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Bmw of Pembroke Pines voided my warranty!!!! PLEASE HELP
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| 08-11-2010, 02:13 PM | #1 |
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Bmw of Pembroke Pines voided my warranty!!!! PLEASE HELP
First I want to introduce my self to the forum, Second please excuse my grammar is my third language!!!
 So here it goes I just bought the car and still under 50k miles and its a 2008 E92 335I, I took the car to the dealer because the day before yesterday I heard a rattle noise coming from the bottom of the car, I did some research here and it looks like its coming from the waste gates. when I got the BMW dealer they check the car in as normal and then the bomb hit me the previous owner had a BOV on the car, and because of that the voided the warranty!!!! The service adviser heard the noise and confirm that that is the waste gates, and told me that I was shit out of luck, this was at BMW of Pembroke Pines in FL. If I take the vehicle to a different dealer are they able to see all the past comemnts that BMW of Pembroke Pines has on his system??? The truth of the matter is that E92 actually suffer from this malfunctions and it looks to me that they are just toasting me around, Since I am close to the 50K as well. At the same time he did show me the paper work and the comments show that the vehicle when in and it has after market part a BOV, but he did not show me NO where in writing that the vehicle warranty was voided because of it!!!!  Please help!!!! |
| 08-11-2010, 02:26 PM | #2 | |
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When did you buy the car? From a dealer or a private party? Did you take the car to a dealer before? Did they say anything? What mods are on the car? |
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| 08-11-2010, 02:30 PM | #5 | |
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There is not mods what so ever on the vehicle now It was the previous owner I guess he had a BOV on the vehicle thanks ! |
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| 08-11-2010, 02:31 PM | #6 | |
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| 08-11-2010, 02:32 PM | #7 | |
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| 08-11-2010, 02:35 PM | #8 |
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You probably should of taken the VIN to the local BMW dealer, and have them run it and ask for them to tell you if there is any issues, warranty is good etc...BEFORE you buy it.
That is what I have done with my past BMWs...the service reps are pretty good about giving up the info on a VIN so you can have piece of mind. And ensure to tell them that you will be taking your car there for all of it's service work. They love that. Get their name/card etc...play up to them. Of course, little late for you. |
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| 08-11-2010, 02:37 PM | #9 |
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Depending on your state laws, you can sue the dealer who sold it to you for lying to you unless you signed the "as is no warranty" paper they usually make you sign.
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| 08-11-2010, 02:38 PM | #10 |
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Just to confirm:
1) You do not have the BOV on the car now, and it wasn't physically on the car when you bought it? 2) Did you buy the car from a BMW dealer? 3) If it was a BMW dealer, did they advise you before you signed the papers that the car previously had a BOV and that because of that, the vehicle would not have the balance of the 4/50,000 factory warranty? Was it CPO? If it was a BMW dealer and they failed to advise you of the previous equipment on the car and warranty status, you have a case to have them either: a) honor the warranty, or b) reverse the sale and take the car back. Be nice when you are talking with them, but let them know that you are willing to pursue the issue more formally (legally) if a resolution to the situation is not apparent. Regards
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| 08-11-2010, 02:39 PM | #11 |
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I know. I f up, but at the same time to me this is BS this vehicle suffers from this, and I am pretty sure that a BOV didn't trigger this.
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| 08-11-2010, 02:42 PM | #12 | |
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2. NOPE it was not a BMW Dealer |
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| 08-11-2010, 02:43 PM | #13 | |
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| 08-11-2010, 02:44 PM | #14 | |
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I am Calling an Attorney !!!!  |
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| 08-11-2010, 02:44 PM | #15 |
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If the dealer sold you the car representing that the warranty was still valid and then turned around and voided it for something the previous owner had done the minute you take it in for service, I would pitch a fit.
Their misrepresentation of the warranty is grounds to nullify the sale of the car. If they had this knowledge of this previously installed blowoff valve, they should have voided the warranty at that time and not lied to you during the sale. You have a very strong position here legally. Either make them honor your warranty or nullify the sale and renegotiate the price for a vehicle with no warranty coverage!
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| 08-11-2010, 02:51 PM | #16 |
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Your dealer that you bought the car from had no idea that the car's warranty was voided. I don't know if you can get anything from this.
I would, however, contact them and explain the situation. See what they say. Sometimes, the dealership will reinstate your warranty because the mod is removed. I guess they're being difficult. |
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| 08-11-2010, 02:51 PM | #17 | |
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| 08-11-2010, 02:53 PM | #18 | |
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Ask them why they did not void the warranty at the time they found the BOV? It makes no sense for them to do this after the fact when the BOV is gone and they likely have no proof it ever was on. I would demand proof that the car had a BOV installed. If they come up with something ask why the warranty was not voided at the time of the discovery of the BOV. You brought in a stock car for service under the BMW warranty. You did not, in any way, modify the car. There's no reason for them to void the warranty for anything you have done. Again, pitch a fit
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| 08-11-2010, 03:00 PM | #19 |
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Are you people reading his thread...?
He bought the car from a non-BMW dealer... the dealer who sold to him was probably just as much in the dark about the BOV issue as AMGeater was... This boils down to a buyer (AMGeater) not doing the proper homework on vehicle before he purchased it. His only recourse (maybe) would be if he didn't sign the NO WARRANTY/AS-IS paperwork most used car dealerships force you to sign when you purchase a car... Otherwise, the repairs to the car are coming out of his pocket... Cautionary tale for the rest of us... |
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| 08-11-2010, 03:11 PM | #20 |
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Even if the car was sold with remaining warranty, it's hit or miss as to whether or not you get anywhere legally. The fact is the warranty is not void, just that warranty service for his wastegate/BOV problem is being denied. Also, the fact that it has been noted in the BMW network means even if you return it to stock, any future problems will likely be denied as well.
Say something goes wrong with the brakes (for arguments sake), and they are still stock, the warranty service is still intact on those. When buying a car used still under warranty it is sold "as is with remaining warranty" meaning that the warranty still exists (for lack of a better phrase) on parts it still exists for - unmodified parts still under the 4yr/50k warranty. I learned this lesson myself recently too. Like I said, suing is hit or miss, and depending on the cost of putting the car right, usually isn't worth it...this coming from someone who had spoken to a lawyer who exclusively sues car dealerships in my area. In my case I just bought the parts I needed (sway bar) for like $200 and put it in myself. |
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| 08-11-2010, 03:12 PM | #21 | |
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| 08-11-2010, 03:15 PM | #22 |
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The OP's first step should be to contact the BMW dealer and find out exactly what caused what issues. The "warranty is not void" but the dealer is refusing warranty service on this failure because of a documented prior mod.
I suspect that the car was heavily (and probably badly) modded by the prior owner, had many issues, the dealer refused warranty repairs (and documented them) and the owner sold it to a non-BMW dealer. Most states have some sort of a "warranty" for cars that are sold at used car lots. The dealer may have been clueless about the prior issues but that doesn't get him completely off the hook. Once the OP has facts in hand from the BMW dealer (they should be willing to help him if he explains his predicament), then he should go to the selling dealer and request that they rescind the sale - or pay to have the issues with the car corrected at the BMW dealership and get the warranty (or whatever parts were affected) reinstated. The next time the OP buys a car he needs to do his homework first. Good luck |
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