Well, this just happened... [Spoiler: Blown Engine]

0_to_60 · 09-03-2014, 12:28 AM

Quote:

Originally Posted by Helmsman

Sounds like lying pricks... Do you know if your mates posted their bearing issues here?

nope they havent, they rarely go on forums

aus · 09-03-2014, 01:58 AM

Quote:

Originally Posted by 0_to_60

not just dealers, private sales too
no offense to anyone. Recently, 2 of my friends both got 2011.5 M3s one from carmax and the other from craigslist, private sale. Both bearings failed after couple months. Carmax had no clue of any bearing problems and the other PSeller said he never tracked nor suped the car but found pictures of his car at willow. Ive met couple guys on the forum that dont admit if they suped their cars in the past, they go back to stock and never a word.. Sad..

Could you PLEASE have them post their cars/pics/info anything on the registry thread so we can add to it?

OP, I know you have bigger issues now, but please let us know if the engine is blown due to the bearings.

.

PandaM3 · 09-03-2014, 02:41 AM

Quote:

Originally Posted by 0_to_60

Quote:

Originally Posted by s85e90

ehh, shady dealers are everywhere, washed titles, etc, etc, etc...

not just dealers, private sales too
no offense to anyone. Recently, 2 of my friends both got 2011.5 M3s one from carmax and the other from craigslist, private sale. Both bearings failed after couple months. Carmax had no clue of any bearing problems and the other PSeller said he never tracked nor suped the car but found pictures of his car at willow. Ive met couple guys on the forum that dont admit if they suped their cars in the past, they go back to stock and never a word.. Sad..

Do you know if your friend bought a carmax warranty? If so... What was the process to get the repair approved?

BPMSport · 09-03-2014, 10:14 AM

Quote:

Originally Posted by s85e90

Quote:

Originally Posted by Mike Benvo

??? I looked up the history as a favor to help him track down its previous life once I saw this thread.

Obviously he purchased the car in good faith and did not expect that it was previously damaged and that it had a branded title.

50K damage is speculation, but for it to get a salvage title in 2010, it definitely had a 20K+ repair bill. He didn't knowingly buy a nightmare car.

OP: glad I could help point you in the right direction... although it's not the best news.. I think you have a good chance of the dealer giving you the money back on this. Surely the value of the car was considerably less than you paid. I can't imagine them trying to snake their way out of this one, especially given the cars prior history and current problems. Good luck and let's hope they do the right thing.

you must live in Fantasy Land.

You must not be familiar with legal processes and remedies. I'm not familiar with the legal system outside the US, but if that happened here it would be a slam dunk, particularly if purchased from a dealership.

We'll agree to disagree.

s85e90 · 09-03-2014, 10:24 AM

Quote:

Originally Posted by Mike Benvo

You must not be familiar with legal processes and remedies.

We'll agree to disagree.

I'm familiar with America. I'm familiar with buying and selling 30+ cars. I am familiar with shady dealers buying Hurricane Sandy cars and how titles to vehicles can be "washed" from state to state to ultimately be clean. I'm familiar with fraud and how it runs rampant and how people shouldn't have to face litigation to do the right thing. I'm familiar with real-life scenarios and how the legal/justice system doesn't always play out. Again, I'm familiar with the reality that is.

Anything else you care to tell me what I'm not familiar with? It's sad but a reality and hence why they say, "Caveat Emptor"...

SenorFunkyPants · 09-03-2014, 11:04 AM

I believe "consumer law" is much stricter in Europe than in the USA. Generally a case like this one would not make it far as court simply because the dealership is guaranteed to lose. So as long as they haven't upped sticks and disappeared the OP should have no trouble getting his money back - IMO he should insist on it now - no waiting around to see what the problem is.

ellekz · 09-04-2014, 05:15 AM

Thank you all for the kind words.

This was the reason I bought the car from a dealership and not from a private seller. I didn't wanna risk anything. The dealership doesn't even seem shady or anything. It's in a nice neighborhood, all cars are indoors and they basically sell only BMWs. They had multiple M3s there, some of them had less than 5,000 miles on them and not even 6 months old. So it didn't really feel like a place where you could get f*cked. Lesson learned I guess. I even negotiated an additional 2 year guarantee. But that all doesn't matter now, because I sure as hell didn't wanna buy a wrecked car.

As to what really happened to the engine - I don't know if I'll ever find out. The dealership received my lawyer's letter yesterday, demanding to nullify the contract and return the money until next Thursday (9/11) and to contact him for further communication.

My guess is they bought the car at an auction from the BMW Bank, not knowing its history and only later found out about the damages and tried to sell it with the "we don't know anything about that"-attitude to not lose the money they invested, hoping nothing will happen to the car once some unknowning idiot (me

) buys it.

Yvette · 09-26-2014, 02:27 AM

did you get the money back?

///M Power-Belgium · 09-26-2014, 04:55 AM

Quote:

Originally Posted by e90sexion

did you get the money back?

+ 1 ! I'm also curious ....

aussiem3 · 09-26-2014, 07:34 AM

I just cannot believe an insurance write-off made it across the Atlantic. This smells a rat big time. I really feel this OP.

A long time ago I rolled a LR Disco when the trailer jack-knifed. It was written off with just 250 km on the clock. Five months later some bloke turned up at my front door asking for the original books. I am sure he was trying to sell it off to an unsuspecting buyer. The only thing he got from me was an earful. Someone within the insurance company had given our details including our home address. There you go.

ellekz · 09-26-2014, 11:19 AM

Thank you guys for your ongoing interest in this matter

The situation is as follows:

* I already spent 3000 EUR (~$4000) in attorney costs, just so that both parties' lawyers write each other stupid/threatening letters.

* Dealer was given a last deadline of 9/30 to give me my money back OR fix the car (not because I want the car repaired but because under warranty law if the car isn't fixed until a set deadline, you have the right to get your money back, i.e. he's still gonna get sued)

* Dealer's attorney says the car will probably be fixed by then with a "replaced engine" (whatever that means)

* My lawyer wants to file a lawsuit after 9/30, which is gonna cost me another 5000 EUR (~$6500) and approx. double that if I lose. The county's current waiting period for new trials is about 4-5 months.

* If the dealer fixes the car, he's still gonna be sued but in the meantime it's still my car and since it's under warranty I have the right to have it fixed, even if I want the contract rescinded.

* My lawyer isn't convinced the Carfax history is enough for a judge in a court of law and asked me to get real proof

* BMW Deutschland is being a dick, they don't want to give me any information because of "privacy laws" (I fucking hate the EU for this shit). When my lawyer asked them for the info, they said they only have info on cars within Germany, not the US and we should contact BMW HQ in Munich and see if they can contact BMW of North America for this info. Still waiting on this matter. I'm guessing they won't give out any info.

* A month ago I already contacted Weatherford BMW in Berkeley/CA for any kind of information on this matter. They didn't even bother to respond.

* I also did some further research and found out it's possible to make a request to the DMV (California) about a vehicle's history. They should know about the accident or at least the salvage title. If you attach a check for $20 they'll make photocopies of the files and mail them to you. Unfortunately the form for that ("INF 70") requires me to live in the US and provide a "DL/ID Number"... great :-/

So for now I'm kinda stuck. Need better proof for the trial, which isn't so easy to get since all of the proof is in the US and I'm in Europe.

Yvette · 09-26-2014, 02:36 PM

You would have to deal with the store manager maybe?
you both parties don't want to pay deep pocket to both party lawyers.
There must be a way to resolve this without paying extra $$$.
It must be feeling shit for you. I hope it will be resolved in a good manner!

///M Power-Belgium · 09-26-2014, 07:21 PM

Quote:

Originally Posted by ellekz

Thank you guys for your ongoing interest in this matter

The situation is as follows:

* I already spent 3000 EUR (~$4000) in attorney costs, just so that both parties' lawyers write each other stupid/threatening letters.

* Dealer was given a last deadline of 9/30 to give me my money back OR fix the car (not because I want the car repaired but because under warranty law if the car isn't fixed until a set deadline, you have the right to get your money back, i.e. he's still gonna get sued)

* Dealer's attorney says the car will probably be fixed by then with a "replaced engine" (whatever that means)

* My lawyer wants to file a lawsuit after 9/30, which is gonna cost me another 5000 EUR (~$6500) and approx. double that if I lose. The county's current waiting period for new trials is about 4-5 months.

* If the dealer fixes the car, he's still gonna be sued but in the meantime it's still my car and since it's under warranty I have the right to have it fixed, even if I want the contract rescinded.

* My lawyer isn't convinced the Carfax history is enough for a judge in a court of law and asked me to get real proof

* BMW Deutschland is being a dick, they don't want to give me any information because of "privacy laws" (I fucking hate the EU for this shit). When my lawyer asked them for the info, they said they only have info on cars within Germany, not the US and we should contact BMW HQ in Munich and see if they can contact BMW of North America for this info. Still waiting on this matter. I'm guessing they won't give out any info.

* A month ago I already contacted Weatherford BMW in Berkeley/CA for any kind of information on this matter. They didn't even bother to respond.

* I also did some further research and found out it's possible to make a request to the DMV (California) about a vehicle's history. They should know about the accident or at least the salvage title. If you attach a check for $20 they'll make photocopies of the files and mail them to you. Unfortunately the form for that ("INF 70") requires me to live in the US and provide a "DL/ID Number"... great :-/

So for now I'm kinda stuck. Need better proof for the trial, which isn't so easy to get since all of the proof is in the US and I'm in Europe.

Feel realy sorry about your f@cking situation and feel your pain , to be honest I would getting out of my mind !
What makes me most worried is that your car was in the Netherlands , I posted a pic of the location , personal I think that your car was totaled in the US and the guys in the Netherlands imported the wreck... and put it back on the street and market with their bad reputation,it's no surprise !
Do you know what was wrong with the engine ?

ellekz · 09-26-2014, 07:54 PM

Quote:

Originally Posted by ///M Power-Belgium

Do you know what was wrong with the engine ?

No, I haven't had any contact with the dealership. Our lawyers talk to each other. But if the dealership really fixes the car until 9/30 (next Tuesday), they'll hopefully tell me. I'll post an update if/when I know.

aus · 09-26-2014, 07:59 PM

Good luck.
If you really need info on the car from the Cali DMV, I can try to help.

.

///M Power-Belgium · 09-26-2014, 08:20 PM

Quote:

Originally Posted by ellekz

No, I haven't had any contact with the dealership. Our lawyers talk to each other. But if the dealership really fixes the car until 9/30 (next Tuesday), they'll hopefully tell me. I'll post an update if/when I know.

I wish you only the best of luck !

socalm3lover · 09-26-2014, 09:44 PM

Quote:

Originally Posted by ///M Power-Belgium

Look my friend...you know by now i'm always honest !

It's just logic when I see prices like this(Eas prices) compared to the Euro prices (in my case Belgium) that we only can dream about a price like the US price !
So personal i'm thinking that the US prices are - 50/60 % compared to over here !
That's why I was saying and often..."God Bless America !"
The reason why is... that we changed from the Belgian currency to the Euro coin ,it seems that everything is made from gold , so the last decade prices of some products are raised by 200/300 % !
The only thing so far as I know that is cheaper for the moment are pears, because the harvest was huge, and so we have to much of them and Poetin don't want the pears by the boycott !

Just saying about our situation over here...

So again....realy damn this country !

During our May '13 ED we stopped at a Munich dealer for a couple of quarts of oil. The bill was 50 euros, $70+ US!! That included a nearly 20% VAT.

///M Power-Belgium · 09-27-2014, 11:12 AM

Quote:

Originally Posted by socalm3lover

During our May '13 ED we stopped at a Munich dealer for a couple of quarts of oil. The bill was 50 euros, $70+ US!! That included a nearly 20% VAT.

Indeed, and normal over here ! I just know everything about the Euro thieves ....

My last oil change was 558 Euro's that's => $707 USD ! <=

rokkuchan · 09-27-2014, 11:41 AM

This is crazy. Sorry for your loss.

In that report it does also say mileage is unknown and is tampered with. So it may have been a very high mileage engine and never serviced properly for it to blow.

douglee25 · 09-29-2014, 02:22 PM

Well 9/30 is tomorrow. Any updates on what is to come?

Doug

///M Power-Belgium · 09-29-2014, 02:43 PM

Quote:

Originally Posted by douglee25

Well 9/30 is tomorrow. Any updates on what is to come?

Doug

No worries the man will post .

ellekz · 09-30-2014, 05:56 AM

It's the 30th today. My lawyer received a funny fax from the other's party lawyer this morning.
It basically says "We're happy to tell you the repairs have successfully been done. You can pick up the car from the dealership on October 7. See ya."
Uhhh... what? They're jerking me around now. My lawyer said to just go pick up the car on the 7th and not say or sign anything and then we'll just f*ck them up in court (or something to that effect

).
Oh and he also said I can use the car then until all is settled in court. For every 1,000km I use the car (~1,600 miles), the dealer has the right to pay me back 125 EUR less (~$160). So at least I'll have a car for the next 5 months (hopefully).

09-03-2014, 11:04 AM	#72
SenorFunkyPants Brigadier General 2511 Rep 4,381 Posts Drives: 2019 M5 Join Date: Mar 2009 Location: UK iTrader: (0)	I believe "consumer law" is much stricter in Europe than in the USA. Generally a case like this one would not make it far as court simply because the dealership is guaranteed to lose. So as long as they haven't upped sticks and disappeared the OP should have no trouble getting his money back - IMO he should insist on it now - no waiting around to see what the problem is.
	Appreciate 0 Quote

09-04-2014, 05:15 AM	#73
ellekz Private First Class 63 Rep 146 Posts Drives: F22 M235i Join Date: Jan 2012 Location: GTA iTrader: (0)	Thank you all for the kind words. This was the reason I bought the car from a dealership and not from a private seller. I didn't wanna risk anything. The dealership doesn't even seem shady or anything. It's in a nice neighborhood, all cars are indoors and they basically sell only BMWs. They had multiple M3s there, some of them had less than 5,000 miles on them and not even 6 months old. So it didn't really feel like a place where you could get f*cked. Lesson learned I guess. I even negotiated an additional 2 year guarantee. But that all doesn't matter now, because I sure as hell didn't wanna buy a wrecked car. As to what really happened to the engine - I don't know if I'll ever find out. The dealership received my lawyer's letter yesterday, demanding to nullify the contract and return the money until next Thursday (9/11) and to contact him for further communication. My guess is they bought the car at an auction from the BMW Bank, not knowing its history and only later found out about the damages and tried to sell it with the "we don't know anything about that"-attitude to not lose the money they invested, hoping nothing will happen to the car once some unknowning idiot (me ) buys it.
	Appreciate 0 Quote

09-26-2014, 02:27 AM	#74
Yvette Major General 761 Rep 7,408 Posts Drives: M Join Date: Sep 2006 Location: Vancouver iTrader: (19)	did you get the money back?
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09-26-2014, 07:34 AM	#76
aussiem3 Colonel 274 Rep 2,665 Posts Drives: Goggomobil Join Date: Jul 2007 Location: Kangaroo land iTrader: (1) Garage List 2017 BMW X6/// F86 [0.00]	I just cannot believe an insurance write-off made it across the Atlantic. This smells a rat big time. I really feel this OP. A long time ago I rolled a LR Disco when the trailer jack-knifed. It was written off with just 250 km on the clock. Five months later some bloke turned up at my front door asking for the original books. I am sure he was trying to sell it off to an unsuspecting buyer. The only thing he got from me was an earful. Someone within the insurance company had given our details including our home address. There you go. __________________ F86 X6///
	Appreciate 0 Quote

09-26-2014, 11:19 AM	#77
ellekz Private First Class 63 Rep 146 Posts Drives: F22 M235i Join Date: Jan 2012 Location: GTA iTrader: (0)	Thank you guys for your ongoing interest in this matter The situation is as follows: * I already spent 3000 EUR (~$4000) in attorney costs, just so that both parties' lawyers write each other stupid/threatening letters. * Dealer was given a last deadline of 9/30 to give me my money back OR fix the car (not because I want the car repaired but because under warranty law if the car isn't fixed until a set deadline, you have the right to get your money back, i.e. he's still gonna get sued) * Dealer's attorney says the car will probably be fixed by then with a "replaced engine" (whatever that means) * My lawyer wants to file a lawsuit after 9/30, which is gonna cost me another 5000 EUR (~$6500) and approx. double that if I lose. The county's current waiting period for new trials is about 4-5 months. * If the dealer fixes the car, he's still gonna be sued but in the meantime it's still my car and since it's under warranty I have the right to have it fixed, even if I want the contract rescinded. * My lawyer isn't convinced the Carfax history is enough for a judge in a court of law and asked me to get real proof * BMW Deutschland is being a dick, they don't want to give me any information because of "privacy laws" (I fucking hate the EU for this shit). When my lawyer asked them for the info, they said they only have info on cars within Germany, not the US and we should contact BMW HQ in Munich and see if they can contact BMW of North America for this info. Still waiting on this matter. I'm guessing they won't give out any info. * A month ago I already contacted Weatherford BMW in Berkeley/CA for any kind of information on this matter. They didn't even bother to respond. * I also did some further research and found out it's possible to make a request to the DMV (California) about a vehicle's history. They should know about the accident or at least the salvage title. If you attach a check for $20 they'll make photocopies of the files and mail them to you. Unfortunately the form for that ("INF 70") requires me to live in the US and provide a "DL/ID Number"... great :-/ So for now I'm kinda stuck. Need better proof for the trial, which isn't so easy to get since all of the proof is in the US and I'm in Europe.
	Appreciate 0 Quote

09-26-2014, 02:36 PM	#78
Yvette Major General 761 Rep 7,408 Posts Drives: M Join Date: Sep 2006 Location: Vancouver iTrader: (19)	You would have to deal with the store manager maybe? you both parties don't want to pay deep pocket to both party lawyers. There must be a way to resolve this without paying extra $$$. It must be feeling shit for you. I hope it will be resolved in a good manner!
	Appreciate 0 Quote

09-26-2014, 07:59 PM	#81
aus Major General 894 Rep 9,034 Posts Drives: Odysse Join Date: Jul 2005 Location: Seal Beach, CA iTrader: (10)	Good luck. If you really need info on the car from the Cali DMV, I can try to help. . __________________ Let me get this straight... You are swapping out parts designed by some of the top engineers in the world because some guys sponsored by a company told you it's "better??" But when you ask the same guy about tracking, "oh no, I have a kid now" or "I just detailed my car." or "i just got new tires."
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09-27-2014, 11:41 AM	#85
rokkuchan Private First Class 26 Rep 133 Posts Drives: E92 m3 Join Date: Jul 2014 Location: Nowhere iTrader: (0)	This is crazy. Sorry for your loss. In that report it does also say mileage is unknown and is tampered with. So it may have been a very high mileage engine and never serviced properly for it to blow.
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09-29-2014, 02:22 PM	#86
douglee25 First Lieutenant 92 Rep 383 Posts Drives: E36 M3 Join Date: Aug 2014 Location: Phila iTrader: (0)	Well 9/30 is tomorrow. Any updates on what is to come? Doug
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09-30-2014, 05:56 AM	#88
ellekz Private First Class 63 Rep 146 Posts Drives: F22 M235i Join Date: Jan 2012 Location: GTA iTrader: (0)	It's the 30th today. My lawyer received a funny fax from the other's party lawyer this morning. It basically says "We're happy to tell you the repairs have successfully been done. You can pick up the car from the dealership on October 7. See ya." Uhhh... what? They're jerking me around now. My lawyer said to just go pick up the car on the 7th and not say or sign anything and then we'll just f*ck them up in court (or something to that effect ). Oh and he also said I can use the car then until all is settled in court. For every 1,000km I use the car (~1,600 miles), the dealer has the right to pay me back 125 EUR less (~$160). So at least I'll have a car for the next 5 months (hopefully).
	Appreciate 0 Quote