Dealership is buying my car back

lucius · 12-30-2011, 08:47 AM

This is stemming from an issue I'm currently going through with a dealership.
Here's the thread about it here: http://www.e90post.com/forums/showthread.php?t=600782

Cliffs:

Bought car from dealership
Dealership doesn't want to honor warranty for repair
Threatened dealership with lawsuit to superior court
Dealership now wants to avoid court and handle matters outside court

Dealership is going to buy my car back because they want to settle matters out of court.

As far as I know these are what I'm entitled to:

Down payment
Sales tax
Gap payment
Title and registration fee
Repair deductible
Taxi fare
Dealership doc fee
Constable
Attorneys fee
Court filing fee
BMW diagnostic fee
Costs for numerous certified letters

What else am I entitled to? Am I entitled to purchases made towards the car?

What about the money I paid towards the loan; shouldn't I get that back? What about the interest accrued from my loan?

From my understanding this process is supposed to be as if this whole ordeal never existed. Reversing everything if you will.

The car never came with floor mats, so I purchased brand new floor mats from the dealer to preserve the condition of the run interior.

I've purchased a new air filter. Mind you I've only had the car for 3 months.
Can they reimburse me for this as well? At least a pro-rated reimbursement.

Your input will be greatly appreciated.

Thank you

THE TECH · 12-30-2011, 09:06 AM

Why are they buying back? Cliffs don't tell the reason for the repair.

luv135i · 12-30-2011, 09:17 AM

Just read it all. Hit them for all you can. They really need to be taught a lesson. The average person would have just given up. Props to you.

Potty_Pants · 12-30-2011, 09:24 AM

dude man, take their offer.

dont try to get any more out of it.

ppp

loobie · 12-30-2011, 09:56 AM

the .15 a mile is the same as Inskip charges for a loaner. You don't even have to put gas in it. I would get all money paid by you for anything car related returned to you and walk away. Keep floor mats or anything else you put on or into car. Go buy a cpo.

lucius · 12-30-2011, 11:29 AM

Quote:

Originally Posted by THE TECH

Why are they buying back? Cliffs don't tell the reason for the repair.

I posted a link at the beginning of my post that explains everything.

Quote:

Originally Posted by loobie

the .15 a mile is the same as Inskip charges for a loaner. You don't even have to put gas in it. I would get all money paid by you for anything car related returned to you and walk away. Keep floor mats or anything else you put on or into car. Go buy a cpo.

I forgot the mention the $.15 per mile deduction.

One of my main concern is the monthly loan payments I've made towards the car. Am I entitled to getting those payments back? Also the interest I paid towards the loan?

Thanks

trk411 · 12-30-2011, 12:18 PM

It would be unreasonable to ask for money that you paid on the loan. After all, you were using the car while you were paying for it. Furthermore, you aren't going to get it if you ask anyway. It sounds like the dealership is trying to work with you - just don't get greedy.

burtface · 12-30-2011, 12:59 PM

You are also entitled to registration renewal fees.

lucius · 12-30-2011, 01:16 PM

Quote:

Originally Posted by trk411

It would be unreasonable to ask for money that you paid on the loan. After all, you were using the car while you were paying for it. Furthermore, you aren't going to get it if you ask anyway. It sounds like the dealership is trying to work with you - just don't get greedy.

I've paid more than double of my monthly payment towards my loan each month of owning this car. I'm not going to let that go and take it as a loss.
they are already deducting $.15 for every mile I put on the car.

MediaArtist · 12-30-2011, 01:33 PM

I think you should be made whole, including your payments. That's what courts would order. You didn't get the product you paid for.

nferber · 12-30-2011, 01:46 PM

Fuck, talk to your damn attorney. It all depends on what is written within the warranty. Your attorney should be able to tell you what you can get and what you can't. Telling the dealership that your idiot buddy on the forum said you should get paid for the floor mats you bought doesn't mean shit.

trk411 · 12-30-2011, 02:05 PM

Quote:

Originally Posted by nubian

I've paid more than double of my monthly payment towards my loan each month of owning this car. I'm not going to let that go and take it as a loss.
they are already deducting $.15 for every mile I put on the car.

Actually, I just looked at the Lemon Law site for your state. I appears that you would be entitled to a refund of the full contract price minus a reasonable deduction for use. I assume that would be the .15 you are talking about.

Clarence Watson · 12-30-2011, 02:16 PM

Pigs get fat, hogs get slaughtered. Accept a refund of the purchase price paid, less deduction for use. Do not insist on refunds for purchases toward the car -- BMW did not require you to spend money on purchases.

x26 · 01-05-2012, 08:59 PM

Wow.
You're some kinda Drama Queen aren't You??

You must not have a Friend in the World.

ERdiesel · 01-06-2012, 12:37 PM

I'm sure you have an attorney since a threat from you for a lawsuit doesn't carry the same weight as a threat from a lawyer. With that said, ask your lawyer what you're entitled to under state law. Anything beyond that, drop it and move on. Anyone with advice contrary to the above in an internet forum should just stay within the internet forum. Use your head and talk to your lawyer not to a bunch of strangers on the internet.

lucius · 01-06-2012, 01:32 PM

Quote:

Originally Posted by x26

Wow.
You're some kinda Drama Queen aren't You??

You must not have a Friend in the World.

...to your post.

Quote:

Originally Posted by ERdiesel

I'm sure you have an attorney since a threat from you for a lawsuit doesn't carry the same weight as a threat from a lawyer. With that said, ask your lawyer what you're entitled to under state law. Anything beyond that, drop it and move on. Anyone with advice contrary to the above in an internet forum should just stay within the internet forum. Use your head and talk to your lawyer not to a bunch of strangers on the internet.

Thanks for your reply.

AllBlackBimmer · 01-06-2012, 01:40 PM

who cares about any of that...

what really matter is..

what the hell kind of BMW is that in your sig?

...because it looks badass

ragingclue · 01-06-2012, 01:51 PM

Quote:

Originally Posted by AllBlackBimmer

who cares about any of that...

what really matter is..

what the hell kind of BMW is that in your sig?

...because it looks badass

It's a chop and never existed in reality.

I think it started out as an M3.

Midnightfang · 01-06-2012, 02:14 PM

there is so much win in this thread. GJ OP

Clifton · 01-06-2012, 02:16 PM

Nice work documenting and standing up for what was right. Having gone through a similar process with an E46 (paint issues) a few years back, I can understand and relate to what you've been/going through.

In my opinion, you've won and their offer sounds fair. I'm not sure I would pursue much beyond a simple buy-back even if you are entitled to "more" by law. Although it may be tempting to go for blood on the matter, stick to what's right to make your losses whole (e.g., the car) and you avoid looking like one of the jackpot justice litigants.

In simple terms - if you paid $25k out the door for the car, they should refund you $25k minus your mileage/usage. Include attorney's/court fees and call it a day.

Fighting for every last scrap you are entitled to may end up costing you more time and energy than it is really worth. Get in and out on this deal so you can go buy a car that makes you happy.

Best of luck to you man.

bimmer_335 · 01-06-2012, 02:55 PM

you're blessed to live where you live...

Absolutely love the consumer protection laws in MA

3_runner · 01-07-2012, 08:00 AM

I was wondering about your situation before I went on vacation, glad it's going to work out for you.

12-30-2011, 08:47 AM	#1
lucius Second Lieutenant 201 Rep 288 Posts Drives: E90 Join Date: Sep 2011 Location: Mass iTrader: (0)	Dealership is buying my car back This is stemming from an issue I'm currently going through with a dealership. Here's the thread about it here: http://www.e90post.com/forums/showthread.php?t=600782 Cliffs: Bought car from dealership Dealership doesn't want to honor warranty for repair Threatened dealership with lawsuit to superior court Dealership now wants to avoid court and handle matters outside court Dealership is going to buy my car back because they want to settle matters out of court. As far as I know these are what I'm entitled to: Down payment Sales tax Gap payment Title and registration fee Repair deductible Taxi fare Dealership doc fee Constable Attorneys fee Court filing fee BMW diagnostic fee Costs for numerous certified letters What else am I entitled to? Am I entitled to purchases made towards the car? What about the money I paid towards the loan; shouldn't I get that back? What about the interest accrued from my loan? From my understanding this process is supposed to be as if this whole ordeal never existed. Reversing everything if you will. The car never came with floor mats, so I purchased brand new floor mats from the dealer to preserve the condition of the run interior. I've purchased a new air filter. Mind you I've only had the car for 3 months. Can they reimburse me for this as well? At least a pro-rated reimbursement. Your input will be greatly appreciated. Thank you
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12-30-2011, 09:06 AM	#2
THE TECH BimmerPost Supporting Vendor 307 Rep 13,093 Posts Drives: BPMsport 2012 E92 M3 Join Date: Jun 2011 Location: Kansas iTrader: (45) Garage List 2013 Nissan GTR [0.00] 2019 Sierra Denali ... [0.00] 1999 Nissan Silvia [0.00] 1999 Nissan Skyline ... [0.00] 1998 Toyota Supra [0.00]	Why are they buying back? Cliffs don't tell the reason for the repair.
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12-30-2011, 09:17 AM	#3
luv135i Major 60 Rep 1,073 Posts Drives: White Join Date: Nov 2009 Location: GA iTrader: (0)	Just read it all. Hit them for all you can. They really need to be taught a lesson. The average person would have just given up. Props to you. Last edited by luv135i; 12-30-2011 at 09:31 AM..
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12-30-2011, 09:24 AM	#4
Potty_Pants Colonel 66 Rep 2,189 Posts Drives: 2012 Genesis Sedan Rspec Join Date: Apr 2007 Location: Southern NJ iTrader: (0)	dude man, take their offer. dont try to get any more out of it. ppp __________________ Olds Starfire > Chevy Malibu > Isuzu I-mark RS & Honda Magna 500 > Grand Am GT & YSR50 > Nissan Maxima & Ninja 750 > X-Wife > Hyundai Excel > Honda Prelude > Honda Accord > Honda Prelude & Ninja 250> Infiniti G35 > E90 335i > Hyundai Genesis Rspec, Hyunadai Sonata > Kia Sorento > Honda CRV-EX
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12-30-2011, 09:56 AM	#5
loobie Private First Class 4 Rep 192 Posts Drives: 2012 535xi Join Date: Nov 2011 Location: Massachusetts iTrader: (2)	the .15 a mile is the same as Inskip charges for a loaner. You don't even have to put gas in it. I would get all money paid by you for anything car related returned to you and walk away. Keep floor mats or anything else you put on or into car. Go buy a cpo.
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12-30-2011, 12:18 PM	#7
trk411 Private 3 Rep 97 Posts Drives: 2016 X5 5.0i Join Date: Oct 2011 Location: Southwestern PA iTrader: (0)	It would be unreasonable to ask for money that you paid on the loan. After all, you were using the car while you were paying for it. Furthermore, you aren't going to get it if you ask anyway. It sounds like the dealership is trying to work with you - just don't get greedy.
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12-30-2011, 12:59 PM	#8
burtface Enlisted Member 2 Rep 29 Posts Drives: 06 BMW 330i Join Date: Dec 2011 Location: Orange iTrader: (0)	You are also entitled to registration renewal fees.
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12-30-2011, 01:33 PM	#10
MediaArtist There is No Substitute 72 Rep 1,186 Posts Drives: Audi A6, 997 GT3 RS, E90 335i Join Date: Apr 2010 Location: Laguna Beach, CA iTrader: (0)	I think you should be made whole, including your payments. That's what courts would order. You didn't get the product you paid for. __________________ '13 Audi A6 '07 Porsche GT3 RS '08 BMW E90 335i
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12-30-2011, 01:46 PM	#11
nferber Private First Class 4 Rep 130 Posts Drives: '09 E92 335xi Join Date: Mar 2009 Location: MN iTrader: (0)	Fuck, talk to your damn attorney. It all depends on what is written within the warranty. Your attorney should be able to tell you what you can get and what you can't. Telling the dealership that your idiot buddy on the forum said you should get paid for the floor mats you bought doesn't mean shit.
	Appreciate 0 Quote

12-30-2011, 02:16 PM	#13
Clarence Watson Private 6 Rep 79 Posts Drives: 2008 BMW 335i Join Date: Dec 2010 Location: Indiana iTrader: (0)	Pigs get fat, hogs get slaughtered. Accept a refund of the purchase price paid, less deduction for use. Do not insist on refunds for purchases toward the car -- BMW did not require you to spend money on purchases.
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01-05-2012, 08:59 PM	#14
x26 First Lieutenant 17 Rep 358 Posts Drives: 335i Join Date: Sep 2007 Location: Dante's Inferno... iTrader: (0)	Wow. You're some kinda Drama Queen aren't You?? You must not have a Friend in the World.
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01-06-2012, 12:37 PM	#15
ERdiesel Private First Class 3 Rep 103 Posts Drives: 2014 335i xDrive Join Date: Dec 2011 Location: NYC iTrader: (0)	I'm sure you have an attorney since a threat from you for a lawsuit doesn't carry the same weight as a threat from a lawyer. With that said, ask your lawyer what you're entitled to under state law. Anything beyond that, drop it and move on. Anyone with advice contrary to the above in an internet forum should just stay within the internet forum. Use your head and talk to your lawyer not to a bunch of strangers on the internet.
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01-06-2012, 01:40 PM	#17
AllBlackBimmer Colonel 815 Rep 2,869 Posts Drives: 2019 X3 m40i Join Date: Aug 2011 Location: USA iTrader: (-1)	who cares about any of that... what really matter is.. what the hell kind of BMW is that in your sig? ...because it looks badass __________________ 2019 X3 m40i:Carbon Black:Executive:Premium:Adaptive:Vernasca:699M:HK: Ambient:IND trim:M Mirrors:15mm spacers:Maxton lip:20% tint windows/pano:dsg paddles:TLG mudflaps 2008 328i E90 Jet Black:6MT:RWD:Premium:Sport:Xenon:MTEC V3 AEs:Front Splitters:CF spoiler:19" VMR FF v710
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01-06-2012, 02:14 PM	#19
Midnightfang Private First Class 13 Rep 100 Posts Drives: C63 AMG, ML350, E90 330i Join Date: Oct 2010 Location: Houston, TX iTrader: (2)	there is so much win in this thread. GJ OP
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01-06-2012, 02:16 PM	#20
Clifton Captain 222 Rep 660 Posts Drives: Cars with tires Join Date: Jul 2009 Location: Earth iTrader: (0)	Nice work documenting and standing up for what was right. Having gone through a similar process with an E46 (paint issues) a few years back, I can understand and relate to what you've been/going through. In my opinion, you've won and their offer sounds fair. I'm not sure I would pursue much beyond a simple buy-back even if you are entitled to "more" by law. Although it may be tempting to go for blood on the matter, stick to what's right to make your losses whole (e.g., the car) and you avoid looking like one of the jackpot justice litigants. In simple terms - if you paid $25k out the door for the car, they should refund you $25k minus your mileage/usage. Include attorney's/court fees and call it a day. Fighting for every last scrap you are entitled to may end up costing you more time and energy than it is really worth. Get in and out on this deal so you can go buy a car that makes you happy. Best of luck to you man. __________________ Regards, Clifton
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01-06-2012, 02:55 PM	#21
bimmer_335 Major 177 Rep 1,123 Posts Drives: 540 mSport Join Date: Jul 2009 Location: In the middle of nowhere, TX iTrader: (1)	you're blessed to live where you live... Absolutely love the consumer protection laws in MA
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01-07-2012, 08:00 AM	#22
3_runner Private First Class 4 Rep 197 Posts Drives: 328xi Join Date: May 2011 Location: Cape Cod iTrader: (1)	I was wondering about your situation before I went on vacation, glad it's going to work out for you.
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