[JABCAT]

Originally Posted by Carefree

Irrelevant comparison.
When the car is in for warranty work, it’s already been delivered to the owner in acceptable condition.
Nice try.

This is what you said above, "It’s not unreasonable to ask for $100?, $200?, towards in house swag or BMW parts basically for the inconvenience."

The comparison is not irrelevant. Taking the vehicle in for warranty work is an inconvenience. So based on your comment above everyone should ask for $100, $200 worth of extras every time they have to bring it in.

[JABCAT]

Originally Posted by Powerwhee

I wouldn’t buy this car without a serious discount as another posted stated. You have the leverage here. They delivered the car with damage and you have no reason to pick it up other than that you like it. They know no other buyer will get it because all things being equal why would they pick a damaged car over a non-damaged one. The repairs will be on the car’s record and affect its future value. I’d ask for at least $10,000 off.

The dealer is fixing the vehicle. If the OP refuses it, they still sell it to the next buyer at full price. The repairs will also not be on the vehicles record affecting future value. The interior piece is likely a $20 piece that pops off in 2 seconds - zero effect on future value. The chip in the rocker is also a very minor fix. The next buyer will never know it was repaired. These comments are hilarious.

[JABCAT]

Originally Posted by Powerwhee

Well, that’s what I would ask for—they may refuse and a negotiation may ensue.

$10,000 accounts for the loss in resale value when this gets disclosed and the inconvenience of selling a vehicle damaged in transport in my mind. The carrier and dealer could split that cost or one of them can eat it.

If the dealer has another willing buyer, then this won’t work, but if they do not I can see them being willing to discount the car to the price they purchased it for, which is probably $15-35K under MSRP depending on spec.

It seems as if you never purchased a new vehicle before. They would laugh you right out of the dealership, and zero negotiating would ensue. It's also clear you have absolutely no concept of invoice prices, dealer holdbacks, incentives, etc. A dealership did not pay $15-35k under MSRP for a $70k M2 It's likely closer to $5-8k.

[dand52261]

So they can easily give $100-200 in swag as a result for the inconvenience. Customer service is lacking everywhere and the perception that inconvenience, especially after spending 70K+ doesn’t result in something, anything is ridiculous

[Carefree]

Originally Posted by JABCAT

This is what you said above, "It’s not unreasonable to ask for $100?, $200?, towards in house swag or BMW parts basically for the inconvenience."

The comparison is not irrelevant. Taking the vehicle in for warranty work is an inconvenience. So based on your comment above everyone should ask for $100, $200 worth of extras every time they have to bring it in.

Sorry you’re wrong.
A car arriving in unacceptable condition is not the same as general warranty work.
That is the basis of the discussion. Don’t go off on a tangent.

Have a nice Independence Day.
USN 1969-73

[mrdudley]

Originally Posted by Powerwhee

Well, that’s what I would ask for—they may refuse and a negotiation may ensue.

$10,000 accounts for the loss in resale value when this gets disclosed and the inconvenience of selling a vehicle damaged in transport in my mind. The carrier and dealer could split that cost or one of them can eat it.

If the dealer has another willing buyer, then this won’t work, but if they do not I can see them being willing to discount the car to the price they purchased it for, which is probably $15-35K under MSRP depending on spec.

As somebody who had a BMW that was damaged and repaired in transit, and it was not disclosed, the buyer has little recourse if he already signed.

And by little, I mean the dealer will refer him to BMW NA saying they can’t do anything. And BMW NA will ghost you pretty quickly. I even contacted a lawyer and they said it’s not worth it to sue. If it’s only cosmetic, all the manufacturer owes you is the repair.

If the buyer hasn’t signed, he could walk. And the dealer would let him, fix the minor damage, and sell as new anyways.

[Powerwhee]

Originally Posted by mrdudley

As somebody who had a BMW that was damaged and repaired in transit, and it was not disclosed, the buyer has little recourse if he already signed.

And by little, I mean the dealer will refer him to BMW NA saying they can’t do anything. And BMW NA will ghost you pretty quickly. I even contacted a lawyer and they said it’s not worth it to sue. If it’s only cosmetic, all the manufacturer owes you is the repair.

If the buyer hasn’t signed, he could walk. And the dealer would let him, fix the minor damage, and sell as new anyways.

lol I am a lawyer that negotiates for a living. I understand very well the law regarding disclosures like this. The rest of you are talking out of your asses about your own experiences lmfao.

The dealer is legally required to disclose any material fact affecting the car’s value. A car being damaged in transit is a material fact that needs to be disclosed. If the dealer does not it’s fraud. BMW was sued over this about paint work and a case came out over it. Look it up.

What you all are saying is there is not much damages because repairs can be done. That’s besides the point. The point is all things being equal someone will pick a car not damaged in transit over one damaged in transit. That’s the leverage here—not the amount of the damage.

You all think you are smarter than you really are, pontificating on rules of law you have zero idea about. That’s why lay people need lawyers like me to actually negotiate for them LMFAO.

And then the other poster talking about the details of dealer pricing and saying I’ve never purchased a new car LMFAO. I purchased a brand new i4 M50 a few months ago and have clients who are dealerships. You all kill me with your ridiculous statements

I’m done replying in this thread. Good luck to op. Get $200 back like these guys are telling you and take the car.

[aerobod]

The OP is in the UK; US law, principles and remedies have no relevance whatsoever there.

The concept of diminished value in a purchased good is not really relevant in the Consumer Rights Act (CRA). The CRA has a concept of rejecting goods if not fit-for-purpose within 30 days from delivery, with a full refund minus any reasonable deduction due to wear and tear from usage.

The Government guidance on meeting the act obligations is here: https://www.businesscompanion.info/s...s-Sep-2015.pdf

[mrdudley]

Originally Posted by Powerwhee

lol I am a lawyer that negotiates for a living. I understand very well the law regarding disclosures like this. The rest of you are talking out of your asses about your own experiences lmfao.

The dealer is legally required to disclose any material fact affecting the car’s value. A car being damaged in transit is a material fact that needs to be disclosed. If the dealer does not it’s fraud. BMW was sued over this about paint work and a case came out over it. Look it up.

What you all are saying is there is not much damages because repairs can be done. That’s besides the point. The point is all things being equal someone will pick a car not damaged in transit over one damaged in transit. That’s the leverage here—not the amount of the damage.

You all think you are smarter than you really are, pontificating on rules of law you have zero idea about. That’s why lay people need lawyers like me to actually negotiate for them LMFAO.

And then the other poster talking about the details of dealer pricing and saying I’ve never purchased a new car LMFAO. I purchased a brand new i4 M50 a few months ago and have clients who are dealerships. You all kill me with your ridiculous statements

I’m done replying in this thread. Good luck to op. Get $200 back like these guys are telling you and take the car.

I did go through this, but I never claimed to be a lawyer.

Some more details, but my context isn’t so different from OP. I had some visible damage on bumper trim. My dealer said there was no damage on any paperwork or in their systems, but offered to replace it.

A month later, I learned from IND (yes IND) and confirmed by a local paint shop that my bumper appeared resprayed. I asked the dealer for compensation for the loss in value. Because there was no damage reported, the dealer referred me to BMW NA.

BMW NA gave me the run around, and refused to answer whether the car had been repaired. They also refused to reply in writing and would only do phone calls, but still gave vague answers regardless of how I asked. For months.

So I contacted a lawyer and they basically said it was fixed and I had nothing, so would be a huge gamble to sue that would never pay back. Maybe that was bad advice, but again, I’m not the lawyer.

[koopa]

Originally Posted by Powerwhee

The repairs will be on the car’s record and affect its future value. I’d ask for at least $10,000 off.

$10K? lmao

[aerobod]

Originally Posted by Powerwhee

Another poster indicated UK law is different from US law so this argument is irrelevant. Not really. US law adopted UK law and the concepts are very similiar as to sales of goods and fraud. The jurisdictions may have different laws passed by the legislature codifying the concepts, but those laws are not usually the exclusive remedy and the common law would still apply which carries with it the concepts on which my demand for a $10k discount is based. But I do concede that UK law is not as friendly here as US law would be, and especially California law, which is very friendly to consumers.

UK law has a consumer remedy in this case which is to reject the car. My UK legal friends would laugh at any attempt to take such a trivial matter as the OP has to court. The likely outcome would be the award of costs against the plaintiff, as the dealer is dealing with the minor defects, if the OP doesn't want to reject the car and receive a refund.

Consumer rights are generally stronger in the UK than the US, not requiring the use of legal remedies, negating any over-the-top need to take a seller to court over minor issues. Any court award is also likely to be very little on the off-chance suing a seller was successful. Likely a lot less than the legal costs.

[MADBMWX5MC]

Drive, drive and drive...enjoy the ride. Small potatoes you dealing with there, it will be fixed.

[stashstein]

This is why I told the guy who wanted to go see his car get offloaded from the boat to pass 😂

[BRAKE!]

Hey OP - these kinds of threads always seem to bring out a couple of folks who whisper in your ear that anything short of a miraculous discount is a fool's act on your part. Well it's not reality in many instances and so, I don't think you should necessarily go into it with this mindset.

$10k off (while I love ambitious acts in negotiation) for a small chip and a crack in plastic is unconscionable. The dealership here seems honest - they are not afraid to show you the flaws and then tell you how they are going to fix it. Let them do their thing and collect the car and enjoy it.

The further you go down the rabbit hole of chasing perfection, the more miserable you're going to become. I guarantee you if you look closely enough, you'll find numerous flaws in a new car (even Porsches and Ferraris) and drive yourself mad over nothing while losing precious time you could have enjoying it.

[Flea]

So, I have OCD about the exterior of my cars. Even my daily gets parked at the end of the lot when I go to a store. I would not have accepted a car with exterior damage.

[techwhiz1]

I just want to know why folks can't act like adults here?

Car damaged in transit is common and under a specific value (at least here in the US) they don't even have to tell you. If a panel is replaced that is different.

You aren't getting thousands for an in transit damage and repair. They will tell you kick rocks. You can refuse delivery and wait for a perfect car, at least in most states here in the US.

The best you are going to get is a parts coupon or a service discount.

Life is short and what do you do if someone bumps the car in a parking lot and keeps going? Even if you find them, you aren't getting thousands in extra compensation beyond the repair.

I just don't understand all the emotion tied up in an occurrence that "just happens"?

Crap happens....

My BMW S1000RR had to have half the plastic replaced before I could take delivery. I waited extra time and all I got was "thank you for your patience". This is a motorcycle that costs close to $30k.

[DSTR]

Originally Posted by aerobod

UK law has a consumer remedy in this case which is to reject the car. My UK legal friends would laugh at any attempt to take such a trivial matter as the OP has to court. The likely outcome would be the award of costs against the plaintiff, as the dealer is dealing with the minor defects, if the OP doesn't want to reject the car and receive a refund.

Consumer rights are generally stronger in the UK than the US, not requiring the use of legal remedies, negating any over-the-top need to take a seller to court over minor issues. Any court award is also likely to be very little on the off-chance suing a seller was successful. Likely a lot less than the legal costs.

I posted the seller being in the UK and laws different. Which they are.

[mrcheyl]

Originally Posted by koopa

$10K? lmao

Yeah this is where the thread lost me

[Adam10]

Update - Have collected car today, dealer has put full tank and valeted car. However I just got home, and noticed right above where the plastic trim has been replaced, they have scratched/damaged the panel above it (see pics) also noticed some marks on the inside of the driver which I originally thought were dirt but are not. This is now becoming incredibly frustrating and I don't know what to do

[ATTACH][/ATTACH]

[M2Cmtl]

Is this your first new car? This kind of "damage" can be found on every car I've purchased if you look hard enough. There is always a scratch here or there. There is a good chance that a new car has had some sort of damage from the factory to the showroom...its very common.

If you don't feel right when taking delivery, you can just walk away (unless there is a non ref deposit of sorts in the UK). But this kind of thing won't affect value in any way and the dealer will just sell it to the next guy. If a car I wanted had such "damage" I wouldn't car at all...

[two_three_two]

the door panels at that spot are going to be marked up worse than that in a matter of days unless you are really deliberate in your foot placement and instructing every passenger to not use their foot to assist door open. its just cheap materials (remember this is a 2 series) that are prone to scuffing.

the other part might rub right off with some plastic cleaner and a little elbow grease. unless you are putting this thing in an airtight chamber it will accumulate scrapes, nicks, trim will be scuffed, etc.

as someone else said, its a mass produced baby M car, not a bugatti. don't let the little stuff affect your enjoyment.

[Montaver]

Let it go and enjoy your car. If you cant let it go, replace the plastic trim piece yourself. Its probably a $20 part.