RECALL?! Got an appraisal, and...

[WxBimmerMan]

2/25/16 -- So, I'm throwing around the idea of getting a slightly larger vehicle and went to my closest dealer for an appraisal on my 2013 128i Coupe. Found out it's on a, "Federal No Trade" list, as of February 5!!! They claim that they lawfully can not take my car for trade or buy it. The affliction? The old Takata Airbag recall... (Anyone in the market for a beautiful, spotless, low milage 2013 with 22,600mi for $18K? I guess I can sell it to you after the recall fix. haha)
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"Year: 2013 Make: BMW Model: 128I USA
Number of Open Recalls: 1

NHTSA Recall Number: opens new window takes away from VIN lookup section> 16V071 Recall Date: February 5, 2016
Manufacturer Recall Number: NA

SUMMARY: DRIVER-SIDE FRONT AIR BAG: During air bag deployment in an accident, the driver-side front air bag module may produce excessive internal pressure that could cause the inflator to rupture.

SAFETY RISK: Inflator rupture could result in metal fragments striking the driver or other passengers, potentially resulting in serious injury or death.

REMEDY: Your BMW center will replace the driver-side front air bag module. However, due to the large volume of new inflators needed to repair vehicles, the necessary parts will not be immediately available. As a result, owners of affected vehicles will be informed of the recall in an initial notification letter. Once replacement parts become available BMW will send another notification letter to owners, beginning with older model year vehicles located in BMW's previously defined HAH (High Absolute Humidity) region and expanding accordingly as more parts become available.

RECALL STATUS: Recall INCOMPLETE. Remedy not yet available

MANUFACTURER NOTES:
For additional information or assistance, please contact Customer Relations and Services at CustomerRelations@bmwusa.com, or at 1-800-525-7417."

[Gangplank]

Originally Posted by WxBimmerMan

2/25/16 -- So, I'm throwing around the idea of getting a slightly larger vehicle and went to my closest dealer for an appraisal on my 2013 128i Coupe. Found out it's on a, "Federal No Trade" list!! They claim that they lawfully can not take my car for trade or buy it. Apparently this just came out. Have you heard this? They claim that owners haven't recieved fliers from BMW as of yet, but a "fix" would come in about 70 days. The affliction? The old Takata Airbag recall. (Anyone in the market for a beautiful, spotless, low milage 2013 with 22,600mi for $18K? I guess I can sell it to you after the recall fix. haha)

Hadn't heard they can't take them on trade. There is a thread around here about the recall. Sounds like it might be a while before we get a fix.

[tock172]

Have you had Carmax appraise the vehicle? I'd be curious to hear what they would pay and if they would take it or not.

[WxBimmerMan]

Originally Posted by tock172

Have you had Carmax appraise the vehicle? I'd be curious to hear what they would pay and if they would take it or not.

I haven't tried Car Max, but the dealer I spoke to said it was "illegal" to take my car, due to a Federal Law. OMG...

[ts0ulc]

Yeah. I'd like to hear what Carmax says too. Relax it should be sorted out soon

[ejm3]

This seems unlikely since this airbag recall effects literally millions and millions of cars on the road today.

So you mean all those cars can't be sold or traded in?

[Black Prinz]

Does it matter? You were only looking for an appraisal. Did they have any in the used lot? I'm sure then it would have been a different story.

I'm wondering if it is a regional thing as Takata states that it is more problematic in high humidity locates where the excess moisture creates a bigger bang.

[Mr Rooty Von Tooty]

Look the dealer has a legitimate right to refuse to take a car in on trade if it has some safety defect. Also any dealer or used car lot will try to knock down the price, because the car just isn't marketable with a bad airbag.

My '13 135i M-Sport has the same issue. Eventually, the dealer will fix it. In the meantime, if I hit a tree and the airbag kills me, my estate will sue the shit out of BMW.

[Black Prinz]

Appraisal = Trade In?

Even with the stop sale order (if there is one) is just a temporary condition and should not preclude the dealer from offering a guesstimate with the condition that the recall be performed.

I'll save you some unnecessary legal run around and advise you to get in line and sue Takata directly assuming they don't go bankrupt.

[Mr Rooty Von Tooty]

The dealer valuation of the car is meaningless without a real deal taking place. He can throw out any number he wants.

If he did take the car with a bad airbag, he'd also be taking on an additional administrative hassle or dealing with BMW, notifying them of the change of ownership, and finally having to run the car over to a BMW shop to change the airbag. All of this involves time on the part of the dealer and money out of his pocket. Don't tell me it's trivial, because it isn't.

[mr.fabulous]

I can't find mention of any Federal no-trade mandate anywhere, but I did find this regarding Honda dealerships: http://autoweek.com/article/recalls/...-takata-crisis

If you think about it, this might make sense; why would anybody sell a vehicle knowing it has an unresolved and potentially life-threatening safety defect? I wouldn't want that responsibility if I was selling cars (used or new).

[Mr Rooty Von Tooty]

The dealer has to fix the bad airbag before they can sell the car. Imagine the legal trouble if they did sell it with a bad airbag!

[PhillyfaanM3]

I just verified with my dealer that both my BMW's are on the recall list and no remediation at this time. All I can do is wait.

2013 X5 35i
2011 135i

[brocklanders]

Originally Posted by Frank 135i Vert

I just verified with my dealer that both my BMW's are on the recall list and no remediation at this time. All I can do is wait.

2013 X5 35i
2011 135i

I have a 13 135 and a 13 x5, I'm in the process of selling the x5 as I'm typing. I don't know if I completely believe this "federal trade law" if this were the case wouldn't the dealer have to remove all vehicles affected off their lots until repaired, I highly doubt they will do that. There are a lot of 2013 coming off lease right now, I think they just don't want to take on another one. Go to carmax I'd be willing to bet they would make you an offer.

I just looked up the x5 on the nhtsa website, it is under recall.

[MotoWPK]

Originally Posted by WxBimmerMan

2/25/16 -- So, I'm throwing around the idea of getting a slightly larger vehicle and went to my closest dealer for an appraisal on my 2013 128i Coupe. Found out it's on a, "Federal No Trade" list, as of February 5!!! They claim that they lawfully can not take my car for trade or buy it. The affliction? The old Takata Airbag recall...

The dealer is incorrect. Here's a ConsumersReports article that discusses the topic; http://www.consumerreports.org/cro/c...sed-car-buyers

A stop-sale-order does apply to new cars in a dealer's inventory covered by a safety recall that has not yet been performed. This does not apply to used cars, though there have been proposals to extend this provision to used cars.

That said, I can see why a dealer would be reluctant to purchase a vehicle with an outstanding recall that cannot be readily performed. While they may be able to legally sell it, they may also be concerned about potential liability if they do and the purchaser is subject to damages as a result of the recall issue. In the case where the dealer does not know when the recall can be performed due to a lack of parts availability, is with the Takata airbag recall, they would need to keep the vehicle in inventory for an uncertain period of time. As a result, they may not want to take a vehicle in trade or be willing only to offer a reduced trade-in value.

[Ric in RVA]

The Virginia General Assembly is amending the code to address the issue now. Probably will pass.


Basically...if the dealer has that brand do the recall work. If it doesn't or can't then notify of recall work in writing.

"C. A dealer that sells a used motor vehicle at retail that (i) is subject to a recall pursuant to 49 U.S.C. § 30111 et seq. and (ii) remains unremedied at the time of sale shall provide to the buyer a written disclosure of the recall. If, at the time of sale, there is a remedy available for such used motor vehicle, the dealer shall disclose to the buyer that (a) there is a remedy for the recall and the buyer must return to have the dealer provide the remedy, if the dealer holds a franchise to sell as new and to service the line-make of such used motor vehicle, or (b) there is a remedy for the recall and the buyer must contact a dealer of the line-make to provide the remedy, if the dealer does not hold a franchise to sell as new and to service the line-make of such used motor vehicle. If, at the time of sale, there is no remedy available for such used motor vehicle, the dealer shall disclose to the buyer that (1) there is no remedy for the recall and the buyer must return to have the dealer provide the remedy when the buyer learns or has notice that the remedy is available, if the dealer holds a franchise to sell as new and to service the line-make of such used motor vehicle, or (2) there is no remedy for the recall and the buyer must contact a dealer of the line-make to provide the remedy when the buyer learns or has notice that the remedy is available, if the dealer does not hold a franchise to sell as new and to service the line-make of such used motor vehicle."

[WxBimmerMan]

Originally Posted by MotoWPK

The dealer is incorrect. Here's a ConsumersReports article that discusses the topic; http://www.consumerreports.org/cro/c...sed-car-buyers

A stop-sale-order does apply to new cars in a dealer's inventory covered by a safety recall that has not yet been performed. This does not apply to used cars, though there have been proposals to extend this provision to used cars.

That said, I can see why a dealer would be reluctant to purchase a vehicle with an outstanding recall that cannot be readily performed. While they may be able to legally sell it, they may also be concerned about potential liability if they do and the purchaser is subject to damages as a result of the recall issue. In the case where the dealer does not know when the recall can be performed due to a lack of parts availability, is with the Takata airbag recall, they would need to keep the vehicle in inventory for an uncertain period of time. As a result, they may not want to take a vehicle in trade or be willing only to offer a reduced trade-in value.

Sounds like the [non-BMW] dealer, where I sought to trade, gave me lip service, to basically say that they don't want to deal with the hassle and expense of getting the item fixed -- or risking reputation when disclosing that they're selling a car with a, "potential" problem. Oh well... 70 days or so and BMW will have a fix. In the mean time, I'm enjoying my ride and appreciate it that much more! (It's now super-exclusive!!!)

[brocklanders]

Originally Posted by Frank 135i Vert

I just verified with my dealer that both my BMW's are on the recall list and no remediation at this time. All I can do is wait.

2013 X5 35i
2011 135i

I'm in the same boat, 13 x5 and 13 135.

[MightyMouseTech]

Originally Posted by WxBimmerMan

I haven't tried Car Max, but the dealer I spoke to said it was "illegal" to take my car, due to a Federal Law. OMG...

No, they can take it in on trade, but if they do, they are stuck with it until the recall is done. This has nothing to do with the law, you can buy and sell cars with outstanding recalls, but BMW won't let them sell it with an outstanding recall.

The dealer just does not want a trade in that they can not sell.

[brocklanders]

I was just told today that I can not sell, personally buy or even trade in my x5, that I must turn it in at the end of my owners choice contract, which means they are unable to honor their end of the contract. I had the car sold and was about to have a check cut and BMW financial stopped the sale, so now I'm stuck paying for my over milage when I had a way out. Needless to say I'm very pissed, I have purchased three new cars through BMW financial in the last four years, although I know it's not their fault it's going to be hard for me to fork over any money when I had an opportunity to avoid it.

[angler]

Originally Posted by brocklanders

I was just told today that I can not sell, personally buy or even trade in my x5, that I must turn it in at the end of my owners choice contract, which means they are unable to honor their end of the contract. I had the car sold and was about to have a check cut and BMW financial stopped the sale, so now I'm stuck paying for my over milage when I had a way out. Needless to say I'm very pissed, I have purchased three new cars through BMW financial in the last four years, although I know it's not their fault it's going to be hard for me to fork over any money when I had an opportunity to avoid it.

Try to extend your lease until the recall gets fixed.

[brocklanders]

Originally Posted by angler

Try to extend your lease until the recall gets fixed.

It's an owners choice contract, it's a finance with a balloon payment. I can't even buy miles at a discounted rate before end of contract. The thing I don't understand is they are telling me that they can't sell the vehicle, but they're not, I am. They sold the vehicle thirty nine months ago, there is no reason I can't write a check and buy it now or sell it if I so choose under my liability.