Originally Posted by elp_jc
The dealer is to blame either way IMO. Now that you mention the CPO issue, if dealer didn't CPO the car it was because it didn't qualify. Dealers ALWAYS inspect year-old cars to make them CPOs if possible, no? They make more money that way. They should have a paper somewhere saying why they couldn't CPO that car, and they should have disclosed it if it was something that bad IMO. I'm sure an attorney could sub-poena those records. Good luck OP.
Yeah, even newer cars are usually enrolled in the CPO program. Even if it adds a bit of $$$ to the price of the car, it is a very good sales tool (and peace of mind) to have that 6 year/100k warranty. The cost of adding an extended warranty to an '08 M3 these days just went up significantly. It might add $1500 to the price of the car to CPO it, but that same warranty would likely set you back $3k later down the road.
My guess is that they did not CPO the car due to the known body repairs that were apparently done at that very dealership. When I find signs of major body repair on a car that the dealership wants to CPO, I stop the CPO process and the car is either sold "as is" (or with the remainder of factory 4/50 warranty), or the car is sold at auction. Minor repairs are okay, but when doors and fenders have been off, that is major, IMO.
Edit: I see the OP is returning the car; good choice in my opinion. These cars are never the same after an accident, and it sounds like there was structural damage to the shock tower area. These are major repairs, and ones that you do not want on a 1 year old car.