BMW M3 Forum (E90 E92)

BMW Garage BMW Meets Register Search Today's Posts Mark Forums Read


Go Back   M3Post - BMW M3 Forum > M3 (E90 / E92 / E93) > Regional Forums > USA - Mid-Atlantic
 
BPM Sport
Post Reply
 
Thread Tools Search this Thread
      11-17-2011, 04:44 PM   #1
Antilag
Private First Class
 
Antilag's Avatar
 
Drives: 2008 M3
Join Date: Jun 2011
Location: Maryland

Posts: 173
iTrader: (0)

Virginia State law question regarding Auto Fraud

Does anyone know, own, or have family that works for a Dealership in the state of Virginia? I have a serious matter at hand regarding my M3 and the dealer I purchased it from, and need to ask a few questions to someone who is familiar with the laws in Virgina regarding Auto Sales Fraud. If anyone can help out, please let me know .

-Dustin
Antilag is offline  
0
Reply With Quote
      11-18-2011, 04:50 PM   #2
Antilag
Private First Class
 
Antilag's Avatar
 
Drives: 2008 M3
Join Date: Jun 2011
Location: Maryland

Posts: 173
iTrader: (0)

Anyone? Also, does anyone know of a good attorney in the Virginia area that has dealt with consumer fraud?
Antilag is offline  
0
Reply With Quote
      11-18-2011, 06:07 PM   #3
SPEED & TECH MOTORING
Private First Class
 
Drives: e92 aw/fr M-THREE
Join Date: Apr 2011
Location: Washington DC Metro

Posts: 118
iTrader: (0)

what kind of issue are we dealing here with?
I might be able to help.
SPEED & TECH MOTORING is offline   United_States
0
Reply With Quote
      11-18-2011, 07:24 PM   #4
Antilag
Private First Class
 
Antilag's Avatar
 
Drives: 2008 M3
Join Date: Jun 2011
Location: Maryland

Posts: 173
iTrader: (0)

Quote:
Originally Posted by SPEED & TECH MOTORING View Post
what kind of issue are we dealing here with?
I might be able to help.
I purchased my M3 from a Dealership in Virginia..well known dealer, not a "fly by night" type of dealer. Used, was presented what I thought to be a clean Carfax report. Promised by the seller that the car was in pristine shape, ran well..which it did. Well I've owned the car for a couple months now and yesterday while changing my oil I noticed there was a little spot of the rear bumper that looked like it had been repainted. So, I decided to run my own carfax report...mind you I bought the car on June 6th, 2011..

The carfax showed on October 7th, 2010 the car was involved in a front and rear end collision, airbags were deployed and the vehicle was towed from the scene. I contacted my Insurance company to run the VIN through the claims database and they found out that the accident caused over $17,000 in damages.

I am livid to say the least, this was not disclosed to me at the time of purchase and had to of been on the Carfax report. I'm pretty certain the dealer had to of faked the Carfax report. Regardless, nothing was signed stating the car had damage and furthermore the vehicle was sold to me for Fair Market Value when it clearly was not worth Fair Market Value due to having that amount of damage. I am going after the dealership for Auto Sales Fraud.

-Dustin
Antilag is offline  
0
Reply With Quote
      11-18-2011, 08:01 PM   #5
MDyDinanM
OIF Veteran
 
MDyDinanM's Avatar
 
Drives: ///M
Join Date: Oct 2009
Location: East Coast

Posts: 2,087
iTrader: (0)

Garage List
2008 BMW M5  [3.44]
Name of dealer?

If you don't want to let others know, then you can PM me
__________________
Retired: '06 BMW E46 ///M3
Current: '08 BMW E60 DINAN ///M5, Interlagos Blue, SMG
DINAN Stage 2 Suspension, Exhaust, Stage III Software, Front strut braces,
Intakes, 13% Underdrive pulley, 3.91 Differential, RPI Scoops.
MDyDinanM is offline   United_States
0
Reply With Quote
      11-20-2011, 12:10 PM   #6
SR71M3
Black Bird
 
SR71M3's Avatar
 
Drives: E92 M3
Join Date: Oct 2008
Location: D.C.

Posts: 88
iTrader: (0)

Quote:
Originally Posted by mdyaman View Post
Name of dealer?

If you don't want to let others know, then you can PM me
+1
SR71M3 is offline  
0
Reply With Quote
      11-20-2011, 01:35 PM   #7
MDyDinanM
OIF Veteran
 
MDyDinanM's Avatar
 
Drives: ///M
Join Date: Oct 2009
Location: East Coast

Posts: 2,087
iTrader: (0)

Garage List
2008 BMW M5  [3.44]
Quote:
Originally Posted by SR71M3 View Post
+1
apparently the OP posted this in the M3 general forum and stated that it was a local VW Dealership that had sold him the M3.
__________________
Retired: '06 BMW E46 ///M3
Current: '08 BMW E60 DINAN ///M5, Interlagos Blue, SMG
DINAN Stage 2 Suspension, Exhaust, Stage III Software, Front strut braces,
Intakes, 13% Underdrive pulley, 3.91 Differential, RPI Scoops.
MDyDinanM is offline   United_States
0
Reply With Quote
      11-20-2011, 01:53 PM   #8
Antilag
Private First Class
 
Antilag's Avatar
 
Drives: 2008 M3
Join Date: Jun 2011
Location: Maryland

Posts: 173
iTrader: (0)

Quote:
Originally Posted by mdyaman View Post
apparently the OP posted this in the M3 general forum and stated that it was a local VW Dealership that had sold him the M3.
Yes, I did. Not quite sure I should post that information if it is going to go into a legal matter though. I am new to all of this, and have never had to deal with a legal matter ever.

-Dustin
Antilag is offline  
0
Reply With Quote
      11-28-2011, 09:18 PM   #9
Snipe4real
Private
 
Snipe4real's Avatar
 
Drives: 2011 BMW M3 (e93)
Join Date: Jan 2011
Location: VA

Posts: 88
iTrader: (0)

Can you get a copy of the Carfax they provided you?
I would spend a little money on an attorney and try your case bro, this is no laughing matter and you should take it serious. Also did the insurance company give you any advice?
My friend had this happen to him but he bought it as-is so it was complicated but he didn't make any effort to get his money back, I wouldn't wait a day on this.
Snipe4real is offline   United_States
0
Reply With Quote
      11-29-2011, 07:56 AM   #10
DarkstarZero
Major
 
DarkstarZero's Avatar
 
Drives: e39 M5, e36 M3, e92 M3, Z4M
Join Date: Nov 2007
Location: Washington DC

Posts: 1,190
iTrader: (4)

Send a message via AIM to DarkstarZero
legalmatch.com - It's worked for me in the past. Just post a summary of your issue and lawyers will respond if they think they can help and list their rates. You can also view each lawyers reviews, if they have any. But almost every lawyer will give you a free hour of consultation listing your options and what they can do. I suggest talking to a few different lawyers to find the best one before agreeing to secure them as your lawyer in this case.

Also, this is why I pay for legal insurance. It's a nice piece of mind to know you have a free team of lawyers in your pocket whenever you need them. Good luck.
__________________
DarkstarZero is offline   United_States
0
Reply With Quote
      12-01-2011, 12:47 AM   #11
Antilag
Private First Class
 
Antilag's Avatar
 
Drives: 2008 M3
Join Date: Jun 2011
Location: Maryland

Posts: 173
iTrader: (0)

Quote:
Originally Posted by DarkstarZero View Post
legalmatch.com - It's worked for me in the past. Just post a summary of your issue and lawyers will respond if they think they can help and list their rates. You can also view each lawyers reviews, if they have any. But almost every lawyer will give you a free hour of consultation listing your options and what they can do. I suggest talking to a few different lawyers to find the best one before agreeing to secure them as your lawyer in this case.

Also, this is why I pay for legal insurance. It's a nice piece of mind to know you have a free team of lawyers in your pocket whenever you need them. Good luck.
Posted to Legalmatch yesterday, thanks for the info . I am a little irritated, as Carfax has finally gotten back to me after investigating when exactly the information first posted to the Carfax report. The vehicle was purchased on 6/2/2011, and according to Carfax it first posted to the report on 6/20/2011..almost a full year after the accident, and 18 days after I made the purchase. I'm really not sure if I can even take this anywhere now as I am sure the dealer will deny the fact they knew about the accident even if they did since it posted 18 days after the purchase.
Antilag is offline  
0
Reply With Quote
      12-01-2011, 10:43 AM   #12
exVtekGuy
Enlisted Member
 
Drives: none yet
Join Date: Aug 2011
Location: Virginia

Posts: 36
iTrader: (0)

IMO, I don't think it'll be worth it to pursue legal action. It'll cost a lot more than what it's worth I would think not to mention the stress. Did you try talking to the dealer about them buying back the car for what it would be worth now if it didn't have the accident? THey will probably not give you what you paid them but you might be able to get more than if you were to sell it to carmax or whatever. If that doesn't work, I'd just sell it to carmax and take the loss. But that's just me. I hope it'll work out for you. I've had similar experience where carfax showed clean before buying a car, but after years, it showed accident. The stupid thing was, I had the car inspected at a dealer(acura) and they didn't even find it.
exVtekGuy is offline  
0
Reply With Quote
      12-02-2011, 06:49 AM   #13
MDyDinanM
OIF Veteran
 
MDyDinanM's Avatar
 
Drives: ///M
Join Date: Oct 2009
Location: East Coast

Posts: 2,087
iTrader: (0)

Garage List
2008 BMW M5  [3.44]
OP,

You would have to prove that the dealership knew about the damage, willingly didn't disclose it to you, when you bought it.

That would be a hard thing to prove. You'd have to find a witness or some sort of vehicle inspection documentation that shows they found damage when they processes the vehicle.
__________________
Retired: '06 BMW E46 ///M3
Current: '08 BMW E60 DINAN ///M5, Interlagos Blue, SMG
DINAN Stage 2 Suspension, Exhaust, Stage III Software, Front strut braces,
Intakes, 13% Underdrive pulley, 3.91 Differential, RPI Scoops.
MDyDinanM is offline   United_States
0
Reply With Quote
      12-03-2011, 11:41 AM   #14
cotmfk
Brigadier General
 
cotmfk's Avatar
 
Drives: 2007 335i
Join Date: Mar 2009
Location: DC, MD, VA

Posts: 3,461
iTrader: (11)

OP, that is a tough situation. This is a great example of why Carfax is worthless! There are always delays in the system. In addition, the accident has to be reported to the insurance to get to Carfax, and that doesn't always happen. Of 5 used cars I bought that I got the Carfax for, all 5 had "clean Carfax." 4 of those had accident damage (I knew of the damage before purchase... It's generally easy to tell if there's been any paint work.).

IMO, if you still have warranty on the car, I would keep driving until it's almost expired. At that time, you should have a better idea of if the car will be reliable for you. There's no need to take a huge hit on selling it months after purchase. Good luck!!
__________________
cotmfk is offline  
0
Reply With Quote
      12-13-2011, 01:14 PM   #15
Michaeljh2000
Second Lieutenant
 
Michaeljh2000's Avatar
 
Drives: 2009 M3, 69 Vette, GSXR 1000
Join Date: Dec 2007
Location: NoVA

Posts: 211
iTrader: (0)

There are attorneys who specialize in auto sales fraud. I had similar issue about 5 years ago in VA. I found a guy who gave me a consultation for $60 and answered all my questions. Well worth it.
Michaeljh2000 is offline   United_States
0
Reply With Quote
      12-14-2011, 10:31 AM   #16
ase2dais
//Mdicted
 
ase2dais's Avatar
 
Drives: a Cop Magnet
Join Date: Sep 2005
Location: 495 Ring

Posts: 9,874
iTrader: (17)

Garage List
you may also want to check the State of Va Consumer Protection/Affairs Office under the State Attorney Site see what they have for you at:
http://www.oag.state.va.us/Consumer%...ion/index.html

Good Luck
ase2dais is offline   United_States
0
Reply With Quote
      12-21-2011, 04:20 PM   #17
Antilag
Private First Class
 
Antilag's Avatar
 
Drives: 2008 M3
Join Date: Jun 2011
Location: Maryland

Posts: 173
iTrader: (0)

Quote:
Originally Posted by Michaeljh2000 View Post
There are attorneys who specialize in auto sales fraud. I had similar issue about 5 years ago in VA. I found a guy who gave me a consultation for $60 and answered all my questions. Well worth it.
I recently got an Attorney involved. Everything is underway, and I will keep you guys informed on how it ends up. He seems to be fairly confident in what we have.
Antilag is offline  
0
Reply With Quote
      12-21-2011, 04:25 PM   #18
MDyDinanM
OIF Veteran
 
MDyDinanM's Avatar
 
Drives: ///M
Join Date: Oct 2009
Location: East Coast

Posts: 2,087
iTrader: (0)

Garage List
2008 BMW M5  [3.44]
Quote:
Originally Posted by Antilag View Post
I recently got an Attorney involved. Everything is underway, and I will keep you guys informed on how it ends up. He seems to be fairly confident in what we have.
kudos

keep us updated
__________________
Retired: '06 BMW E46 ///M3
Current: '08 BMW E60 DINAN ///M5, Interlagos Blue, SMG
DINAN Stage 2 Suspension, Exhaust, Stage III Software, Front strut braces,
Intakes, 13% Underdrive pulley, 3.91 Differential, RPI Scoops.
MDyDinanM is offline   United_States
0
Reply With Quote
      12-21-2011, 04:52 PM   #19
Antilag
Private First Class
 
Antilag's Avatar
 
Drives: 2008 M3
Join Date: Jun 2011
Location: Maryland

Posts: 173
iTrader: (0)

Quote:
Originally Posted by mdyaman View Post
kudos

keep us updated
Thank you, I certainly will. I'm not really "going after" the dealer per say as in trying to get extra compensation out of the deal. All I really want is for them to purchase the vehicle from me at the price I payed to purchase it from them. If I would have known it was wrecked, obviously I wouldn't have paid fair market value for the car. As I am sure the previous owner who was involved in the accident hit his Insurance company for diminished value.
Antilag is offline  
0
Reply With Quote
Post Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -5. The time now is 06:03 AM.




m3post
Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST