Houston dealership sold me a NEW repainted car with no disclosure!!! HELP!!

[Tora]

Here's the story:
Friday we drive down to Houston to close the deal on an new '12 328i Msport e92. Dealer had good specials since it was one of 2 remaining '12, and this one had only 20 miles on the ODO, and it was sold as NEW. We take delivery, arrive late back in Austin and enjoy the weekend. Fast forward to today when I decide to wash the car and detail it. Turns out as I am drying the car on the back bumper, I feel the microfiber cloth stop dead in its tracks. Upon further inspection, I can feel the bumper very rough, like if it was a frozen paint job. I get on all fours and see that the bumper has been repainted and there is a lot of over spray on the quarter panels!!! I look at the other side of the bumper (drivers), and the same story. You can tell where they just stopped sanding and try to mix the white, but it looks like they applied alpine white to a mineral white bumper!! By this point I am !!! I call my local SA and take the car to my local dealership. Sure enough, they point out that the car had been hit in the center of the bumper, and that the blending of paint was done on the sides as well as the sanding. He also points out overspray on the other back quarter panel, and how the whole paint area is filled with what can be described as dust stuck on the bumper and painted over (like if the paint area was out in the open and not in a controlled environment). Needless to say, he is also in shock that they did such a crappy job and even worse, that it was sold as NEW and this incident (car being involved in an accident) was never disclosed and neither the repainting. I am attaching crappy phone pictures, but here is where I need your help:
1) SA recommends to ask for a minimum of a NEW bumper, take it to the shop of my choosing for painting, and a complete detail on the car for the overspray (all at their expense of course).
2) Can I cancel the sale? I have huge trust issues arising out of the fact that this accident was never disclosed.
3) I have already contacted the Sales rep in Houston. He said that he was not aware of any repainting on the car, and that he was going to check with this manager. That was like 3 hours ago and I have yet to hear from him. EDIT: As I am writing this, he contacted me and said that the car in fact had "2 small scratches" that they couldn't buff out so they had to paint it. - Repaint a whole bumper for 2 scratches??? hmmmmmm I asked for #1 above, and he said he would get back to me.
4) Should I escalate this with BMWNA?? I know that BMWCCA can help with dealer issues..

Thanks guys for any input, I am so disappointed...

EDIT: Here is the video and sorry for my lack of skills. I was trying to show how the clear coat is ok at the top, so-so middle quarter panel (overspray) and non-existent at the bottom bumper. Also posted the link at page #3. Thanks for you input!
Link:

[passing]

while disappointing to say the least, i would not cancel the sale.

dont put yourself through the trouble because you'll probably get nowhere. a proper respray and detail is more than fair.

[THE TECH]

It happens all the time actually. When the cars come into port they sometimes have damage that gets repaired.

[Tora]

Originally Posted by passing

while disappointing to say the least, i would not cancel the sale.

dont put yourself through the trouble because you'll probably get nowhere. a proper respray and detail is more than fair.

I imagine the cancellation process must be a PITA, and I would prefer to avoid it. It's just that if I'm buying a new car, I expect a new car (factory paint, bumper, etc). If it was repainted due to parking accident, well let ME be the judge of that and do the right thing and disclose it - not finding out like I did.

I'll update as soon as I get a response.

[peeti]

If that was a new car, then it could have been done at port. Every importer has a shop there where if scratches, dings, dents etc happen - they fix on the spot before they ship the car to the dealer. Maybe it was done on Friday at 4:45PM at the port shop.

[AddictedToBavarian]

Is the overspray on the quarter panels bad? That's a crappy situation, but like mentioned above things get scuffed/scratched in transport and they have to repair it before they sell it. A new bumper isn't necessary, but I would ask to have the bumper repainted at my choice of shop.

[pseto]

Unless TX has a different definition of what defines a 'new' car, I think a re-paint and detail is all you would get (and big apology). A 'new' car implies that the car was never the property of someone else, not that the car is in absolute pristine condition when sold to you.

I've seen many cars at the ports damaged. All of them will be fixed and sold as new cars.

[Tora]

Originally Posted by peeti

If that was a new car, then it could have been done at port. Every importer has a shop there where if scratches, dings, dents etc happen - they fix on the spot before they ship the car to the dealer. Maybe it was done on Friday at 4:45PM at the port shop.

hahaha yeah, friday 4:45 pm before a long holiday!
Thing is if it was done at port, would the dealer know? In this case, the dealer has accepted that it knew beforehand and repaired the 2 "scratches".

Thanks for your input guys!

[Purple Derple]

I think the car is allowed to be repaired from damaged up to 5% of its value in transit and have up to 7500 miles and still be considered new. And whoever decides the 'value' is probably the dealer. But yes, this is quite common, you'd just expect them to do a better repair.

[M3AG]

2) Can I cancel the sale?
well, depends on your contract. Before ordering my M3 I tried C63 and Benz sales rep. told me if the car arrives with damage, higher KM (mentioned on the invoice) or later than 90 days you may cancel the sale agreement. Also an itemized list of damages will be supplied, if I decided to keep the car.

Have you checked (under the bumper) for any other damages?

[Tora]

Originally Posted by pseto

Unless TX has a different definition of what defines a 'new' car, I think a re-paint and detail is all you would get (and big apology). A 'new' car implies that the car was never the property of someone else, not that the car is in absolute pristine condition when sold to you.

I've seen many cars at the ports damaged. All of them will be fixed and sold as new cars.

Thanks Paul! Yes, all I want is to get it done right and enjoy the new car, not feeling bummed out..

Thanks for your input!

[Tora]

Originally Posted by M3AG

2) Can I cancel the sale?
well, depends on your contract. Before ordering my M3 I tried C63 and Benz sales rep. told me if the car arrives with damage, higher KM (mentioned on the invoice) or later than 90 days you may cancel the sale agreement. Also an itemized list of damages will be supplied, if I decided to keep the car.

Have you checked (under the bumper) for any other damages?

I looked under but it is all sealed. The local dealership SA said that he could tell that no body damage was done, and that it was just a quick horrible respray. But it was never put on a lift... Should I take it back and have them take out the bumper?

Thanks!

[m3an]

Unfortunately this happens a lot more than you think and the dealer doesn't have to disclose the damage as long as it's under a certain threshold amount. Two words here:

Caveat Emptor

[Tora]

Originally Posted by m3an

Unfortunately this happens a lot more than you think and the dealer doesn't have to disclose the damage as long as it's under a certain threshold amount. Two words here:

Caveat Emptor

Yup.. but the thought of a PPI on a new car defies my logic..

Still no word from Houston..

[Vic311]

From a cosmetic standpoint its no big deal to have it properly re-sprayed..what I would be more concerned about is if the car was in some sort of collision

[Tora]

Originally Posted by Vic311

From a cosmetic standpoint its no big deal to have it properly re-sprayed..what I would be more concerned about is if the car was in some sort of collision

Yes.. and them accepting that they knew about it and NOT disclosing it just aggravates my trust. If it was done right I would have never known..

[SROC5]

IMO, I'd try and return the car if it's not your only car OR ask for the repaint of the bumper + A LOT of extras to satisfy your trust issues.

There's certainly a level of mental anxiety and anguish they have to compensate you for beyond just the actual bumper being repainted.

If they satisfy your demands, great. If not, stick it to them on the customer experience survey and asked to be contacted by both the dealer and BMW NA at the end. That will get you an instant phone call from BMW NA and the top management at the dealership.

If the immediate Sales Rep is not getting you results, escalate to the GM of the dealership. Something similar happened to me in the past (not as serious as repaint), I gave the Sales Rep one chance to make it right, once I didn't get the results I wanted, I filled out the survey and escalated it to the GM - I got everything I wanted despite the Sales Rep saying "I checked with my manager and I can't do X Y or Z".

From what I've seen and experienced, BMW NA takes the post purchase experience pretty seriously and so do the dealerships. BMW NA is after your repeat purchase vs. just a one-off and will ding dealerships for bad behavior.

[Vic311]

Originally Posted by Tora

Yes.. and them accepting that they knew about it and NOT disclosing it just aggravates my trust. If it was done right I would have never known..

Thats exactly it, A "good" body shop would not have cut corners like that..I feel your rage I would be very upset as well.

[Tora]

Originally Posted by SROC5

From what I've seen and experienced, BMW NA takes the post purchase experience pretty seriously and so do the dealerships. BMW NA is after your repeat purchase vs. just a one-off and will ding dealerships for bad behavior.

Thanks for the input! This is the 4th BMW (325, 335, M3 and now the 328) purchased and really shocked that this happened, and the total lack of QC on the paint job!!

Another thing that's on the back of my head now, seeing as how this is a "common" thing, I wonder if my e92 M3 also had an "issue" that I wasn't disclosed... Anxiety attack bring it!

[SROC5]

Originally Posted by Tora

Thanks for the input! This is the 4th BMW (325, 335, M3 and now the 328) purchased and really shocked that this happened, and the total lack of QC on the paint job!!

Another thing that's on the back of my head now, seeing as how this is a "common" thing, I wonder if my e92 M3 also had an "issue" that I wasn't disclosed... Anxiety attack bring it!

The M3 was probably fine since I'm sure you were even more anal about detailing and looking all over the place while tinkering. So rest easy.

Since you have so many BMWs (and if it was over a relative short period of time), BMW NA should really treat you well and get this resolved to your satisfaction.

[Goat Rodeo]

I wouldn't pay a new car price for a car that had been in an accident.

I would not accept the car nor continue the sale.

If I order a new car I want a new car. Especially since I keep my new cars in new condition; this would be completely unacceptable.

Resale is also impacted by any bodywork/paintwork and more and more buyers are showing up with paint meters.

[Tora]

Originally Posted by Goat Rodeo

I wouldn't pay a new car price for a car that had been in an accident.

I would not accept the car nor continue the sale.

If I order a new car I want a new car. Especially since I keep my new cars in new condition; this would be completely unacceptable.

Resale is also impacted by any bodywork/paintwork and more and more buyers are showing up with paint meters.

Had not contemplated that! So true!!

I mean c'mon!! It's not like I'm buying a cheap used car at a lot in the shady part of town...

Still no response........