i purchased my bimmer in dec. 02. we had a problem with it 2 days after that...blown headgasket. the dealer covered it (looking back i wish i would have not purchased it from a regular used dealer). we also had problems with the top which they "kinda" fixed. well, the real problem is that i took it to a local shop for a check up and they looked it over and said they can tell it was in a wreck. all the padding under the hood looks new, there is a gap between the hood and grill, grill and bumper. the plastic covers under the bumper are missing. before i bought the car i did a carfax and it was clean. they never told me the car was in a accident. i know dec. 02 was a long time ago, but the war in Iraq happened and i got deployed (Air Force) for about 6 months. Thanks in advance guys. Any kinda of advice would be great.
so...do i have a leg to stand on???
- Thread starter comrade1
- Start date
Been deployed myself my Air Force bro.....TSgt....spent over a year deployed to Khobar, Kuwait, and Qatar and Bahrain. I think you are on your own. Dealer will probably do nothing for you as the sale is done. At least the fixed the head gasket. Could have cost you a pretty penny. I feel your pain.....bought a Star Mark Benz ML320....worst thing I could have done. Dealer sucked. It was in the shop from day one....still feel the ass pain to this day. Where you stationed? I was deployed from 01-02 for Enduring Freedom.![[;)]](/images/smilies/wink.png "Wink [;)]")
Good to see a brother in arms on the board!![[thumb]](/images/smilies/icon_smile_thumb.gif "Thumbs Up [thumb]")
Good to see a brother in arms on the board!Attachments
Not legal advice, no attorney-client relationship implied, etc.
Practically speaking, it may not be worth it to spend a lot of time and effort in Court. The amount of money involved is probably not worth the trouble.
However, you would do well to send them a thoughtful letter outlining the problems with the car and asking them to rectify the situation. You can have an attorney write it on your behalf and explain the potentially actionable position that you are in. Informal resolution would be the best way to go.
As far as your chances of success in court, I don't know where you live or enough details to say. Laws regarding used car disclosures (and everything else) vary from state to state. If you bought the car "as is" and can't prove they knew it was in an accident, you probably will not be successful, but that it is a generalization. If it is that important to you, sit down with a relative or friend who is an attorney and take a look at all the paperwork you have.
I would not wait any longer, as the applicable statute of limitations is running. You probably have some time (a year or more) to file, but no guarantees.
Just out of curiousity, what kind of BMW did you buy and how much did you pay, if you don't mind me asking?
Practically speaking, it may not be worth it to spend a lot of time and effort in Court. The amount of money involved is probably not worth the trouble.
However, you would do well to send them a thoughtful letter outlining the problems with the car and asking them to rectify the situation. You can have an attorney write it on your behalf and explain the potentially actionable position that you are in. Informal resolution would be the best way to go.
As far as your chances of success in court, I don't know where you live or enough details to say. Laws regarding used car disclosures (and everything else) vary from state to state. If you bought the car "as is" and can't prove they knew it was in an accident, you probably will not be successful, but that it is a generalization. If it is that important to you, sit down with a relative or friend who is an attorney and take a look at all the paperwork you have.
I would not wait any longer, as the applicable statute of limitations is running. You probably have some time (a year or more) to file, but no guarantees.
Just out of curiousity, what kind of BMW did you buy and how much did you pay, if you don't mind me asking?
thanks for the advice guys. the car runs ok it is mostly just cosmetic...but still. i'm going to talk to the legal office on base and see what (if anything) can be done. i wish i could figure out how to post pics to show you guys.
carcus,
i was lucky during the war cuz out of a group of 12, 3 of us were sent to maine. the other 9 went to kuwait, qatar, and iraq. it was cold up there but you aren't gonna hear me complain. I'm stationed at macdill afb in tampa but getting out in dec.![[clap]](/images/smilies/icon_smile_clap.gif "Clap [clap]")
tom,
i didn't ask the dealer cuz i figured he himself would either tell me or it would show up in the carfax report.
brahtw8,
are you an attorney? cuz that sounded like you know your shit! i got a 97 318ic with 86K for $11,000. i now regret getting a 318 but not a BMW.......yet!
carcus,
i was lucky during the war cuz out of a group of 12, 3 of us were sent to maine. the other 9 went to kuwait, qatar, and iraq. it was cold up there but you aren't gonna hear me complain. I'm stationed at macdill afb in tampa but getting out in dec.
tom,
i didn't ask the dealer cuz i figured he himself would either tell me or it would show up in the carfax report.
brahtw8,
are you an attorney? cuz that sounded like you know your shit! i got a 97 318ic with 86K for $11,000. i now regret getting a 318 but not a BMW.......yet!
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I went through almost the same thing - I discovered the car had been wrecked 2 days after I purchased it from a very reputable dealer. I even asked if the car had been wrecked. They told me no. They took the car back, but they had sold my car in the two days they had it. I had to fight to get the trade difference from them.
Piece of advice - always ask. I have found that the most common answer is "I am not sure". Learn how to spot wrecked cars - matching vins, uneven gaps, paint lines inside doors, trunk, and hood. No matter who the dealer is, make a contingent of the sale that you can have the car checked out and return the car if there is body damage from an accident. You can always start this by saying "Since you are not sure if the car had not been wrecked then........"
I gave this advice to my brother. He purchased a very good looking Honda Civic. He followed my advice, had the car checked out and found out it had been completely repainted, indicating a pretty bad wreck.
Piece of advice - always ask. I have found that the most common answer is "I am not sure". Learn how to spot wrecked cars - matching vins, uneven gaps, paint lines inside doors, trunk, and hood. No matter who the dealer is, make a contingent of the sale that you can have the car checked out and return the car if there is body damage from an accident. You can always start this by saying "Since you are not sure if the car had not been wrecked then........"
I gave this advice to my brother. He purchased a very good looking Honda Civic. He followed my advice, had the car checked out and found out it had been completely repainted, indicating a pretty bad wreck.
Yes, thanks. That is why I put the disclaimer up whenever I post on legal issues. Otherwise, I could be accused of practicing law without a license in FL, or wherever.
Informal resolution is probably the best way to go. Have the attorney write a letter, and if that doesn't work, then you can decide if you want to sue them. Small claims procedures are relatively informal in most states, but have their disadvantages as well. You may have a large claim if you try to rescind the contract, but it sound more like you would have a tort claim, for negligent or intentional misrepresentation. There may also be some statutes involving used car disclosures that provide a cause of action or some leverage if fines are involved.
Good luck.
Informal resolution is probably the best way to go. Have the attorney write a letter, and if that doesn't work, then you can decide if you want to sue them. Small claims procedures are relatively informal in most states, but have their disadvantages as well. You may have a large claim if you try to rescind the contract, but it sound more like you would have a tort claim, for negligent or intentional misrepresentation. There may also be some statutes involving used car disclosures that provide a cause of action or some leverage if fines are involved.
Good luck.
I have purchased a few cars online - that's even more misleading when you just read the description and try to e-mail the seller a bunch of questions that he has probably answered many times before... I guess getting a car checked thru CarFax or similar pays in a long run. If there's no record of wreck or an accident on there, you probably wouldn't be able to prove anything against the dealer (or any seller, for that matter) in court, even if the car looks obviously rebuilt.
