Pacific BMW PDI Joy Ridden 1M Coupe Was Mine!

[noro]

Originally Posted by timwin

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

They don't have to squash anything. The OP has no case. What most people don't understand is that the court will only award monetary losses resulting from the incident. Aside from 20 cent depreciation on the car's value I don't see what else can be argued. If the OP belies the car suffered monetary damage then the court will likely need solid evidence showing this damage. Are you ready to dissect this new engine in search of problems?

[mfinch99]

Originally Posted by jaaz

The real crime here is lack of disclosure. The dealership knew or should have known that the car was improperly driven by its own employees and should have disclosed that fact before taking a 10k premium above MSRP. The dealer should have never sold this vehicle for a 10k premium as if the car had just come off the truck. It should have examined the vehicle, disclosed to the buyer what had occurred and then negotiated the price, with perhaps an extended warranty thrown in.

If the dealer was unaware of the actions of it's employees, it needs better controls over it's employees and it's fleet of cars. Employees are the responsibility of the employer-in this case the dealer-and as between an innocent consumer and the dealer, the dealer should bear the loss in this instance (which is really the mark-up above MSRP, which the dealer does not normally see anyways; the dealer is not loosing money here in any case).

+1 for hitting the nail on the head.

[noro]

Did somebody use the word "crime" ???

It's time for the dramatic cat video...

[Add1ct]

im excited to see this play out, somehow i knew the owner/prospective owner would make it onto the forums

[Prophizee]

First of all those people are doush bags for doing that. You wanna drive a 1m go buy don't ruin the car. The rightful owner being should be the first one too do that to there car if they want. Second go after them make sure you don't stop till you get exactly what you want cause they got exactly what they wanted from you

[Sy546]

Originally Posted by noro

They don't have to squash anything. The OP has no case. What most people don't understand is that the court will only award monetary losses resulting from the incident. Aside from 20 cent depreciation on the car's value I don't see what else can be argued. If the OP belies the car suffered monetary damage then the court will likely need solid evidence showing this damage. Are you ready to dissect this new engine in search of problems?

that doesn't matter. What you can prove in court means nothing. The negative publicity and legal fees alone will hurt that dealership more than just giving him his markup + warranty back.

Also it could be argued that the BMW recommended break-in wasn't followed, with high publicity from the youtube video perceived depreciation of a limited edition car could be considered to be substantial.

Also the OP does sound wealthy enough where he doesn't care if he makes his money back. One of my friend's dad sued a ford dealership out of spite. He got back only his legal fees + a very small amount. But the legal fees + negative publicity he caused the dealership was substantial.

[infinitekidM2C]

Originally Posted by VintageBMW

some lawyers sit in their office and hold their dingus while they talk on their phone and bang out emails - I work in a courtroom weekly. Yes, their is this large thing called the Trial Lawyers Association in your state and every other state in the Union.

You should never strive to be in any courtroom but the person that bought this 1M should conduct themselves in a reasonable and respectful manner NOW so that on the tiny chance that might occur that the facts will be favorable when viewed objectively. FRAUD - maybe, Misrepresentation - probably.

lol--most!...ok you've turned me around to your side counselor

[adc]

Just get BMW to do a buy-back and get you one of the last production slots - at MSRP.

Note to self - never ever pay more than MSRP on a car...

[jamesjjj]

Pacific BMW definitely knew they did something wrong. Otherwise they wouldn't have fire that employee when the video goes public.

In fact, if anybody else who think joyriding someone else's car is "alright" without approval, please let me have your car so I can take it to track. I promise it wont be 'harmful' and only use it as it was design intended.

[dtwyim]

The dealer is certainly in the wrong here. The question is 'how much' wrong. The fact that the OP paid 10k above MSRP is irrelevant. It is up to the lawyers to work out the amount. Of course, if the dealer is smart enough, they should settle it ASAP to avoid any more bad publicity, so that they can sweep it under the rug so to speak.

[WangTa]

I'm actually in the market for a BMW X5 and will NOT be going to Pacific, regardless of their pricing. Likewise, I will be telling all my friends and colleagues to avoid that place as well. The damage has been done by their dumb-ass handling of this situation.

[Rustler]

Originally Posted by noro

They don't have to squash anything. The OP has no case. What most people don't understand is that the court will only award monetary losses resulting from the incident. Aside from 20 cent depreciation on the car's value I don't see what else can be argued. If the OP belies the car suffered monetary damage then the court will likely need solid evidence showing this damage. Are you ready to dissect this new engine in search of problems?

I think the answer is in your post, which is that diminished value is one form of damage that OP may be able to support, particularly given the publicization (if that's a word) of this event. Would take some work by an expert in automotive sales/resale, but I bet that could be supported. Additionally, emotional damages may be supported. There may also be a consumer protection statute in OPs home state which allows for treble damages, and perhaps alternative theories of damages. Still doesn't mean that it's a cost effective suit, but there are quantifiable damages here (beyond speculation as to what mechanical damage there may be). It's been mentioned previously, but it really helps that the break-in policy of BMW and PDI procedures weren't followed by BMW.

The suggestions that you trade the car for a new spot in line on a new build sound reasonable to me. The dealer can move the car on to mitigate the damage (just like a buy back when you're creeping up on a lemon law claim), and OP gets new wheels for the original agreed upon price.

[bdaddylo]

Originally Posted by adc

get you one of the last production slots.

Easier said than done. It's not a M3.

[inluvwithastripper]

Also, let's not forget the recently litigated BMW v. Gore. Some pretty significant damages for a repaint job that was covered up, even after the $4 million punative damages award was overturned by the Supreme Court. Seems that you have an analogous (although not particularly close) set of facts.

[bubz0429]

and you have made it to international news as well....

http://www.wheels24.co.za/News/Gener...ponds-20110906

[mbkellam]

My name is Mark Kellam. I'm the Glendale News-Press reporter who broke the story about the BMW's joyride. I would like to speak with the person who purchased the vehicle from the dealership. I can be reached at mark.kellam@latimes.com. My phone number is 818-637-3238. I look forward to hearing from you.

[WangTa]

Originally Posted by mbkellam

My name is Mark. I'm the Glendale News-Press reporter who broke the story about the BMW's joyride. I would like to speak with the person who purchased the vehicle from the dealership. I can be reached at yoda@hotmail.com. My phone number is XXX-XXX-XXXX. I look forward to hearing from you.

Oh, and Mark - note in the original post the managers reference to you reporting on "real news" :P And you may not want to post your contact info - send the original poster a private message instead.

[HondaGoneRogue]

Good to see this finally on the Homepage.

[McClane]

Originally Posted by WangTa

Oh, and Mark - note in the original post the managers reference to you reporting on "real news" :P And you may not want to post your contact info - send the original poster a private message instead.

New member, can't send PM's....

Anyway, sorry to hear about his OP. Will be very interested to see how this plays out. I would guess you could get extended warranty/maintenance refunded without attorneys but with attorney and the press involved this is going to get VERY interesting.

[timwin]

Bottomline is I hope the customer gets taken care of.

[ORIGIN M.]

That dealership has lost more than an employee - I'd never do business there!

Originally Posted by WangTa

Oh, and Mark - note in the original post the managers reference to you reporting on "real news" :P And you may not want to post your contact info - send the original poster a private message instead.

I don't think he can with only 1 post.

[lithium1330]

Fact is... labor is cheap & plenty, building brand loyalty isn't.
While it's a one-off incident and the employee is no longer with the company, the dealer needs to put some skin in the game. Put enough warnings about this dealer to other potential buyers out there, the dealer will feel the pain sooner or later.
Use the internet to get your message out - rename the videoand associate it with the dealer's name, post it many times to youtube and other (e.g., "buying experience at ...", "new BMW at .... ", "dealer review... ") . Anyone who googles or Bings this dealer will see it. G'luck.