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      07-23-2021, 10:49 PM   #1
csizmadia35
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Purchased new M235i Gran Coupe possibly was in an accident...HELP

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Purchased a M235i Gran Coupe a week ago from Open Road Edison NJ. As soon as driving noted the mileage was higher than paperwork. Then once at home noticed scratches in and outside the car and the Key fob did not work. The next day noticed car pulled to the right. No help from dealer took to my local dealer. They did an alignment and said toe was out and two of the tires were 20lbs under pressure. This did not fix it, when we picked it up and almost hit the wall. Took it back and they called to say the right tire is a different brand and tread pattern then all the rest. They also said they tried back tire on front and it still pulled to the right. Open Road said they will not pay for repairs need to pick up the car and these things happen and its human error and they don't know what happpend to the car. Never came to get the car and bring a loaner and doesn't return calls or let me speak to the general manager. This car appears to have been in an accident or something and is not a new car. Never had this issues with any other bmw dealer and is tarnishing the hell out of the brand for me.

Where do I turn to next to get the car I actually purchased as new ?

Last edited by csizmadia35; 07-23-2021 at 11:03 PM.. Reason: Typo
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      07-24-2021, 12:42 AM   #2
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If you purchased “as new” vs “new” this will make a difference.

Did you test drive the car before driving off the lot? Since you kinda drove off, you assumed all liability probably and is your word against the dealer. For all they know, you did some shenanigans.

How many miles did you put on the car before you noticed issues? Sounds like some missing info here. Not taking dealer side but strange set of events.

You can call you local news channel to do a consumer watch program, contact BMWNA, local BBB, contact an attorney.
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      07-24-2021, 05:59 AM   #3
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Quote:
Originally Posted by csizmadia35 View Post
As soon as driving noted the mileage was higher than paperwork.
how many?
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      07-24-2021, 07:31 AM   #4
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Thanks....the car paperwork said there was 50 miles on it and while driving it home saw 300 on the dash and took a pic. This was a new car. Saw the mileage issue within half hour of leaving. It was after close when we got the car and dark. Drove it only around parking lot bc we had an X2 and not much of diff expected. Have put under 100 miles on it since it's been at the other dealer after day 2 when noticing you fight the car as it pulls to the right. No one at Open Rode can explain why there is a tire on the car that doesn't match the other 3 or why the alignment won't fix the issue. Open Road will not allow Daniels BMW to try and fix it bc they said they can't physically pay them. They have not argued any of these issues are false they just have not acted on fixing them as they said or allowed me to have the other dealer try fix. They have said they would pick up the car with a flat bed and never came. Their service director called Daniels and said he knew nothing about what the sales Manager said to get it fixed.They will not get into detail as whar happend other than stating its human error and sometimes off the truck this happens and we will try to figure out what happened only if it's in their possession. Then as I stated never act on it. If a new car was damaged on arrival or had service they should have records. The car shoukd not be driven currently and is at Daniels BMW while I try to get in touch with the general manager who has not returned my email of the situation.
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      07-24-2021, 07:57 AM   #5
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FTC allows you 3 days "cooling off period" to return a car. NJ officially allows 24 hours, no questions asked. Technically you purchased a used car if you can prove that it had the amount of miles that you mentioned. Purchasing a used car grants you more rights than a new car. In NJ you automatically are granted a 90 day warranty by law. You have to give the dealer a reasonable amount of time and attempts to fix the car before declaring it a "lemon". I would visit the dealer and declare your rights to them. Where it gets sticky is the legal term of used vs new. Legally a car is used if it is registered in someone's name even if no mileage is put on the vehicle. That's where the gray area is between you having the rights of a used vehicle purchaser vs a new vehicle purchaser. I would threaten legal action in writing and let them know that your legal costs will be on them if you have to go that route. Get it notarized and send it certified mail with signature required. That should start the clock ticking as far as the law is considered.
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      07-24-2021, 08:24 AM   #6
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Thank you very much have instructed them not to pick the vehicle on the flatbed until I engage with bmw corporate and have also engaged with an attorney before further action. I am also asking Daniels to put in writing all they have done so far since 2 actions have been taken to rectify the issue.....alignment and trying a back tire on the front to see if the different tire fixes the pulling. The main issue I am currently discussing also is the odometer difference from paperwork to actual. I took a picture when noticed and have the communication with the dealer noting it was incorrect after sending them the pic. Appreciate all the input.
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      07-24-2021, 08:34 AM   #7
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It sounds like it was used as a loaner for a while, but in theory that should have been documented.

What an odd combo of problems. For what it's worth I'd be disappointed as well.

If you generally like the car, I'd try to ensure the original dealer fixes everything you find. Someone there knows what's going on and isn't admitting to it. Document what you know, keep your cool, and find the sales manager and ask to go higher if needed.

Alternately, threaten (again w/ the keeping cool) something like small claims court action and even start those actions just to show you aren't bluffing. Maybe that'll get someone to do the right thing. Dropping off the car for a refund doesn't seem like to much to ask especially since, I still have to think, someone there knows there's history.

It's crazy how many different kinds of dealerships there are out there, from awesome to awful. Looks like you may have found the latter, sorry to say.
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      07-24-2021, 01:37 PM   #8
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Call GM and tell him you are returning it immediately, and if he refuses or even hesitates, that you're gonna lawyer up as well as call the local news consumer reporter. That should get his attention quickly. But DO lawyer up if you are stonewalled - you clearly got screwed here and now they're trying to diss you. Don't stand for it! Good luck.
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      07-24-2021, 03:13 PM   #9
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Sent letter today drafted by attorney in violation of both state and federal laws. The Federal Odometer Act nothing difference between paper work filed with the state and acknowledged and New Jersey Consumer Fraud Act by representing they were selling a new car that was free of any defects.

GM finally called this afternoon and immediately said they would take the car back and did not even get into any issues of the car. Keep your attorney friends close!
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      07-24-2021, 03:18 PM   #10
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Glad you were finally taken care of.
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      07-24-2021, 03:36 PM   #11
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Quote:
Originally Posted by csizmadia35 View Post
Sent letter today drafted by attorney in violation of both state and federal laws. The Federal Odometer Act nothing difference between paper work filed with the state and acknowledged and New Jersey Consumer Fraud Act by representing they were selling a new car that was free of any defects.

GM finally called this afternoon and immediately said they would take the car back and did not even get into any issues of the car. Keep your attorney friends close!
Great news, sorry you had to deal with this BS
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      07-24-2021, 04:21 PM   #12
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that's how FWD-based cars drive, man....
plowing straight toward walls 😂😂

sorry hope you sort it out!
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      07-24-2021, 04:51 PM   #13
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Quote:
Originally Posted by csizmadia35 View Post
Sent letter today drafted by attorney in violation of both state and federal laws. The Federal Odometer Act nothing difference between paper work filed with the state and acknowledged and New Jersey Consumer Fraud Act by representing they were selling a new car that was free of any defects.

GM finally called this afternoon and immediately said they would take the car back and did not even get into any issues of the car. Keep your attorney friends close!
Took the car back for repair, or took it back and refunded you?
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      07-24-2021, 05:54 PM   #14
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^ What he said...

I certainly hope it is taking the car back.

Either way I hope this ends positively for you.

josh
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      07-24-2021, 06:57 PM   #15
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Quote:
Originally Posted by tracer bullet View Post
It sounds like it was used as a loaner for a while, but in theory that should have been documented.

What an odd combo of problems. For what it's worth I'd be disappointed as well.

If you generally like the car, I'd try to ensure the original dealer fixes everything you find. Someone there knows what's going on and isn't admitting to it. Document what you know, keep your cool, and find the sales manager and ask to go higher if needed.

Alternately, threaten (again w/ the keeping cool) something like small claims court action and even start those actions just to show you aren't bluffing. Maybe that'll get someone to do the right thing. Dropping off the car for a refund doesn't seem like to much to ask especially since, I still have to think, someone there knows there's history.

It's crazy how many different kinds of dealerships there are out there, from awesome to awful. Looks like you may have found the latter, sorry to say.
Good advice. On my previous BMW I had constant battery problems and finally I decided that I was going to lemon law it. I went into the dealership with two letters in my hand...one to the GM and one to BMWNA invoking the lemon law. The service manager, who I had been engaging with throughout, told me he agreed with me and asked me to give him one more chance for a couple of hours to convince BMW. I agreed and an hour latter he told me that BMW would buy back the car.

My point is stay in touch with the key personnel at the dealership and try not to antagonize them (I am not accusing the OP of doing that).
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      07-31-2021, 08:49 AM   #16
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Quote:
Originally Posted by csizmadia35 View Post
Sent letter today drafted by attorney in violation of both state and federal laws. The Federal Odometer Act nothing difference between paper work filed with the state and acknowledged and New Jersey Consumer Fraud Act by representing they were selling a new car that was free of any defects.

GM finally called this afternoon and immediately said they would take the car back and did not even get into any issues of the car. Keep your attorney friends close!
Yep, that’s what you have to do in these situations. Stop taking to people and send return receipt letters so you can show they were officially informed of the issue. Unfortunately, phone conversations and talking to people in person without witnesses or records of conversations is pretty worthless, they can deny the conversation ever took place with no evidence to indicate it did. Any person can do the first few steps that an attorney would and that usually takes care of the issue.
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      07-31-2021, 02:27 PM   #17
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sounds like the dealer wants to rip you off with a loaner. I was once testing driving a "CPO" car with dealer manager's golf clubs/bags in the trunk.
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      07-31-2021, 07:28 PM   #18
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that's how FWD-based cars drive, man....
plowing straight toward walls 😂😂
More truth to that than many might think.
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      08-01-2021, 05:01 AM   #19
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Quote:
Originally Posted by csizmadia35 View Post
Sent letter today drafted by attorney in violation of both state and federal laws. The Federal Odometer Act nothing difference between paper work filed with the state and acknowledged and New Jersey Consumer Fraud Act by representing they were selling a new car that was free of any defects.

GM finally called this afternoon and immediately said they would take the car back and did not even get into any issues of the car. Keep your attorney friends close!
Good for you! Too many red flags for a purportedly “new” car.
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      08-04-2021, 01:48 PM   #20
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Quote:
Originally Posted by csizmadia35 View Post
Sent letter today drafted by attorney in violation of both state and federal laws. The Federal Odometer Act nothing difference between paper work filed with the state and acknowledged and New Jersey Consumer Fraud Act by representing they were selling a new car that was free of any defects.

GM finally called this afternoon and immediately said they would take the car back and did not even get into any issues of the car. Keep your attorney friends close!
Glad you got it sorted, I would have said to do something similar. If you purchase a new car and get this sort of situation, best thing to do is to bring it back to dealer immediately! What is the lesson we all learned here?

Thoroughly inspect the car you are about to purchase, used or new!!
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      08-05-2021, 08:17 AM   #21
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that's how FWD-based cars drive, man....
plowing straight toward walls 😂😂
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      08-05-2021, 08:22 AM   #22
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I will NEVER purchase another BMW or any car from this same dealership!
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