Bought a new car and found out it was damaged prior to receiving

maketheworldbetter

I purchased a new car from Williams BMW of Manchester in July 24. When I went to uplift the car, they said it developed a fault code with parking sensors. I asked to see the car and they said it was in the workshop and I could not see it due to health and Safety. 3 weeks later they delivered my car. I was very suspicious and within in 3 weeks I emailed and asked if the car had been damaged and they said NO. Recently I took the car to a detailer and he took one look and said the car had been sprayed, not well, and he could see all the cutting in marks. He also measured the depth of the paint and from the wing to rear door the thickness was showing twice as high as the other areas. He said the car had been damaged and that there was filler and a bad respray done. I contacted BMW UK customer services and they asked me to take it to my local dealer, in Edinburgh, and they also confirmed the same. I have sent the report to BMW and Williams BMW Manchester. Williams Manchester have said, yes the car has been sprayed and checking if they have done it or not, however they are basically saying this happens all the time and not prepared to do anything. This is not a cheap car, RRP 82k. I would not have bought this NEW car had I known the car had been damaged. Cn you help, what are my rights etc? regards 

Mark_d

You were told that the car was not damaged but in actual fact it was.  At the very least this is misrepresentation.  I would not accept such an expensive car  with a questionable history

MyRealNameToo

So this is a brand new car? Or Ex-demo or secondhand?

RRP is fairly useless thing to quote, what you actually paid is more relevant. 

There are no official statistics but many sources state a significant proportion of brand new vehicles do sustain some damage before delivery to the customer but thats one of the reasons why there is normally a few days gap between the dealer receiving it and you being able to collect it so they can deal with anything they find when it arrives to them. 

Alderbank

I don't think 'brand new' has much legal meaning with vehicles.
Generally in consumer law, 'new' means the first retail sale to a consumer. Most durable goods will have changed location and ownership within the trade before being sold 'new'. In the motor trade 'new' seems to mean sale to the first registered keeper.

All vehicles will have been transported some distance from the factory and many will have stood in an open field in all weathers. As @MyRealNameToo indicates, part of the retailing dealership's pre-delivery inspection is spotting and remedying what are euphemistically described as 'manufacturer defects'.

In the OP's position, I would be checking that the BMW 3 year warranty and in particular BMW's 12 year anti-corrosion warranty are fully valid. The 12 year AC warranty should be valid as long as any repair work has been carried out by Authorised BMW Retailer or Authorised Repairer, which Williams BMW certainly are.

MyRealNameToo

Alderbank said:

I don't think 'brand new' has much legal meaning with vehicles.
Generally in consumer law, 'new' means the first retail sale to a consumer. 

By that definition ex-display items would be considered "new" whereas they are normally sold at discount for not being "brand new". 

For vehicles its probably easier and would be defined as being the first registered keeper.

sheramber

Mark_d said:

You were told that the car was not damaged but in actual fact it was.  At the very least this is misrepresentation.  I would not accept such an expensive car  with a questionable history

How do you prove who repaired the car- the garage before delivery or the OP  in the last  13 months?

Pity he did not  investigate further when he first suspected it. 

Aylesbury_Duck

You've had it over a year?  Or did you mean you collected it in July/August this year?

lincroft1710

What result are you looking for?