Owner and Salesman sold me BMW stating "verbalY" 90 day warranty on the Motor. Motor was bad and car is undriveable with approx. $5000 repair bill.
Around 9/26, 2014 I purchased a 2000 BMW 323CI Convertible from the lot salesman 'xxxxx'. This was NOT an Auction type transaction. xxxxx advised that they just placed a new motor in the car with approx. 70,000 miles and the car had a 90 day warranty. I spoke with the owner to see if he would reduce price on the car...he said, no...because he just put a new motor in the car but he was giving me a 90 day warranty. When paperwork was done they MADE me sign off/initial on the AS IS statement, but before I did that, I told xxxxx (the owner) that he and xxxxx told me it had a warranty and I need that in writing. He, xxxxx... stated to me and my retired mother (the co/owner) that if the car messed up he would make it right. The car started making weird noises almost immediately. I was living in xxxxx but going to xxxxx on a regular basis traveling as I am a Realtor. I took the car back in Oct and November and they "listened to it" in the parking lot and said, "Oh this is how BMW's are suppose to sound". The noise got louder and worse, so I called xxxxx and told him by phone that the car was running bad. I took it back in December and they lifted the hood of the car and listen to it and said, Oh, its just an Exhaust Leak. Its not the motor. And then, my warranty expired. The car continued to sound badly and I had several mechanics listen to it and they said it was not an exhaust leak, sounded like a head gasket was bad. But I did not have the money to have it thoroughly checked out. Finally, in May the car made a very loud noise when I cranked it up and so I drove it straight to mechanic and left the car with them to check it out. They said it had a blown head gasket and wanted almost $3500 to fix it. I had to drive a rental car until I could get it resolved. I called xxxxx and xxxxx office and they said that xxxxx would call me back and he never did. A friend knew a BMW Mechanic so I took the car to him for a 2nd opinion and they had to tear down the head and found that the entire motor was TRASH. They took pics of where the motor had been tampered with and severly caused irreputable damages to the motor AND the radiator. Their estimate to replace was almost $5000. I paid right at $5000 for the car and the blue book value is only around $6000 in GREAT condition. I called xxxxx at the office again and spoke to another lady and she said,...what do we need to do to make this right? I told her to pay to have the car fixed or give me my money back. She said xxxxx would not do that...but that he MIGHT put me in another car...and I could give them the BMW back. I told her that this would be acceptable to me but I needed it done immediately because I was paying for a rental car by the week. I told her the car was at the BMW shop in xxxxx where I was staying at the time...and she said I would have to bring the car back to xxxxx, SC. She was suppose to call me back and let me know if the owner/ xxxxx would do this for me. She never called back nor did xxxxx. I called back again and again and left voice mails. One day I called twice, someone picked up the phone, never said Hello...and then hung up the phone on me. I finally called xxxxx and left him a message and said someone needed to call me back or I would just do what I had to do. I finally mailed them a Certified Letter that they have signed for. I sent them the repair estimate that showed the repairman's insight onto what had happened to that motor. He said the motor was a mess on the day I purchased it based on his findings. I paid over $5,000 for the car, I paid close to $800 for car rentals while it was being checked out and WAITING for RH Public Auction to let advise what they would do. I paid out money to xxxxx in xxxxx for checking the car out and then another almost $600 to the BMW shop for their tear down to find out what happended and then I had to go get a car and now have to pay a car loan plus out of pocket $1500 down pmt.
I am asking for a refund on the amount of money I paid for the car PLUS the monies that I had to pay to get the car checked out (two different shops), plus the money to have the car hauled back to xxxxx, SC from xxxxx, SC because that is what the lady at the RH Public Auction said I would have to do AND the money I paid to the Rental Car company while I waited for the place to get back to me to let me know what xxxxx would do to help me. I would have NEVER bought that car and spent that much money CASH if the car was not going to have the warranty. xxxxx shook mine and my 72 yr old mothers hands and said he would make it right and he lied. He said there was nothing wrong with the car and it was.
The car needs a brand new motor and brand new radiator. I would also be happy if they will install at their expense a brand new motor and radiator so I can DRIVE my car again and reimburse me for my expenses I endured due to their lack of responsibility to thoroughly check the car when I brought it back the first time AND lack of responsibility to return my phone calls and work with me on this situation. I can sell my other car I am now paying for. The BMW was my DREAM car. It is sitting in my driveway in xxxxx SC and is still TAGGED and INSURED although its undriveable. And I would also like to add..... If the car was NOT under a warranty.... then WHY would they have told me to bring it in and let them check it...why would they have taken it into their shop and lifted the hood and checked it and told me....oh...its only an exhaust leak. If it was NOT under warranty... as .they would have never checked it out at all... xxxxx SHOOK my hand and that should mean something. I received their signed Certified Receipt of where they received my certified letter and no one has tried to contact me. I am relocating back to xxxxx,SC as of 8/1/14 and will be in town from that point on.
This vehicle was purchased on September 26th 2013. A warranty was provided on the motor. When the vehicle was brought back to us there was nothing wrong with the motor. Unfortunately, we will not be able to give a refund for the vehicle.
(The consumer indicated he/she DID NOT accept the response from the business.)
I have written proof from a BMW repair facility that took the motor apart and stated the motor was in the same condition as when I purchased it. I sent this written proof by certified mail to RH Public auction. I also have pictures of the damages that were already done to the motor prior to my purchase.
The RH public auction listened to it in the parking lot the first two times i took the car to them. They took my car into a garage bay at the Carlot on the 3rd time I took it to them. They lifted the hood of the car and listened to it. They did not take it apart, they did not put it on any diagnostic machine, they even stated......this is how BMW'S Are suppose to sound like, with the noise is was making. They also said THEY put this motor in the car right before I bought the car. They also said it just had an exhaust leak. The mechanics I hired, two of them, for 2nd opinions, said......if they put a motor in the car themselves, THEY are the ones that connected THE EXHAUST System to the motor....and they should have connected it properly to begin with. But, it was not an exhaust leak. It was a motor that had been tampered with, with holes bored into it that caused irreparable damage. It only got worse as I drove it. If I need to upload a copy of my estimate and letter, I will, but RH Public Auction has a copy. I can also upload pictures if It will help my case. I uploaded three pics to show where the motor was "bored" out prior to my purchase....just to prove I had it torn down to be checked. I cannot afford another motor and this one cannot be repaired according to the BMW specialist.