[myfirstm]

delete

[Rudeja]

When you said new , do you mean 0 miles new? If so you have a legal case, get a lawyer. I smell BS on their part. Please keep up updated on this story

Originally Posted by e92montego

a few weeks ago i posted that my front fender misaligns with my hood. a piece of the fender inside the engine compartment does not fasten down to the chassis because it is made of cheap plastic and somehow managed to crack. I bought the car brand new in June 2009 and take meticulous care of it. It has never been in an accident or even a minor fender bender. So I am due for an oil change and brought this to their attention when I dropped the car off. The service advisor immediately accuses me of being in an accident because their is "clearly overspray" on the inside of the engine compartment on both fenders. I tell him that this is impossible because I have never been in an accident. He then goes on to say that the car must be a CPO and have been in a previous accident. I then go on to tell them impossible because I purchased it new from them! So they take the car, do the oil change, and call me today saying that it can't be fixed by them. If I'm not happy with how it looks we have to think about taking it to a body shop. As far as im concerned this is bs and it sounds kind of fishy to me. Why is their overspray on inside the engine compartment and if its even a common thing why would they accuse me of being in an accident. How do I know that they didn't crack it up during transportation. I am going on Monday to talk with the dealer to try to figure out a solution. Anybody have any ideas or advice I would greatly appreciate it.

[techlogik]

Originally Posted by Rudeja

When you said new , do you mean 0 miles new? If so you have a legal case, get a lawyer. I smell BS on their part. Please keep up updated on this story

That....and...cars get wrecked and painted/fixed on the lot brand new all the time.

Cars get stolen, banged into etc...and the dealer fixes it before it is sold, then sold as New...of course, no requirement to tell the owner of the car what happened because nobody asks assuming it is brand new!

Maybe this is one of those cars, and it was their body shop who fixed it?? Just saying.

[myfirstm]

car had about 4 miles on it according to the sale sheet...

[LeifW]

Sometimes cars get damaged in shipping and get fixed at port of entry. If the damage is extensive, I believe there's supposed to be some sort of documentation to that effect. Google around and you'll find information on the topic.

Leif W.

[rickwjenn]

Originally Posted by e92montego

car had about 4 miles on it according to the sale sheet...

How about according to the odometer when you took delivery? 4 miles as well?

It it was damaged in shipping, they HAVE TO disclose it you. Is there really over spray????

[xantdieselx]

Originally Posted by techlogik

That....and...cars get wrecked and painted/fixed on the lot brand new all the time.

Cars get stolen, banged into etc...and the dealer fixes it before it is sold, then sold as New...of course, no requirement to tell the owner of the car what happened because nobody asks assuming it is brand new!

Maybe this is one of those cars, and it was their body shop who fixed it?? Just saying.

That is exactly right. I worked at a dealer for 5 1/2 and ran one of their body shops. We would fix cars that were brand new off the truck.

If the dealer did any work to your car there will be a record of it. If they used an outside vendor to do the work they would have to generate a purchase order. As to speak to the service manager first. Tell him that you want to see the entire history of your vehicle from PDI to current.

Good luck.

[myfirstm]

there is CLEARLY overspray. the car is montego blue and my fenders both fade in to a dark blue/black on the inside. i know when you pick up a car they walk around with you to make sure there are no blemishes before you walk off the lot but i didn't know i was supposed to lift the hood....

[rickwjenn]

Originally Posted by e92montego

there is CLEARLY overspray. the car is montego blue and my fenders both fade in to a dark blue/black on the inside. i know when you pick up a car they walk around with you to make sure there are no blemishes before you walk off the lot but i didn't know i was supposed to lift the hood....

Ask for the official full history on shipping and any repairs. If you bought it with 4 miles that accident should be easy to trace: it was 1) on the ship, 2) at the VPC, 3) on the truck, or 4) at the dealership.

If it was there when you bought and it was not disclosed you have an excellent case to pursue.

[Traveling1]

Is there anyone else in your household that may have driven your car, while you were out of town?

[Neutrino45]

Can you please post pictures of the over spray?

[myfirstm]

nobody else in the house drives a 6spd. i would take pics but the car is currently at the dealership until i go tomorrow to speak with them. i noticed the overspray before but thought nothing of it until i asked them to fix the fender and they accused me of the car being in an accident. They're the ones who made me begin to think twice about it...

[IancoleTX]

Full disclosure by the dealer immediately. They are going to be kissing your ass once that info sees the light of day.

[myfirstm]

and if the vehicle report comes back clean?

[IancoleTX]

Originally Posted by e92montego

and if the vehicle report comes back clean?

Well that would be a head-scratcher, wouldn't it?

[Fugly M3]

oh wow... bmw's been in trouble for not disclosing repainted new cars before. BMW v. Gore- us supreme court weighed in on punitives. bottom line is that if it was fixed and they didn't tell you and sold it new they are going to be cowering when your lawyer calls.

[Yankees 2010]

When cars are dropped off at the dealer.. They sometimes get into accidents on the dealer property. The dealer will then fix the car and does not have to disclose anything because the vehicle technically has no owner.

[Fugly M3]

Originally Posted by Yankees 2010

When cars are dropped off at the dealer.. They sometimes get into accidents on the dealer property. The dealer will then fix the car and does not have to disclose anything because the vehicle technically has no owner.

i doubt that. repainting or fixing a car and then selling it as a "new" car is at least enough of a misrepresentation to constitute fraud

[myfirstm]

i am going to ask for full vehicle history tomm and will let you guys know what happens...thanks for all the responses

[wren57]

I don't know about NJ, but in AL and TN a dealer is required to notify a buyer of any "substantial" damage to the vehicle before being sold as "new". I believe it is 3% of the value of the car.

Steps I would take:

1. Research the law in your state

2. Present the GM at the dealership, in person and by appointment, with your story/case

3. If he still denies, contact BMWNA. They do not want another BMW v Gore ruling.

4. If they still won't budge on paying you damages, contact legal representation.

I would ask for $20k in damages for repairs and punitive. They committed fraud and should pay.