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      09-05-2011, 02:44 PM   #23
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      09-05-2011, 02:52 PM   #24
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That is inexcusable. Definitely contact BMW of NA. Make sure you make a copy of the YouTube clip in case they take it down.
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      09-05-2011, 02:54 PM   #25
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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.
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      09-05-2011, 02:55 PM   #26
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Quote:
Originally Posted by rapter View Post
I would recommend that you send the video clip to the highest and biggest chair at BMW that you can!

I would start by calling Germany and BMW North America and file a complaint. Then continue to demand to someone with a German Accent and make sure they know what happened.

good luck. Try this first prior to spending money on a lawyer.
Lawyer is necessary in my opinion. In this PARTICULAR CASE, his aim should not at the 10K mark-up ONLY. The ENTIRE purchasing procedure is WRONG. I am looking forward to a BIGGER case than simply only the refund of the mark-up and extended warranty.

Though we do not expect much from most of the car sales industry, the Pacific BMW is well beyond tolerance in this case and MANY others view. If we carefully examined the story, not only the 1M was abused, and there are other cars (e.g., M3 as pointed out) treated the same way. So bad BMW has them as an authorized dealer!!!

My 2 cents here.
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      09-05-2011, 02:56 PM   #27
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take as much action as you can!!! not you or anyone else deserves this type of treatment especially when buying a "limited" run model. personally i think/would go for way more than $10k. you should get the markup plus all the warranty and fees you had to pay for and MORE. it doesnt matter that the car is most likely not damaged in the long run. the point is that the car is super "limited" and was sold at the time of the video. if no test drives were allowed when considering the car then no one should even move it once it came off the truck until someone purchased it. get bmw na involved because im sure the bmw name overall got hit with this one pretty hard so theyll be more than happy to comply.
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      09-05-2011, 02:56 PM   #28
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Quote:
Originally Posted by hwelvaar View Post
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.
Mr. European, the difference is that those who do ED and take their cars to the tracks, are the actual owners of the cars.
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      09-05-2011, 02:59 PM   #29
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dont buy from this dealer. i bet that they do this for every car.
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      09-05-2011, 03:00 PM   #30
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Quote:
Originally Posted by hwelvaar View Post
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.


For your such comments, i even doubt you would be willing to pay over MSRP. Your fundamental claim shakes. Flames on.
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      09-05-2011, 03:04 PM   #31
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Quote:
Originally Posted by hwelvaar View Post
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.
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
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      09-05-2011, 03:06 PM   #32
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you should be able to get 5-10k back good luck keep us posted
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      09-05-2011, 03:06 PM   #33
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Jokes from two non-US bimmers here. Seems they would happily accept my 2 cents after i pissed on their cars. How wonderful and nice person!
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      09-05-2011, 03:11 PM   #34
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Quote:
Originally Posted by hwelvaar View Post
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 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.
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      09-05-2011, 03:13 PM   #35
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Quote:
Originally Posted by icasio View Post
So, I was the sucker who ended up purchasing this 1M from Pacific Glendale on Aug 26th, 10 days after this clip went online...I bought it for $10k over sticker. The dealership never mentioned a word about the joyride scenario during their sales pitch for obvious reasons.

I'm new to the BMW world but was won over by the 1M and so the question and help I ask of all of you is what should I do? The story goes like this;

-Bought the car on the 26th. Dealership knew they were selling me a car that had been driven improperly by their techs but of course never mentioned this to me.

-They denied me the chance to test drive it citing that it was a highly sought after car and they weren't allowing anyone to take it out in an effort to keep low miles on the vehicle (understandable, but I guess this message was never relayed to their techs).

-When the story breaks and goes public (NBC and KTLA both did TV news coverage of it here) the manager calls me all worried and asks if I had seen my car in the news. This was 5 days after the purchase. I say, "no." He goes on to say that the techs video taped the PDI and posted it on youtube and they were fired for it. He then goes on to curse the news outlets for not having the integrity to go after "real news." I tell him that I'll look online for more of the story.

-Then I see the clip and realize that it wasn't just some standard PDI that was taped but that it was a joyride that was taped. In my car. My stomach dropped.

-I'm feeling it's fair to ask for the $10k over sticker that I paid to be refunded. The dealership basically laughed and said we'll give you $2k back. At this point I'm bringing in a lawyer.

Thoughts/advice? I mean $10k is much less than the damage that a story like this causes a brand like BMW. It's got to be embarrassing for BMW NA to have to babysit dealerships like Pacific BMW.

Thanks in advance.


Original joy ride video:

Time to take this greedy dealership to the cleaners.
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      09-05-2011, 03:22 PM   #36
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Quote:
Originally Posted by icasio View Post
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!
Get the lawyer to play tough, which he'll probably do anyway but don't contact BMW NA just yet. That is another leverage position you need to hold on to. The order is dealer first, then if no love, dealer copied to BMW NA, and if still no love, dealer and BMW NA with the media-blitz threat to both. It shouldn't get that far, hopefully. My aim would ultimately be to get the 10G back.

The car is unlikely to have been damaged as that could very well have been standard PDI fare. I don't know. I suspect the techs were fired for videotaping and publishing and probably not for an over-zealous PDI effort. The real potential negative for you though, is the existence of the video vis-a-vis resale from a pure PR perspective. I suspect that is the potential loss you're probably looking for them to compensate you for. I wouldn't because I'm a good egg (j/k) but the average joe buying your car down the road will probably try to use the vid to haggle on price. That plus the $10,000 over invoice price must taste like poison.

Anyway, good luck with this. Keep us posted in any event.
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      09-05-2011, 03:22 PM   #37
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Is this the same dealership that had a 1M for $40k over msrp??

Last edited by iveman89; 09-05-2011 at 03:27 PM..
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      09-05-2011, 03:25 PM   #38
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Oh damn, they are going to get it hard. I hope you get your 10k back from them, good luck dude.
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      09-05-2011, 03:29 PM   #39
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Threaten that you will contact the news outlets again.
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      09-05-2011, 03:34 PM   #40
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Quote:
Originally Posted by iveman89 View Post
Is this the same dealership that had a 1M for $40k over msrp??
Yes it is.
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      09-05-2011, 03:37 PM   #41
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HAHA; stupid pacific bmw. I tried to buy from them when i lived in Glendale but they were horrible.

Lawyer up...u'll probably get your $10k back..or close to it if your lawyer'ed up.
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      09-05-2011, 03:42 PM   #42
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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).
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      09-05-2011, 03:42 PM   #43
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Quote:
Originally Posted by RenaultOne View Post
Quote:
Originally Posted by pinmagic View Post
Not sure you really have any legal recourse. The video doesn't really show enough to say with certainty that there was damage to the car. And, as has been pointed out, people do worse things to cars on test drives that you never know about. But maybe you could argue diminished resale value. In any event, hiring a lawyer will probably cost you more than you could get back.

I think contacting the media outlets may be a more successful approach.

In any event, I wouldn't let it ruin your new-owner experience. You bought an absolutely amazing car that's pretty much sold out, and - in truth - there's probably no real long-term impact from the joyride. Enjoy it, and welcome!
1. I agree. was done and you'll probably spend more on the lawyer than what you may get from the dealership. It won't hurt to ask them to reimburse you for the warranty, though.

^that should be the least of his concerns. He paid.. Actually over paid for a car that should have not been touched, besides being on a towing truck to have it delivered.

I would definitely not settle for anything less then: 10gs back, and extended warranty.

Good luck
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      09-05-2011, 03:43 PM   #44
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Quote:
Originally Posted by icasio View Post
So, I was the sucker who ended up purchasing this 1M from Pacific Glendale on Aug 26th, 10 days after this clip went online...I bought it for $10k over sticker. The dealership never mentioned a word about the joyride scenario during their sales pitch for obvious reasons.

I'm new to the BMW world but was won over by the 1M and so the question and help I ask of all of you is what should I do? The story goes like this;

-Bought the car on the 26th. Dealership knew they were selling me a car that had been driven improperly by their techs but of course never mentioned this to me.

-They denied me the chance to test drive it citing that it was a highly sought after car and they weren't allowing anyone to take it out in an effort to keep low miles on the vehicle (understandable, but I guess this message was never relayed to their techs).

-When the story breaks and goes public (NBC and KTLA both did TV news coverage of it here) the manager calls me all worried and asks if I had seen my car in the news. This was 5 days after the purchase. I say, "no." He goes on to say that the techs video taped the PDI and posted it on youtube and they were fired for it. He then goes on to curse the news outlets for not having the integrity to go after "real news." I tell him that I'll look online for more of the story.

-Then I see the clip and realize that it wasn't just some standard PDI that was taped but that it was a joyride that was taped. In my car. My stomach dropped.

-I'm feeling it's fair to ask for the $10k over sticker that I paid to be refunded. The dealership basically laughed and said we'll give you $2k back. At this point I'm bringing in a lawyer.

Thoughts/advice? I mean $10k is much less than the damage that a story like this causes a brand like BMW. It's got to be embarrassing for BMW NA to have to babysit dealerships like Pacific BMW.

Thanks in advance.]
I agree... they should give you back the $10k over invoice...and if they had integrity, they would still give you the additional $2k. Good leadership would show this move to everyone at the dealership and have them understand how each and everyone's actions reflect the reputation of the dealership and acts likes this will lose the company money and your job!!

If I ran the dealership...$12k back to you would be the best $12k you could spend on good PR and customer service.
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