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      08-07-2012, 03:34 PM   #58
Private First Class

Drives: F82 ZCP
Join Date: Apr 2012
Location: Birmingham, MI

iTrader: (0)

Originally Posted by mhabs View Post
Sorry to hear that; would think that because you had brought up the issue (with numerous tell-tale warning signs) and the dealer failed to identify the problem at the time the concerns were raised, don't think it should matter whether there was an overrev in the past or not. Had the issue been properly identified by the dealer, the differential would have not ended up being damaged any further and you would have maybe been liable for having the bolt/bushings replaced. Seems like the burden of proof of "negligence" is actually on the dealer since they gave the "all clear" signal despite your repeated concerns (and there was no evidence of 'abuse' from the time you brought up the noises with the dealer and they had the opportunity to rectify). Very weak excuse in my view.
Absolutely but unfortunately the dealer I was dealing with doesn't really seem to care. The dealer is the biggest BMW dealer in Canada and frankly I'm just another number and there's many more of me. They have been losing business from what I've heard but that may just be gossip. I'm switching to another dealer now. I don't want to name the dealer as they have already acted extremely unprofessional with me and I don't want any more headaches (at least until after I speak with another dealer and have this sorted.

Addition to the story: My car is no longer at the dealer, I towed it out. The dealer now wants me to pay $250 in diagnostic charges which they said they will collect or send me to collections if I don't pay, they also want me to pay half the courtesy car I used during the days they were performing the diagnostic. Kind of ridiculous considering this should have been a warrantied claim and furthermore I'm a client who paid top dollar for his car and referred another client who bought a car aswell. On top of all this when I towed it out the service advisor acted tough and unprofessional, I kind of felt like I was in a Joe Pesci mobster movie for a second (might sound funny now, but it wasn't in the moment). They switched my SA, the original one and the manager were actual very professional, this one wasn't.