I am writing this letter of complaint in regards to misrepresented warranty claims I have experienced after purchasing the aforementioned vehicle from Car Collection of Tampa Inc. At the time of this letter, I have attempted to reach a resolution with General Manager Mr. ***** ******** to no avail.
I believe there are two key points that make my warranty claim valid. Firstly, there is disagreement between Mr. ***** ******** and I regarding the validity of my warranty claim falling within the allocated time duration of 30 days or 1000 miles. Mr. ******** has indicated that my claim falls outside of the warranty duration as I completed the purchase on June 11, 2014. However, it clearly states in the warranty that the listed items are covered from the date of delivery of the vehicle. Given that I am located in Edmonton, AB, Canada, I have documentation clearly indicating that my transport company did not pick up the vehicle from Car Collection of Tampa Inc. until July 1, 2014, cleared the Canadian Border on July 22, 2014, and delivered the vehicle in my possession of July 24, 2014. Both of these dates fall within the 30 day warranty window.
Secondly, there is disagreement between Mr. ***** ******** and I regarding the systems covered in the warranty. Having my vehicle inspected from an authorized and licensed mechanic in Edmonton, AB, Canada, my mechanic has concluded that the condition of the rear brake pads, rotors and sensors on my vehicle render it unsafe to drive until fixed. Under the Magnusson-Moss implied warranties act, a law that is valid in Florida, a product should do what it is designed to do. Given that my vehicle is unsafe to drive in its current braking conditions, the implied warranties act comes into place regardless of whether the warranty provided by the dealer outlines the systems and parts covered.
Taken together, I am very disappointed by the inadequate level of accountability, reliability, overall quality of service Car Collection of Tampa Inc. upholds. Mr. ***** ******** was rude and confrontational in our exchange and implied that given that I was a Canadian citizen, "he was sorry I didn't live and Florida and therefore did not understand state laws." I did not appreciate his intonation and he was less than forthcoming in reaching a resolution. I have attached the appropriate documentation detailing a.) my claims that the warranty is valid within the designated window according to the date of delivery, and b.) the coverage detailed by the warranty itself. If necessary, I can also additional provide documentation from my transport company detailing the timeline of delivery and also documentation from my licensed mechanic in Edmonton, AB, Canada, detailing the condition of the rear braking system rendering it unsafe for road conditions. This onerous process has been cumbersome to deal with, but I am still confident that we can reach an amicable resolution to this situation. To resolve the problem, I would appreciate if the dealer Car Collection of Tampa Inc. could provide monetary compensation of $320CAD to cover the cost of repairs (50% of the cost of labor and 50% of the cost of parts) as outlined in the warranty agreement. If we are unable to reach a resolution with the help of the Better Business Bureau, I reserve the right to take legal action with the State of Florida. I thank you sincerely for taking the time to address my concerns and look forward to your reply and resolution to this situation.
I can be reached at
This response was provided verbally to BBB:
This customer lives in Canada and saw the vehicle in question on our website. She called us to inquire about the vehicle. I gave her all of the information and at that time the vehicle was certified pre-owned by BMW. The customer wanted to have the vehicle checked out by a mechanic prior to purchase. We offered to bring it to a local BMW dealership but she decided to take it to another independent shop of her choice. That mechanic checked out the vehicle and gave it the approval for purchase and found no issues. She purchased the vehicle based on their inspection. She had a transport company pick up the vehicle and deliver it to her in Canada, this process took at least a couple of weeks before the vehicle was picked up from our lot and eventually delivered to her. I don't know how long it took before she received the vehicle at in late July, well after 30 days from when she purchased the vehicle, is when she contacted us about issues with the brakes. However, the 30 day warranty period is irrelevant because the brake issue is not something covered under warranty. Also the mechanic of her choice did not find any issues with the brakes at the pre-sale inspection.
In regards to the customer's comment that the buyers guide is misleading because of the listed major defects that may occur; that buyers guide is written and required by the state of Florida and federal law. We have no control over the language in it.
Although we are not responsible for any issues with the brakes at this point, we are willing to review her estimate for repairs to see if there is any goodwill offer that could be made.