[diesel1879]

This is the first time I’ve ever went through something like this. Long story short I leased a demo f90 m5 from a dealership. 1 week later the dealer is asking for the car back saying they cant sell it to me and bmw financial did not approve the lease. I called bmw financial and they said it wasn’t them and they were about to process it for me when they got a call from the dealership telling them to hold it.

The dealer said they would issue me a full refund. I already sold my other vehicle, went through weeks of back and forth with them, and drove over 100 miles to pick up the vehicle.
I read my lease agreement and sales contract and there is nothing in there that says they can take the car back.
Any advice??

[Ryno 27]

Conference call with dealership and BMW fs, get to the bottom of things quickly...

[josec70]

Very odd, more so if BMW FS says it was not on their end.

Something does not add up and I would start w/ the dealership itself and see if they can provide a real answer.

[diesel1879]

Spoke with them again today.. they are saying they sold a car that does not belong to them. Super strange. I might have to get a lawyer involved

[Greer]

I would speak to the general manager of the dealer and BMW Financial on a conference call.

[trev230]

I do know from prior experience that Demo's must be approved for leasing by BMWFS due to mileage or usage it might have seen. This does not sound like this is the case with your situation though. Very interesting and I think you certainly have a strong case for retaining the vehicle at this point.

[Ex_Stig]

Originally Posted by diesel1879

Spoke with them again today.. they are saying they sold a car that does not belong to them. Super strange. I might have to get a lawyer involved

So, the question is, who does the car belong to?

[diesel1879]

Originally Posted by GNALUZU

So, the question is, who does the car belong to?

Apparently it’s a repo and should have never been sold.

[dardeca]

Like others have said, I'd get the store GM and BMWFS on a conference call and figure out what has to be done. If you do end up having to return the vehicle, I'd make damn sure that BMW and/or the dealership give you a smoking deal on a M5 of your choice. Also, if the dealership doesn't have the car on its lot and they have to order or locate it, I'd make them give you a complimentary loaner until your M5 arrives. Either way, make sure they know how much they F*cked up and that they make the appropriate accommodations for your trouble.

Good luck and keep us posted.

[Ryno 27]

Originally Posted by dardeca

Like others have said, I'd get the store GM and BMWFS on a conference call and figure out what has to be done. If you do end up having to return the vehicle, I'd make damn sure that BMW and/or the dealership give you a smoking deal on a M5 of your choice. Also, if the dealership doesn't have the car on its lot and they have to order or locate it, I'd make them give you a complimentary loaner until your M5 arrives. Either way, make sure they know how much they F*cked up and that they make the appropriate accommodations for your trouble.

Good luck and keep us posted.

Well said, solid advice and approach

[Vic55]

Originally Posted by diesel1879

Apparently it’s a repo and should have never been sold.

This is just crazy (not calling you crazy but the dealership). How do they take into inventory a car that they dont own. If its a repo, some other bank is coming to pick that car up. I work with so many dealerships and repos are dropped all the time but they never scan the car into inventory and make it one of their own.

Get restitution; further the lease contract cant be reversed unless you agree so you might have them by the balls. Maybe they need to payoff the bank that holds the lien on the repo... but they probably dont want to as the car's payoff is higher than the ACV.

[M5 dude now]

someone is gonna get fired!

[TrevorM3]

give up the car, and for their fuckup have them give you brand new one, for a very steep discount. done.

thats a wild story for sure though.

[Next Phase]

My recommendation is to negotiate a deal BEFORE you return the car AND get it in writing... Once they have the car back, you'll be SOL.

[themnmd]

Lawyer up! What a bunch of BS. I would be

[diesel1879]

Thank you guys ! Quick update they offered another m5 as said they would give similar pricing. But it’s black and has a terrible color combo. Not to mention they might charge me more because it has ccb.

I’m not going to take that deal. In fact I’m going to ask for a new one with a steep discount. The demo only had 1500 miles and was practically brand new. Still has the new car smell.

They’re asking me to just return the car and they’ll work out a deal. Like you guys said I won’t be turning in the car till they have a deal in writing for me. I can’t be out of a car. I’ll keep you guys updated.

[Ex_Stig]

Originally Posted by diesel1879

Thank you guys ! Quick update they offered another m5 as said they would give similar pricing. But it’s black and has a terrible color combo. Not to mention they might charge me more because it has ccb.

I’m not going to take that deal. In fact I’m going to ask for a new one with a steep discount. The demo only had 1500 miles and was practically brand new. Still has the new car smell.

They’re asking me to just return the car and they’ll work out a deal. Like you guys said I won’t be turning in the car till they have a deal in writing for me. I can’t be out of a car. I’ll keep you guys updated.

Just be careful. If the dealership didn't own the car, then you don't either. It's possible that the car could, at some point, be considered stolen.

[diesel1879]

But I have a temporary registration, a temp tag, and a sales contract. Not to mention the car fax states the vehicle was sold to their dealership.

[Jo-Sta07]

You're good then. You have them by the balls.

[vitaly]

This is pretty wild - never heard of such a thing happening, pretty unprecedented. Once the dust settles will make for a good story (already does but not as fun for you being in the middle) .

If you don’t get the dealer to compensate you nicely for it, I’d contact BMWNA. It’s not their fault but they can (hopefully) help make it right, eg BMWNA can get you a car from another dealer, and then work out the restitution with the original dealer as they see fit.

Don’t lawyer up just yet - give them a chance to make it right. Once lawyers are involved, things get messy real quick (and you may not come out ahead).

[Vic55]

Originally Posted by diesel1879

But I have a temporary registration, a temp tag, and a sales contract. Not to mention the car fax states the vehicle was sold to their dealership.

Actually the lienholder still is not made whole. If its a repo that meant there was a lien on it. They are first in line as your contract was after the initial one that led to the repo. They could come get the car and your recourse is with the retailer.

This is all contingent on their statement to you saying the car was a repo being true.

Id have someone run a KSR on your VIN to see who the legal owner is.

This just sounds like such a cluster (all on the dealer).

[diesel1879]

They still have it listed for sale on their website