I purchased a 09 **** ****** for my wife on September 19, 2013 from the BMW dealership in Atlanta Ga. Within two weeks the check engine light came on. We had purchased an extended warranty so we took the car to our hometown mechanic since we live two hours from Atlanta. He informed us the thermostat needed replaced which was covered under our warranty, but he also found carbon build-up on the valves. This couldn't have happened within two weeks. Our mechanic informed us of a service bulletin from BMW about this issue. So we called BMW and let them know of this issue and they said it was our fault for not running high test gas (which we did use). So they said we had to bring it back to Atlanta for them to assess the problem for themselves. After they assessed the car they called saying it would cost us $695.00 to correct this issue. They had the car for a week and repaired the thermostat (that our warranty covered) and a recall voluntarily. They didn't touch the carbon issue. After many phone calls BMW said if I would try two fuel treatments in my gas and return after that another two hour drive (and they offered to supply the two fuel treatments and we still havent recieved those), and if the carbon issue wasn't resolved they would pay for half of the repair cost. We return to pick up the car of course it wasn't ready after repeated calls that we were coming. When they pull it around it had trash in it, stains on my leather seats, and some kind of "gunk" running down from my gas tank. Well it's been two weeks and my engine light is back on. BMW wants me to bring them the car to them to repair ( and I pay half). I feel they knew the car was subpar and I don't think that we should be responsible for the repair. At the time of purchase we were assured that the car was in "excellent running condition because their shop had inspected the car completely" per ***** ******** our sales person. Again we only had the car two weeks when the check engine light came on.
My wife has wanted a **** ****** for a couple of years and she loves her car.I would like to keep the car for her, we just want the car repaired. I believe if it can't be repaired then we can explore a replacement or a refund. This has been an awful experience and we just want these issues resolved. I do feel that we should not be responsible for the repair.
To Whom It May Concern:
Mr. ******* purchased a used vehicle from our location back on Sept. 19,2013. Mr. ******* shopped this vehicle online and had access to the ****** and ********* records as furnished online by my Center.
Mr. ******* then had an opportunity of dicovery upon visiting our center. He was asked to test drive, inspect and be sure that this vehicle met his criteria prior to delivery
Mr. ******* signed an FTC guide stating that the vehicle was sold "As Is" No Warranty, he signed a "We Owe" stating that we have not verbally promised anything in addition, he signed a "purchase disclosure" specific to his vehicle stating that he acknowledges that the vehicle has no warranty or guarranty and any occurence after delivery will be at his expense and finally he signed a warranty declination page stating that he declined to purchase any warranties for this vehicle. All of these signed documents are available by request and consent of the customer to release to BBB on his behalf.
A few weeks after purchase, mr. ******* calls our pre-owned manager telling him that his mechanic has looked at the vehicle and it needs about $6000 worth of repairs. Upon hearing this I advise ****** ********* my pre-owned manager to let Mr. ******* know that we would absolutely look at his vehicle here in our shop and if possible extend some goodwill to assist but we would not extend goodwill for a vehicle in an outside repair shop.
The vehicle arrives at our dealership and Mr. ******* states that his mechanic confirmed a "carbon" issue that **** has published a bulletin in regards to.
I, ***** ******** personally spoke with Mr. ******* after the vehicle arrived at our shop and firstly stated that we are not obligated to address anything on this vehicle as it was purchased "As Is" however I did offer to assist with 50% payment of any required work as a goodwill gesture.
Mr. ******* outside warrantry paid for a thermostat so the only thing left was the carbon blast of the engine. Our suggestion to Mr. ******* was to try a fuel additive for 2 tanks of gas and if that fails then we can open up the engine and my offer -which I sent to him in writing via email - would still stand. I used the anology of not having open heart surgery if there were alternative remedies to the issue instead of having heart bypass surgery - which is what the carbon blast is equivalent to in terms of opening up the engine. I offered to provide the fuel treatment, pay for his fuel to drive to Atlanta, detail his vehicle once again, provide a loaner car and of course absorb 50% of the ticket.
My staff put in the first bottle of fuel treatment and filled up his tank with gas. Upon his re-fueling 10 days later, the check engine light is back on the vehicle. As part of our initial resolution, he was to bring the car back to have it checked and or have the decarbonization treatment done as per my good will resoution. He instead has sent an email directing us to buy back the vehicle and has also opened this BBB case instead of following through with the proposed resolution.
He makes references to the dealership selling him a vehicle that we knew was deficient - quite the contrary as this vehicle was purchased here as brand new and has always been serviced at our center. The vehicle has never missed any service interval and upon our inspection prior to sale there were no codes, indications or deficienices present or detected via computer scan tools. This is a good vehicle.
His current check engine light could be from a multitude of things including tier 2 gas, not clicking the fuel cap, sediment at the gas station in which he filled up etc...
That said we were still waiting for his return to go forward with the resolution that we agreed upon a couple of weeks ago but instead we are in the demand and threaten stage of buying back the car.
Lets' be clear - BMW & **** of South Atlanta do not have to do anything in this case in regards to a customer purchasing a car out of warranty that now has issues but we are willing to offer goodwill in the spirit of customer service. Also, we will absolutely not be buying this vehicle back from Mr. ******* as there is nothing to substantiate any wrongdoing on our end as he claims.
Our goal is always to try to help customers but when the expectation of what was delivered is not realistic it makes any resolution other than what the customer wants diffciult to attain.
We sincerly hope that Mr. ******* finds resolution fitting by his perception and further we are willing to be 100% compliant with any investigation by any authorized agency to confirm the condition and state of this vehicle.
I will personally inform Mr. ******* that in light of this BBB case and his threats of potential litigation to follow that I will have to rescind my offer of goodwill as everything related to this file will be turned over to our legal department.
I can personally be reached for any further comments or questions.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
I did purchase this vehicle on 9/19/13. It was 21 days(10/10/13) after the date of purchase that the check engine light came on. I do in fact have an extended warranty on this vehicle. I dropped the car off at the mechanic here in town that day because my wife and I where going out of town. They called to advise me of there diagnosis 10/15/13. There was an issue with carbon build up on the valves that was causing a misfire with the cylinders and the thermostat needed to be replaced. My extended warranty was willing to replace the thermostat but was not willing to fix the carbon build up issue because they feel this is not an issue that we could have caused in 21 days. **** also has a service bulletin out for this exact issue. At this point I called BMW/MINI of South Atlanta and spoke with ****** ********* on 10/15/13 about the issue and he advised me he was going to speak with ***** ******** which is the ******* ***** ******* about helping us resolve this issue. I never told Mr. ********* the repair was $6000 which Mr. ******** stated. They did request that we bring the vehicle to them which we complied. Their diagnosis was the same as the mechanic here in ******* but yet they tried to blame us for "tier 2 gas". Mr. ******** did make a request that we try the fuel treatment for two tanks of gas, that he would supply the treatment. We picked the car up from them on 10/24/13 and they did supply one treatment, we never received the second treatment that was promised. After multiple attempts to get the second treatment with no success, I spoke with **** ******* a ******* ******* at the dealership on 10/29/13(because we still had not received the fuel treatment) and requested a equivalent treatment we could purchase locally. He recommended any fuel treatment from the "parts store". I purchased the treatment and installed that day when I refueled. When the check engine light came back on a few days later I called several times and tried to speak with Mr. ******** he was not available. I left a message for him to call me back with no response. At this point I sent him an email on 11/6/13 with no response from him once again I sent him another email that I can forward it to you if you would like. I was not a threat which is clearly stated in the email, I was just letting him know that I have rights also. That is when I opened the complaint with the BBB. Several of his statements in his response to you are not accurate. I would like to point them out now, Mr. ******** accuses us of using "tier 2 gas" when in fact I can produce receipts verifying otherwise. He also states I told Mr. ********* the repair was $6000 which is false, he also stated that "they are still waiting for my return to go further with the resolution" where in fact he told me to "use another service center to perform your vehicle tasks". I can also forward you the email confirming this statement. He also stated that they would detail the car again, they have not done this the first time. Once again I would be more than happy to provide any and all of the above stated e-mails. We did request in an email that we would like this to be resolved by either returning the vehicle or coming to a fair resolution. If BMW/MINI of South Atlanta did a complete, and comprehensive inspection as they have stated they did, they would have know this issue was "pre-existing" and therefore we feel it is only fair that they take care of this issue. As you can read in the emailed we did not threaten anyone (that is stated in the email) we only desire to be listened to and treated fairly, but we also have avenues we can take if need be.
Final Business Response
With all due respect to the BBB and Mr. *******, any further resolution is conmpletely out of my hands. Upon the client stating formally in an email the following: "Not only could I pursue legal action against the dealership for misrepresentation, I may also have a claim under the Fair Business Practices Act for fraud".
The enitre ordeal is no longer at my discretion.
My spirit and intent was to offer goodwill to a client to help remedy his concern but in light of the potential threats of litigation and fraudulent claims, I am compelled to turn all matters going forward over to our legal department.
I thank the BBB for the outstanding job you do in trying to mediate in these matters and I truly wish Mr. ******* the best going forward.
I can be reached directly for any further inquiry from the BBB at (XXX) XXX-XXXX.