[ekko5665]

Hey everyone,

I bought myself a 2016 BMW 328i with 70k miles from a "BMW OF GAINESVILLE" I only drove about 20-25 miles since the purchase.


first weird noises and smoke started billowing from under the hood, and before I could even process what was happening, I was covered with smoke inside of my car. when I stepped out and opened the hood there was a small fire under the engine from the oil leak. bmw mechanic said the piston broke and the engine disassembled itself along with the turbo due to lack of oil.

unfortunately, I did not buy any warranty + also the car was as is warranty.

Initially dealership offered half the repair cost of 5000$. when we disagreed, they asked us to use insurance. which was denied. Eventually they took their offer back and said its all your problem.


its about 15k car, with 10k repair cost. they assured us before purchasing that all maintenance was completed. How could piston brake on this car? I might have pushed the RPM maybe 1 or twice around 5–6k RPM as a test, but surely I did not redline it. I dont know what am going to do. I would much appreciate anyone who might had similar experience..


dealership reoffered half of the repairs and I ended up settling as the law suit was going to exceed the cost of the repairs. It is still highly upsetting to have your consumer rights violated. and not do anything about it as the legal side is too expensive to fight for 10-15k cars.

[Billfitz]

You don't need internet advice, you need a lawyer.

[ctdriver320i]

Was there a notice pasted to the car on the lot that displayed as-is no warranty?

[Billfitz]

Warranty or not there is an expectation for any product being sold by a commercial operation to operate for a reasonable amount of time. An hour or so isn't a reasonable amount of time. When faced with the potential cost of mounting a legal defense that could easily be three times what the OP paid for the car the dealership is likely to have a major attitude adjustment.

[Shirazkhan]

Not sure how the law works there.
Bmw cannot sell a car from their dealership "as is".
All used cars must have a 100point check.
Same day,so little mileage done and a major engine issue.
A good lawyer will get this sorted in no time and get you sorted for all the smoke that u inhaled and caused u damage.
Best of luck.

[F30F30F30F30F30]

Piston breaking is quite unusual, and in addition it just happened when you had the car, that sounds very fishy.

[eff32fl]

Damn dude sorry to hear that. Try calling BMW USA and see if they can intervene. If they tell you tough luck calmly and firmly tell them you will contact the media and automotive influencers (I hate that description) about how much they stand behind their products. Fib a bit if you have to say you know a big name YouTuber or something. Companies dislike negative press.

[ekko5665]

Originally Posted by ctdriver320i

Was there a notice pasted to the car on the lot that displayed as-is no warranty?

Yes, we knew that they aren't liable once it left the lot. but I expected more time before any issues.

[ekko5665]

Originally Posted by eff32fl

Damn dude sorry to hear that. Try calling BMW USA and see if they can intervene. If they tell you tough luck calmly and firmly tell them you will contact the media and automotive influencers (I hate that description) about how much they stand behind their products. Fib a bit if you have to say you know a big name YouTuber or something. Companies dislike negative press.

its a long shot but I am willing to try that. Thank you for the tip

[Shirazkhan]

Again dont know the law that side,but bmw or any franchised dealer that wants to sell a car without some sort of warranty can only sell it to a dealer and not to the public.
Dont just give in.Call Bmw Usa and hear what they have to say.

[ekko5665]

Originally Posted by Shirazkhan

Not sure how the law works there.
Bmw cannot sell a car from their dealership "as is".
All used cars must have a 100point check.
Same day,so little mileage done and a major engine issue.
A good lawyer will get this sorted in no time and get you sorted for all the smoke that u inhaled and caused u damage.
Best of luck.

I truly hope so, been looking over 100 law firms and the second they hear a used car they just refuse...

[Shirazkhan]

Ok so a quick google search shows that in florida car dealers are allowed to sell "as is".
Did you sign any paperwork stating that the car is in a roadworthy condition and free from any major faults?

[ekko5665]

Originally Posted by Shirazkhan

Ok so a quick google search shows that in florida car dealers are allowed to sell "as is".
Did you sign any paperwork stating that the car is in a roadworthy condition and free from any major faults?

I am not sure if I did, it was purchased under family member who signed it. however, we were verbally told that the car is in a roadworthy condition and free from any major faults. they knew that I had to travel 2-3 hours back home. they said you need something reliable if you want to drive back home etc.

[Shirazkhan]

This is what i found on google and a few people have been succesful going the small claims court way regarding a car sold as is.
I see. A few things to consider:1. For all future vehicles, ALWAYS get a warranty;2. For this car, there is recourse for the dealer writing you twice stating that the vehicle was just fine. One of the first and most important things to remember is that “As Is” sales do not immunize sellers from fraud causes of action. Fraudulent misrepresentation basically means that they made a material statement or omission that would induce a person to purchase the vehicle. This doesn’t mean that the deal is automatically canceled, but it DOES mean that the buyer would have the option to threaten legal action or actually take legal action in court. One thing to remember is that a fraud cause of action essentially entails proving that the seller lied to the consumer in order to convince him or her to purchase a vehicle. So if a dealer lied to you, and you think you can prove it, then contact a consumer rights attorney right away to discuss your legal options.For a complicated case like this, you should consider arbitration or informal settlement. Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. Settlement is just negotiating a deal between you and the other party. In any event, these processes are more convenient, private, cheaper, informal, and quicker than pursuing a claim in a small claims court or superior court. For arbitration, an experienced arbitrator hears both sides, reviews evidence, and the decisions are legally binding and enforceable. Settlement is just hammering out a deal between you and the other party. If you click the link (https://www.fairclaims.com/how_it_works) you can see the website FairClaims.com that helps people handle disputes online from the comfort of their homes. The other party has to agree to enter arbitration or settlement; however, you can advise them the benefits of avoiding court.

[ekko5665]

Originally Posted by Shirazkhan

This is what i found on google and a few people have been succesful going the small claims court way regarding a car sold as is.
I see. A few things to consider:1. For all future vehicles, ALWAYS get a warranty;2. For this car, there is recourse for the dealer writing you twice stating that the vehicle was just fine. One of the first and most important things to remember is that “As Is” sales do not immunize sellers from fraud causes of action. Fraudulent misrepresentation basically means that they made a material statement or omission that would induce a person to purchase the vehicle. This doesn’t mean that the deal is automatically canceled, but it DOES mean that the buyer would have the option to threaten legal action or actually take legal action in court. One thing to remember is that a fraud cause of action essentially entails proving that the seller lied to the consumer in order to convince him or her to purchase a vehicle. So if a dealer lied to you, and you think you can prove it, then contact a consumer rights attorney right away to discuss your legal options.For a complicated case like this, you should consider arbitration or informal settlement. Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. Settlement is just negotiating a deal between you and the other party. In any event, these processes are more convenient, private, cheaper, informal, and quicker than pursuing a claim in a small claims court or superior court. For arbitration, an experienced arbitrator hears both sides, reviews evidence, and the decisions are legally binding and enforceable. Settlement is just hammering out a deal between you and the other party. If you click the link (https://www.fairclaims.com/how_it_works) you can see the website FairClaims.com that helps people handle disputes online from the comfort of their homes. The other party has to agree to enter arbitration or settlement; however, you can advise them the benefits of avoiding court.

Thank you very much for the tip. I came to same conclusion as this is a breach of contract.

I might have a claim for breach of contract if the dealership misrepresented the vehicle’s condition or failed to disclose known defects.

If the dealership advertised that the car was in good condition with all maintenance completed and this was false, I might argue a breach of contract or fraudulent misrepresentation.

I plan on getting a lawyer immediately. also, I will email BMW USA to see if it can be resolved without paying any lawyer fees.

[Shirazkhan]

Perfect.
I do wish you all the best,and im sorry for your loss and the headaches to deal with it now.

[tturedraider]

Did you buy this from an Authorized BMW franchise dealer or from an independent dealer? Either way, BMW of North America is going to tell you it is between you and the dealer.

I’m very sorry this happened to you. More than likely you are going to have learned a hard lesson. Except in exceedingly rare circumstances it is not a good idea to buy a used BMW from a small, independent dealer that does not specialize in very high-end vehicles and has a stellar reputation. Did you get a pre-purchase inspection?

[ekko5665]

Originally Posted by tturedraider

Did you buy this from an Authorized BMW franchise dealer or from an independent dealer? Either way, BMW of North America is going to tell you it is between you and the dealer.

I’m very sorry this happened to you. More than likely you are going to have learned a hard lesson. Except in exceedingly rare circumstances it is not a good idea to buy a used BMW from a small, independent dealer that does not specialize in very high-end vehicles and has a stellar reputation. Did you get a pre-purchase inspection?

its from a authorized BMW dealership. this was a temporary car until I get my M car. therefore I bought no warranty no insurance. no pre purchase inspection

[Arthurrs]

Originally Posted by ekko5665

this was a temporary car until I get my M car.

Sounds like you can use this as a leveraging tool. If they want your business with the M car, then they need to make things right with your temporary car...

[keithyo88]

as [eff32fl] noted, you could use the media option. That is, big wonderful companies like BMW Hate bad publicity, especially if it could affect their sales. A story like yours, although the fine print may be on their side, would make for good local news, and not cost the media much money to cover. Of course if you are into the Internet chose media wisely.
If it were me, I would document every communication you have had(or are having) with the seller and BMW Corporate before going the media route. Best of Luck, and Persevere

[keithyo88]

Also save any pictures you have of the car before you bought it, and take many pictures of its current condition, inside and out. Also document how the fire was put out, as well as each step taken to get the car back to dealership and documents from bmw mechanic who examined the car.
Although this might turn out perfectly and the Authorized BMW Dealership come through, it might be a good idea to list its name so that forum members could be for warned of possible issues. I hate when people are taken advantage of.

[ekko5665]

Originally Posted by keithyo88

Also save any pictures you have of the car before you bought it, and take many pictures of its current condition, inside and out. Also document how the fire was put out, as well as each step taken to get the car back to dealership and documents from bmw mechanic who examined the car.
Although this might turn out perfectly and the Authorized BMW Dealership come through, it might be a good idea to list its name so that forum members could be for warned of possible issues. I hate when people are taken advantage of.

absolutely, I plan on releasing the dealership with a huge media presence. They acted to so sneaky and had no issues with leaving us in a huge debt. they deserve all its coming to them. even if I lose money, I am going to make it hell for them in the legal field.