Pacific BMW PDI Joy Ridden 1M Coupe Was Mine!

[F80NJM3]

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.

I think you missed the part where he Paid $10,000 over sticker..

[SouthpawE46]

Holy crap dude. I'm so sorry.

As an employee of a dealership, I apologize on their behalf.

Please don't let their idiocy interfere with your future experiences with other dealerships.

[infinitekidM2C]

Originally Posted by VintageBMW

I am a trial lawyer. First, decide what you want AND make sure it is reasonable based on the facts (e.g. the $10k back and the BMW extended warranty). Second, call the general manager of the dealership and make the request in calm and straight forward terms. Third, immediately follow-up that call with an email to the General Manager that summarizes your request, his/her response, and the situation in brief terms. In the email, set a deadline of about 5 days out (based on the assumption he/she said "NO") for which you will take additional action if not resolved to your satisfaction. Then outline the additional action that will be taken but do not sound overtly threatening at anytime.

The key here is to show anyone that would sit in a jury or evaluate your situation that you have been fair, direct, and not a jerk. That will "win" almost every time in the court of public opinion, which will most likely force the dealerships hand. As someone else pointed out in this thread - they called you because they were panicked you had already hired a lawyer and they were trying to head it off at the pass but whoever called you did not do a good job.

Remember, if the dealership ultimately gives you the finger, you can seek much more than you initially asked for in the way of damages based on fraud related claims. This is not a lottery ticket but you should be compensated - if the 1M is to be driven in that manner it should be only by the owner that paid $10k over sticker (my opening to a jury in a nutshell).

a "jury" lol as if...i've not heard many people refer to themselves as a "trial lawyer." Fraud???? seriously?

[persian54]

I remember seeing this a couple weeks ago, after I saw the video...

This is at Pacific BMW btw



and IIRC, didn't BMW NA fine Pacific BMW $46k?

[Crisp]

Originally Posted by blackonred3series

I think you missed the part where he Paid $10,000 over sticker..

And?

He WANTED to pay $10k over sticker, he wasn't forced into it.
Do we see how each and every one of our cars are driven before they are in our hands?
Do we see how they are driven, or left idling, while they are in for service?

This one was caught on video so we can fight back against it, but you have to be careful what you ask for. Why would the dealer give back $10k when that was the agreed price for the car?

The owner is worried about reliability, correct? So you give the owner extended warranty to show that if something does go wrong, BMW stands behind their product.

Yes, it's not fair that the owner didn't get to launch the car before the dealer did, but as Mr. Europe said, most ED owners take their cars to the track as soon as they pick them up. Reliability is not the issue, we are just being immature and saying "it's my toy, i should have gotten to play with it first".
For that, you get an extended warranty, or $2k back, not an arm and a leg which you gave up for no reason to get this toy in the first place.

Just my opinion.
It's not worth your time and there should be more important things in life than this. Think of it this way, if there was no video, you wouldn't have known sh*t and you would have been in the same shoes as 99.9% of the rest of the world and BMW owners. You're not the first, nor are you the last to get something like this. Same sh*t will happen with your (and our) next car probably but it won't be on video.

[nachob]

Originally Posted by sergeremi

+10

I wouldn't settle for anything less if you want to keep the car. REPEAT, they should have, at the very least, offered you the BMW extended warranty and extended maintenance for free, not reduced, GRATIS because it was demonstrably and knowingly used against the manufacturer’s policies BY A REPRESENTATIVE OF BMW. And this was not disclosed at the time of purchase. The seller knew of the disregard of delivery protocol and possible breach of warranty coverage (i guarantee you if a dealer had evidence that you did not follow proper break-in procedures specified by the manufacturer they'd use that to void your warranty had issues cropped up).

Work with the dealership first and state your case in a calm, matter-of-fact manner, without threats. Log your efforts with them. If they refuse to cooperate after reasoned conversation, then notify them you'll be seeking legal remedies and will follow up with your local media and consumer advocate.

But first make sure you know what you think should be fair compensation for the egregious breach of conduct and be clear and firm with the dealer that is what you expect.

This seems like the best course. Once you bring in lawyers, things can take years. On the other hand, you have the momentum, the story is in the news you have to act quickly before people forget. They mislead you by not telling you what they knew already that the car had been improperly PDI. To me you should just get them to buy it back and try to find another one. Or if you want to keep it for sure, the real issue is if it has problems down the road. They should give you a CPO 6/100 Year warranty for free at the very least and some money back. They sold you a new, properly PDId car for 10K over sticker, that is NOT what you got.

Keep us informed if you don't mind.

Thank you.

[Robert]

I'd mod the shit out of the car and if any issue pops up blame the dealer. Have them sign a contract to fix any problem that crops up, to bmw standards, no questions asked. Reverse warranty violation!

[nachob]

Originally Posted by Crisp

And?

He WANTED to pay $10k over sticker, he wasn't forced into it.
Do we see how each and every one of our cars are driven before they are in our hands?
Do we see how they are driven, or left idling, while they are in for service?

This one was caught on video so we can fight back against it, but you have to be careful what you ask for. Why would the dealer give back $10k when that was the agreed price for the car?

The owner is worried about reliability, correct? So you give the owner extended warranty to show that if something does go wrong, BMW stands behind their product.

Yes, it's not fair that the owner didn't get to launch the car before the dealer did, but as Mr. Europe said, most ED owners take their cars to the track as soon as they pick them up. Reliability is not the issue, we are just being immature and saying "it's my toy, i should have gotten to play with it first".
For that, you get an extended warranty, or $2k back, not an arm and a leg which you gave up for no reason to get this toy in the first place.

Just my opinion.
It's not worth your time and there should be more important things in life than this. Think of it this way, if there was no video, you wouldn't have known sh*t and you would have been in the same shoes as 99.9% of the rest of the world and BMW owners. You're not the first, nor are you the last to get something like this. Same sh*t will happen with your (and our) next car probably but it won't be on video.

All of this doesn't matter. The point is that the dealer knew this car had been improperly PDId and possibility of engine damage yet they sold it with no mention whatsoever as a new properly PDId car. That is the point the guy made. You say no one forced him to pay 10K over, but would he have paid 10K over if they told him the car had been abused during PDI? I don't think so. What people do with their own cars is their choice, good or bad but what happened here the dealer should have disclosed that something very improper happened to the car.

The issue is NOT whether the car is damaged, the issue is that they knowingly misrepresented a new cherry car for one that this probably not cherry.

On your point of people taking the car to the track, Nurburgring is about 300 miles. So even if someone decides to drive straight from Welt to Nurburgring, the car would at least be warmed up and have 300 miles of break in. This car was brand new non PDI and probably had less than 1 mile when abused.

Finally, there is a reason BMW says to take it easy on these cars for the first 1200 miles. They don't say that just for the heck of it. There IS a reason for it.....the parts have to seat correctly or they damage.

Period.

[Hellraizer]

Originally Posted by SouthpawE46

Holy crap dude. I'm so sorry.

As an employee of a dealership, I apologize on their behalf.

Please don't let their idiocy interfere with your future experiences with other dealerships.

Dude you are brave sticking your head out on this tread.... WOW world class!!!

With that said I doubt that any harm was done after all it is a BMW 1 ///M it is built to take whatever you can think off... BUT the dealership should show some form of formal apology in whatever form YOU wish it to be in

[tkbr0wn]

Made the front page..... About time.

[bdaddylo]

Expose the scumbags that run Pacific. Didn't they list their two 1Ms as used in order to bypass their corporate policy for not charging over MSRP on new cars?

[nachob]

Originally Posted by FairfaxM3

Contact all the media outlets that have run the story about the PDI test drive (TV news coverage, Jalopnik.com, etc that are all mentioned in this thread) and share your story. They will love to do a follow-up to the test drive, and how the dealership continues their questionable business pactices. The dealership will not like the negative coverage, and they may try to make things "right" as a result.

I agree, don't be a jerk, give them a chance to make it right like the lawyer said, give them 3-5 days. If not, then contact the media that ran the story before it cools down. You have good reason to be concerned and upset, deal with it maturely and correctly but don't listen to those that say it was no big deal. I doubt any of them would have paid 10K over MSRP on a fully loaded 1M after seeing the video. I would put good money on that bet.

All you guys that say it's no big deal, put your money where you mouth is and buy this guy's car for 10K over since you don't think it matters!

[1SerieStud]

Originally Posted by bdaddylo

Expose the scumbags that run Pacific. Didn't they list their two 1Ms as used in order to bypass their corporate policy for not charging over MSRP on new cars?

lol no that was a dealer in AZ.

EDIT: What these idiots did was price one car at $40k over MSRP, and the other car (the one in question on this thread) at $20k over MSRP, but due to the disclosure of the joy ride, they "only" charged $10k over MSRP without disclosing anything to the buyer specifically.

[yuyue]

apart from 2k for a hard drive in the break in period.
the dealership is cheating on customers, because the information was not disclosed, if they don't show courtesy to your offer, consider punitive compensation

[2045]

feel bad for u dude. first paid 10k over then see this $hit online...

this dealership is the worst of the worst. anyone read this should never purchase a car from them. it's just sad for them even to be around.

[kazin]

Originally Posted by Crisp

And?

He WANTED to pay $10k over sticker, he wasn't forced into it.
Do we see how each and every one of our cars are driven before they are in our hands?
Do we see how they are driven, or left idling, while they are in for service?

This one was caught on video so we can fight back against it, but you have to be careful what you ask for. Why would the dealer give back $10k when that was the agreed price for the car?

The owner is worried about reliability, correct? So you give the owner extended warranty to show that if something does go wrong, BMW stands behind their product.

Yes, it's not fair that the owner didn't get to launch the car before the dealer did, but as Mr. Europe said, most ED owners take their cars to the track as soon as they pick them up. Reliability is not the issue, we are just being immature and saying "it's my toy, i should have gotten to play with it first".
For that, you get an extended warranty, or $2k back, not an arm and a leg which you gave up for no reason to get this toy in the first place.

Just my opinion.
It's not worth your time and there should be more important things in life than this. Think of it this way, if there was no video, you wouldn't have known sh*t and you would have been in the same shoes as 99.9% of the rest of the world and BMW owners. You're not the first, nor are you the last to get something like this. Same sh*t will happen with your (and our) next car probably but it won't be on video.

He paid 10k over sticker for a NEW car.

Obviously for something like this to get so much publicity, it is not standard practice by any means.

Nobody goes into a dealership expecting the techs to act as they did in the case of Pacific BMW. That's just ridiculous to expect of anyone.

Yes, people take their cars to the tracks with 5 miles on them. Who cares? That is their decision, and they get to make it because they own the car. Not the technicians.

The issue here ISN'T reliability. The issue is a misrepresentation of a product. As a dealership your only job is to get the car from manufacturer to client. Yes, things can happen that are outside of their powers, but this is entirely different. An employee is a representation of a company. By hiring somebody you're saying that you are responsible for what they do at work.

When a dealership can't guarantee that their techs won't **** with the car, who would do business with them? 10k is a drop in the bucket in comparison to the bad press they could be getting if this becomes more public.

[RedDevilsLettuce]

what happens when a Chinese customer gets angry with his Lambo dealership.

[/URL]
don't do it!! ...

You don't hear the sound of slowly being destroyed Lambo very often. You just did there...

[Arnold_Powers]

my friend drove it

[535DMSport]

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.

Wow, you must be way different than everybody else in here, and I am from the Netherlands myself, not too far from Belgium. This is inexcusable. You are out of your mind sir.

[535DMSport]

Originally Posted by gripen

agreed,

that was a few hard accelerations here and there,
hardly anything that would even remotely hurt the car
everyone is making this a lot more big of a deal than it really is

How about the tires you hear a few srkeets here and there and he well paid for NEW tires. And now I am only talking about the tires. Have your flame suit on also.

[BimmerJim]

Originally Posted by icasio

Thanks for the feedback everyone.

Just to clarify, after the initial call from the manager informing me of the news coverage I immediately stepped out of the dialogue and let my business manager do the talking with them. We asked for the $10k back. The first call resulted in them offering only $2k back. I declined that offer and went back with $10k or the next person you hear from is my lawyer. And that was Friday. So now my lawyer is stepping in and drafting a formal letter (he feels completely confident we can win the $10k plus legal fees--it's just the hassle of having to go through the process).

I had already purchased the extended warranty and maintenance warranty. Both of those came out to around $7,000. But yeah, it seems like a no brainer for them to have offered to refund that at the very least. Didn't happen.

I'll keep the updates coming as they transpire. And I'll also work on contacting BMWNA about all this.

Thanks again!

Looking forward to the updates and give them nothing but pure hell till you get what you are entitled to.

[Moo]

Has the OP been verified as the actual owner, somehow? New account with a couple of posts