Auto Misrepresentation

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Auto Misrepresentation

Post by Doc » April 13th, 2005, 6:37 pm

http://forums.ebay.com/db1/thread.jspa? ... 3432633400

http://cgi.ebay.com/ebaymotors/ws/eBayI ... egory=6008

Auto Misrepresentation
rolfsent (8 ) View Listings | Report Apr-13-05 15:28 PDT
I purchased a BMW 540i in early March 2005 from a New York "dealer". The car was represented as being in "excellent condition and well maintained". It was a 1998 with 24,000 miles. I called in advance to ask if there was any paint work done since the 540i emblem was missing. As the dealer walked around the car he concluded that it had a small amount of paint on the left front fender. He said the vehicle was excellent as it had sat in storage pending resolution of a law suit.

When I arrive in New York to pick up the vehicle I immediately noticed a large paint chip missing from the drivers door, the rear shade was bound, the right rear door panel was loose and a speaker was blown. Willing to give him the benefit of the doubt and assume that someone had recently tried to fix the rear shade and did not completely reattach the panel, I agreed to let him take it to his local repair shop to address the problems. I sat in his lobby from 1:20 pm until 6:30 pm. Up to this point I had about 30 minutes to chat and look at the vehicle.

After taking possesion it decided to die on the Long Island Expressway on my way to a meeting in Manhattan. I'm a bit mad at this point, but he has it towed. I spent the night on my nickel and the next morning I was told it was only a thermostat issue and that it has been "repaired". As it turned out, I found out 5 hours later in the hills of East PA, it was a stuck float that again caused the vehicle to die. When I got home I decided to have it inspected by my local mechanic.

Here's the list: Blown valve cover gasket ($350), dry rotted tires ($350 used on eBay), master switch on drivers door doesn't work (don't know yet), broken rear door panel ($500 for the part, $100 to install), A/C doesn't work (I'm afraid to ask), paint and bondo is on 90% of car, paint chip in the drivers door ($700 to paint and blend), differential housing is loose and missing bolts($95), hood is not original factory and paint on the inside is flaking ($200 inside paint only), thigh support on drivers seat does not work (don't know), side panel of console is cracked (don't know), chipped bondo repair on the passenger side corner of the hood ($700 for the whole hood, inside and out).

I gave he and his partner this information as soon as I got it. Rather than apolgizing to me for the problems I was lambasted for complaining and told it was sold "as is".

Dealers use the black book and NADA definitions of vehicle condition to value cars they buy, but do not always seem to use them to accurately describe their own. Had I known this car was in FAIR or AVERAGE condition rather than EXCELLENT, it would have had a material impact on my purchase decision. Not all of these problems were evident immediately. Did this dealer misrepresent the car? Can I sue and win if he does not take it back?

Your input is appreciated

2 replies Date posted Reply #
dm0347 (9 ) View Listings | Report Apr-13-05 15:38 PDT 1 of 2
When I got home I decided to have it inspected by my local mechanic.

You should have had it inspected before you even placed a bid.

Did this dealer misrepresent the car

Is anything in writing? Did you get copy of a buyers guide before you bought it?

You were there and had the opportunity to either walk away or complete the deal, you chose to complete the deal.

Unless you have something in writing as to what the person is willing to take responsibilty for you are pretty much the proud new owner of a P.O.S.


midorimeadowsllc (318 ) View Listings | Report Apr-13-05 15:50 PDT 2 of 2
Always go and inspect or hire your own inspector. Now it's a he said this, he said that thing. Kinda hard to prove either way. Sorry but you seem to be the new owner of a POS.
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