Pacific BMW PDI Joy Ridden 1M Coupe Was Mine!

[AbuArije5]

They could have done worse he shut off the camera damn this is sad bit funny but sad again

[Impervious]

Holy shit I'd be raising hell. In my eyes asking for the 10k markup and the extra warranty is totally reasonable. Who knows what other abuse it could have suffered off the video. Stick with it and keep us updated.

[Vintage]

Originally Posted by infinitekid2002

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

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.

[Vintage]

Originally Posted by AbuArije5

They could have done worse he shut off the camera damn this is sad bit funny but sad again

amen and great point - what happened off camera? we will never know

[Brad135]

So we saw 2 minutes of a 10 minute? 20 minute? Joyride with 2 idiots.
Does anyone here think once the camera was shut off that the boys drove responsibly?
The devil is in the details and insanity is in the possibilities. They could have run over an old lady, or driven over a curb, or......
Unfortunately this is an irresponsible situation and the car was misrepresented to the buyer.

[positiveions]

Originally Posted by JulieDriving

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

their warranty would have been VOIDED.

.

so true Julie.

[ladius]

I think posting here is good, reminds me of the guy who won an m3 on eBay and the dealership backed out of the deal. The fury unleashed on the forums eventually caused such an uproar that the dealership had to honor the auction.

[AlexK]

Originally Posted by VintageBMW

amen and great point - what happened off camera? we will never know

Exactly! Nobody knows how long that "test drive" lasted and what happened afterwards... Better check the interior surfaces with a UV lamp, plus if you have a friendly police officer with a drug-sniffing dog it might also be useful to use that dog's unique features before you'll manage to drive through a random checkpoint

[Crisp]

Originally Posted by ladius

I think posting here is good, reminds me of the guy who won an m3 on eBay and the dealership backed out of the deal. The fury unleashed on the forums eventually caused such an uproar that the dealership had to honor the auction.

It's definitely a good idea to make dealers more cautious with these cars.
Hopefully it will have an impact on them.

The people that usually do this are the low paid employes (kids) that don't really care if they get fired or not, which sucks for us.

It's impossible to prevent though, unless you never bring it to the dealer again.
I posted a story a while back when I brought my car in for service as soon as I got it (small issues) and I got it back with over 60 miles added to it.
This was while the car had under 500 miles. I have no idea how it was driven, where, by who, etc.
(It was during summer and this was my convertible 335i, so someone had fun with it)

[persian54]

Originally Posted by Crisp

I'm not quoting you directly, just those that share your opinion for "new car, it shouldn't have been driven hard".

I think all of your visions of what a "new car" means is not what the reality is.
A new car means it wasn't owned by anyone else, not "never been driven/ zero miles". That's very rare and I don't even know if it exists.

Do you guys know that these cars are put on a dyno and fully tested before they are released to us? These miles and the miles driven during transport are usually not recorded, but they are there and the cars ARE taken to redline. It's a huge liability to produce a car and not fully test it before giving it to the owner.

Now please don't confuse this with me supporting those idiots and their joy ride (notice I didn't say PDI) in a customers car. I'm just saying there is nothing to worry about as far as reliability goes.

So, to sum it up: the owner deserves an extended warranty and maintenance. The $10k over MSRP has nothing to do with the car being driven hard since it really doesn't have an impact on the car, it's just unprofessional and no one wants to see that type of crap with their new and rare car.

This makes perfect sense

[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).

[freshwhite335]

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!

Damn, so after taxes, fees, the warranty, and the mark-up you spent an ungodly amount of money on this car.

[Brian W]

Originally Posted by freshwhite335

Damn, so after taxes, fees, the warranty, and the mark-up you spent an ungodly amount of money on this car.

$10k markup + $7k warranty + cali taxes =

[torquedemon]

Originally Posted by Ant Man

I have to agree with this post. And also find this thread hilarious. Try and resolve a problem first with the dealer and then if not resolved to one's satisfaction go to BMW US (or whatever they are called). Why the North Americans love to sue people over the smallest thing is beyond me. That's why we have those stupid words on hot drinks saying that the drink is hot blah, blah, blah.

Question the OP needs to ask, is has the car been damaged in any way? If not, move on. No big deal.

"Why the North Americans love to sue people over the smallest thing is beyond me." - Yes Some Americans have sued on stupid lines of reasoning before and those examples are like a stereotype now in the name of America. However, the reality is that despite these few cases of exaggeration and needless involvement of the Law, Our democratic system is setup in a manner that allows all citizens to demand their fair share of a deal, relationship, business or anything of this nature. Our system functions on the usability and accountability of our court systems....and $10K isnt a joke....maybe in Europe but not in America. And although it might not have been damaging to the car or too bad for it, but the untruthful marketing on behalf of the dealer cannot be condoned and if they are able to get away with this they won't understand that its wrong and this leads to worse behavior

[SoCali E36]

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.

well said.

[jaaz]

To those who think a lawyer is not necessary, let me ask you this: Do you really believe the big BMW dealership and the consumer have the same leverage in a dispute? Do you have any idea how much money dealerships spend on an "army of lawyers" to draft agreements, policies and procedures to protect and defend themselves from consumer complaints and claims? The consumer often needs to get a lawyer because put simply, the dealership (or any big corporation) often won't even start to pay attention until a lawyer representing the consumer gets involved.

Don't blame the small guy for getting a lawyer, he's just evening-up the playing field...

[M5007]

Bring on the rain, I would have a suit review your options. I am no lawyer but I live in SoCal and one thing I do know about CA lawyers is they find a way to collect for damages. A letter to the dealership and a letter to BMW NA will cost you $750 or less for a good lawyer.

Then hit up the news outlets and light these guys up. I wood record the phone calls as well. These guys will lie to save their a$$ any day of the week. (for those who will claim it's illegal, in CA as long as ONE of the parties are aware of the recording it need not be disclosed to the other party and 100% legal)

Last but not least. Others have mentioned that you have an amazing ride, a very limited 1M and it's yours! Enjoy the car, get your $10,000 back and a letter of apology and drive the 1M laughing all the way to the bank.

Good luck.

[James T. Kirk]

Originally Posted by jaaz

To those who think a lawyer is not necessary, let me ask you this: Do you really believe the big BMW dealership and the consumer have the same leverage in a dispute? Do you have any idea how much money dealerships spend on an "army of lawyers" to draft agreements, policies and procedures to protect and defend themselves from consumer complaints and claims? The consumer often needs to get a lawyer because put simply, the dealership (or any big corporation) often won't even start to pay attention until a lawyer representing the consumer gets involved.

Don't blame the small guy for getting a lawyer, he's just evening-up the playing field...

You are biased, though well-meaning. Necessity is at the discretion of the client.

[david.orr]

When the dust settles and the rest of us go about our ways, wooing and hooing about the next bimmer, it's just you and your car. What's important then is it's mechanical soundness and your enjoyment of it.

Sure, get your money back, feel vindicated, less victimized etc etc. Just don't go driving your car now and later as if you have a lesser car. It ain't broken or damaged unless and until it is. Gotta enjoy every moment of it, right away!!

Congrats, nice 1m!!

[BuddhaPilot]

Originally Posted by fusion01

Reference my comment above. I discovered this through a simple fuel average check. Hammered. F**king dealers.

Caught one of those the first time I took it in when the DCT began having problems. The mileage was in the single digits when I got the car back. I was not happy about it and let the SA know it.

Sorry for the thread jack...carry on

[xquisit]

Dang, it's never a good feeling knowing someone took your car for a joyride before you have (especially, when you're buying brand new). I'm sure we both know this, and I hope you get your mark-up back and more!

[3s-a-charm]

Lawyer told him to clam up - no more posts. What you say can and will be used AGAINST you...