Reply With QuoteGet out of it while you can. All BMWs are known to lunch water pumps at 130,000 kays; not a big deal? Aftermarket, knock-offs are $2,000, sans labour, dealer fix; sell a kidney.
Fossicker
Hey guys,
Got a story for you to hear about and see if anyone has any advice or help for me.
I purchased a used BMW for BMW Sydney.
750li F02 with 69,000kms to be exact.
When I took the car for a test drive there was an issue/noise/knocking coming from the front. I raised the concern with the sale guys who told me that he would get it looked at and was happy to get it fixed as a condition of sale of the car.
We agreed on a price for the car based on the repair been complete.
I was told the car was ready and that the issue was resolved(castor bushes replaced). So my bank made the funds transfer and I went to the dealer to collect the car. After collecting that car quickly realised that the issue wasn't fixed.
I contacted the dealer and they asked me to take the car back to them.
It's been back and forth to the dealer weekly since purchase over a month ago with them have the car for over a week at a time. They have tried a few things and still haven't been able to solve it. They now beleive it is the active sway bar.
Since pricing the part internally, they rang me this arvo, They have now decided that they do not want spend any more time and money on the car and have told me I have to take car back as it is. And warranty won't cover "wear and tear".
This is the short story with multiple trips, arguments and emails in between. Not to mention annoyed that the car was sold to me with 8 year old pirrellis which I replace within 3 days of owning when I realised at my expense.
This is not fair. I was told it was fixed. Condition of sale was that it was fixed. I would not have bought the car if they couldn't or didn't fix it.
I am absolute furious!
I have contact fair trade. They currently still have my car cause I have to get up to Sydney from Goulburn to collect it.
What can I do ? Do I have legal rights?
Super Moderator
Get out of it while you can. All BMWs are known to lunch water pumps at 130,000 kays; not a big deal? Aftermarket, knock-offs are $2,000, sans labour, dealer fix; sell a kidney.
If you don't like trucks, stop buying stuff.
ForumSage
If you have an ongoing case with Fair Trading, Discussing it in public may not be advisable.
Fossicker
Can't get out. It's paid for. That's the issue, if they told me before hand that couldn't fix it or didn't want to that would of been fine cause I wouldn't have bought it. But they told was fixed when I paid.Originally Posted by V8Ian
OldBushie
Is it in writing that it was condition of sale?
Fossicker
I have emails and text messages between the sale guy and sales managers. Not to mention they all sick of seeing me in there and they have had the car longer then I have since I purchased and the car is still there and I have there loner car for a month.
Master
Google will asssist you .
" Consumer protection " accc , etc
This is Federal Law , nothing the dealer tells you overwrites the law , no warranty ' express ', manufacturers or otherwise can negate these rights .
The customer is always right .
Be polite but firm - works better .
as they have had an opportunity to rectify and have , go for ' not fit for purpose ' Use terms such "reasonable expectations " , document everything .
Ask for a refund in full , offer to pay a ' rental fee ' for the short time you have had use of vehicle .
This is is not legal advice , I am not a lawyer .
I do have a fairly good understanding of the legislation......
Good Luck .
If it's in writing they have to fix it. If they refuse then demand a full refund. Consumer law overrides everything else.
LordRover
SupporterYes but try to enforce it - at the whim of the seller at the end of the day.
Fossicker
There is no way they will give a refund. Unless it's an issue that jeopardise's the safety of the car. Even they they would just repair it.
They just keep repeating "wear and tear item" and "not deemed a safety concern".
Hopefully fair trading will convince them to fix it based on the fact that its what I was told was done. End of day that's the cheaper option then a refund for them.
But even then I don't think fair trade can force them to do anything either, they will just guide you the next step of legal battles. Don't know what power fair trade has.
Thought this kind of thing only happened at you local doggy used car dealer.
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