Rejecting a car purchased from dealer.

Dafne

Hello all. Hopefully you can help, or offer suitable advice (or condolences!)

In August this year, I purchased a BMW M3 from a dealership in Northampton. They weren't a BMW or performance car specialist, merely a dealership that had one in stock.

BMW M3's have a few well documented faults, one of which is a problem with cracks forming around the rear subframe/floor. These can range from minor, not dangerous which require welding and reinforcement, to large cracks, needing a new floor/subframe mount. I asked the dealership about these cracks, to which they informed me that they had found minor cracks, but nothing major. They also stated that they had it booked in for BMW to have the repairs done. I was happy with what they told me. I put a deposit on the car, for it to be collected once the work had been done, with a receipt marked accordingly. It also had a years MOT from the beginning of August 2013, carried out by an in house MOT centre.

A few weeks later, I got a call to say that BMW wouldn't authorise the repairs due to the age of the car. I was not told what BMW had found, only that they wouldn't repair it. This was no great surprise and I had already made enquiries with a specialist as to getting it repaired, based on what I had been told by the dealership. I was given a cost of £1200, given the information I had that they were minor cracks and would only need welding and reinforcement.

The dealer initially stated that they would be unable to pay for the repairs or drop the price, and said that they would refund my deposit. However, they phoned back an hour later and said that after speaking to the manager, they would drop the price accordingly (£1k), to contribute to the repairs being done at the specialist.

Due to the specialist being busy, it was booked in as soon as they could fit it in, which was Oct 28th, for the work to be completed.

The garage called me today, and gave me some bad news. The cracks to the floor are far more substantial than I was led to believe, to the point of it needing a new floor as per the BMW process, rather than reinforcement. This runs a bill of approximately £4k, which is half the value of the car. The garage have been very thorough and have provided both picture and video evidence. The garage have also suggested that the faults would have been present a year ago and would have been obvious on an MOT, to the point of it being a failure and unroadworthy. There were also other faults, which should not have passed an MOT, such as a snapped and badly corroded rear spring.

As much as I love the car, I can't afford the cost, but couldn't live with not having it done properly and safely. I know that the garage can do the work, and in all honesty, i'd be happy with the car if it could be repaired.

I haven't had chance to contact the dealer yet, this will be my first thing to do tomorrow morning and i've typed up a letter accordingly. Any thoughts are appreciated.

My concern is that I was aware of what I had been led to believe was a minor fault, one which I had been willing to accept, on the basis of it being fairly easy to rectify.

My options are therefore to look at returning the car to the dealer for a refund, plus some costs, or to look at getting them to pay for the correct repairs. It wasn't a trade sale, and was offered with a warranty (although this won't cover the repairs)

What are my chances of either? Do I have a leg to stand on? There are one or two other issues with the car that I could have overlooked on their own, such as finding out it was a parallel/grey import after I purchased it and two of the service stamps being of questionable origin, but i'm at a loss as to what to do. Thoughts are appreciated

forgotmyname

They could easily say the cracks were minor in August and had you repaired the car right away it would have been a cheaper simple fix.

But continued use without repair has caused more damage.

You bought the car knowing it had faults and received a discount because of that fault.

You should have got an independant inspection if you were unsure of the extent of teh damage.

Dafne

The specialist has stated that this isn't the case. He has stated that the faults would have been present 12 months ago and that there is no way that the faults have been caused in the two months i've had it.

scheming_gypsy

The words dealership and specialist just added loads to to the cost.

first step would be to take it to an independent garage / welder and ask for a quote.

Dafne

Its not something that can be simply welded and most garages wouldn't do the work. BMW normally replace the boot floor panel and subframe mount, whilst there are only two or three places in the UK to do the work.

I am happy that the specialist isn't trying to rip me off, as said, I have seen the pictures and videos of said faults and he is very well regarded amongst the BMW community.

colino

I'm really not sure what you want. A proper full-seam weld repair is stronger, and better than a boot replacement panel. Do you want a refund or a fix?

Dafne

At this point, i'd take either.

Just welding the cracks isn't an option i'm afraid due to how extensive they are. The panel is the only option.

forgotmyname

One of those times when a full main dealer service history may be useful. How old is the car?

The problem still comes around to the fact you got a £1000 discount knowing the car needed welding.

I know guys that weld for a living and it surprises me what they can do.

A mate who passed away last year could cut the hinge off a bonnet or door, Weld it back on and not have to adjust the lock afterwards.

I would spend 10x longer lining it up and still have to adjust it after. I think the expansion rates of the different metals are etched into their brains.

Beyond me. I hate welding. I could weld a coin to a girder and not be as strong as chewing gum.

marlot

I think you are in a weak position, in that you accepted the car with a known fault, and negotiated a discount. After all, if the welding had cost just £500 would you be looking to pay £500 back to the dealer?

However, consumer law may come to your rescue. But I doubt you'll get to resolution here - all you'll get are opinions from (well meaning) laymen. Including me.

Given that raising a small claims claim can cover up to £10k (?) of loss, I'd be tempted to send a letter before action, and then follow through with a claim. You have very little to lose. You can even raise the claim online, and there is no need for a solicitor.

https://www.gov.uk/make-court-claim-for-money/overview

Hintza

I suspect the dealer will fight this one.

Moto2

I know it doesn't help the situation but for the life of me I can't understand why you went ahead with the sale in the first place.
You could never win out of the situation only break even or lose.

I hope you can get your money back and move on a wiser person.