney does small stuff like this for me for free/cheap if it's not too extensive work since i give him so much business as it is.

[Matski]

Just want to check I'm not missing anything here..

At the point the video was made, who was the legal owner of the car?

[Augenbrauezug]

Originally Posted by Matski

Just want to check I'm not missing anything here..

At the point the video was made, who was the legal owner of the car?

The car was already sold to him.

[timwin]

Originally Posted by S.hasan546

from the sound of it, the OP has in house counsel / General counsel. So his lawyer, even he's decent, probably won't charge him much as long as it ends pre-trial, since it is not too much work. My attorney does small stuff like this for me for free/cheap if it's not too extensive work since i give him so much business as it is.

sounds right. I believe that dealerships would usually squash it before letting it go to trial/in front of a jury.