04-28-2024, 04:06 AM | #1 |
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BMW missold me? What are my rights?
Hey everyone,
I bought a car from BMW just under a year ago and it was sold as an AUC with a warranty despite it being a 2015 model with 100k. All has been fine since ownership even though it’s been back to my local dealer (i didn’t buy the car here) for several warranty repairs. FF to last friday. I had taken the car in as there was an EML and they also asked what else is wrong with the car so they can check it all out. They call me middle of the day and explain that the turbo needs replacing, but there’s an aftermarket oil filter on the car. This should be fine as that’s not the issue but they were quering why an AUC that should have full BMW service history has an aftermarket filter. Turns out the idrive history and the BMW server don’t correlate. The last service before I bought the car has a service centre code of 00000… which I think means it’s not a legit BMW centre and hence they can’t do the work under AUC because the warranty would be void. They are contacting the dealer I bought the car from but they hadn’t got an answer back so have picked my car up and now sitting in limbo. The back story of the car was that it was returned to the dealer because the owner fell into arrears on payments. My suspicion is that they got someone to chuck a record into the idrive so it looked like it had been serviced. Now, what do I do if that service does indeed turn out to be fake or they have no proof it ever happened. Feel like I’ve potentially bought a lemon from them. Local dealer have said that either way it won’t come out of my pocket as the dealer I bought it from would be liable for the repair but that aside, should I be trying to return the car and get my money back? I paid in cash for the car if that has any affect. Any help is greatly appreciated. |
04-28-2024, 04:20 AM | #2 |
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What have they supplied that confirms the TC is needing replaced ?
Can the iDrive be updated without connecting to the BMW server ? At 100k could the TC replacement be classed as wear + tear , especially with a non OEM oil filter fitted ? I think you would struggle to get a refund after 12m of ownership. K |
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04-28-2024, 04:32 AM | #3 |
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No information supplied on the TC. We never really got into that part due to the warranty issue.
As far I can tell it can be updated but requires some additional kit and some indy’s can record data on the BMW server. Think the 00000 though means it probably isn’t main dealer nor a registered BMW independent. Doesn’t necessarily mean it didn’t happen but without proof then it’s a coin toss. I get the wear and tear element but I was always told that AUC would cover issues like this and they’ve covered other items that could have been argued to be wear and tear so a precedent has been set. Will double check the AUC docs though. As far as the dealer is aware though, that it definitely is a warranty covered repair… if the car has a legit AUC warranty. |
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04-28-2024, 04:47 AM | #4 |
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Were you getting any symptoms of a failing TC , burning oil / loss of performance etc ?
If not then maybe a second opinion that the vehicle actually needs a TC replacement , after all it wouldn`t be the first time a MD has said that work needs done when it didn`t. K |
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04-28-2024, 04:55 AM | #5 |
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Slightly higher turbo whistle than normal but otherwise all seemed fine.
Outside of the turbo, I’m more concerned about the warranty and service situation. Because even without an impending turbo replacement, I feel like I was sold a lemon that potentially has significant missing service history. |
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04-28-2024, 04:55 AM | #6 |
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The cars idrive can easily be updated, it takes seconds as I've been doing my own as the last service and brake fluid wasn't a main dealer. Also to add I can even make it look like a main dealer service.
I'm sure I read somewhere the service history terms had changed for AUC recently so that it didn't have to be main dealer history but 12 months ago the supplying dealer should of known that the car didn't have full BMW History. This is what I always tell friends and family that don't assume an AUC is the best of the best as they sell some right sheds. I've known my local dealer to sell a car that was twice stolen recovered with major repairs as an AUC before. |
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04-28-2024, 05:04 AM | #7 | |
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I’m going to contact the dealership and BMW on monday to get to the bottom of it as I’m definitely concerned that they’ve got no evidence of the service. My local dealer have basically said that they (dealer i bought it from) are unlikely to provide the proof of the service given that it was a recovered vehicle from an owner in arrears. Which means they’ll probably offer to pay the repair themselves but if I’m not happy with the potential of being missold since that service may or may not have happened then I’ve got a right to potentially return the car and get my money back which they absolutely won’t want but will need to speak to them about what’s possible. |
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04-28-2024, 05:10 AM | #8 | |
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I had them done at my local dealer and the supplying dealer which was 450 miles away picked up the tab , so much for a FMDSH. K |
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04-28-2024, 06:18 AM | #10 |
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Unfortunately yet another example of why AUC is sometimes worth 10/10ths of FA.
Personally I’d be having a very strong conversation with the supplying dealer + BNW UK with the intention of rejecting the car due to mis-selling or, more likely in reality, negotiating a significant goodwill package.
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04-28-2024, 06:31 AM | #11 |
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04-28-2024, 06:46 AM | #12 |
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But it still wouldn't update BMW's server(s) though, right? So while it might be enough to fool a private buyer with no kit, and might even fool ISTA or similar with only offline access, surely this wouldn't fool a BMW dealer who can reconcile what they see on the iDrive with what's actually stored with BMW? And I'm assuming a condition of an Approved Used car is that it's got dealer service history?
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04-28-2024, 07:11 AM | #14 | |
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04-28-2024, 07:33 AM | #15 |
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AFAIK, if the car has has a service after the "Indy", if its just been added by Joe Bloggs, the service data will disappear. If its been uploaded to BMW's server, it will remain. In theory, those with access to BMW's server should be of a reputation similar to a Dealer.....
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04-28-2024, 07:51 AM | #16 |
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And just to clarify, the local dealer has said that the idrive service is not located in the BMW server so the dealership who sold me the car either took the idrive as gospel without checking the BMW server or they deliberately pretended to be unaware, or it is a legit service but it was logged incorrectly and they have the paperwork for it (highly highly unlikely).
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04-28-2024, 07:53 AM | #17 | |
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Can't remember the details and don't know if it's true TBH. |
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04-28-2024, 10:50 AM | #18 | |
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What is AUC? Auction? So many acronyms in this thread
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It was similar in my VAG days where indies had to pay to connect to VAG's Elsa and ETKA servers. |
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04-28-2024, 02:42 PM | #20 |
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04-29-2024, 04:44 AM | #21 |
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Found this document online from 2013.
https://www.bmwbrochures.co.uk/AUC_S...dedb34c881.pdf Criteria may have changed over the last 10 years, though. Interestingly, back then, they didn't need to be main dealer service history but only needs to have used BMW recommended parts and oils. I suspect most dealers don't go this route for the reason you're experiencing. On that basis the car must have fully documented and verifiable service history to be a AUC. Unless they come back with documentation for the service then you've been mis-sold the car. Ultimately, there are a few options. Reject the car and agree a refund that the car would sell for now as a AUC so you only end up paying the deprecation during the ownership. Reject the car and ask for an equivalent replacement. Keep the car and agree a partial refund to replicate the reduced value associated with the missing service. Personally, I'd go with option one or two. |
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04-29-2024, 08:26 AM | #22 | |
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I’m also leaning to option 1 or 2. Option 3 just seems like unnecessary haggling when i’d still be left uneasy. |
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