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Toyota dealer trying to take away my TL!!! PLS READ!

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Old 03-09-2006, 02:57 AM
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Destination Toyota in Burnaby for the Vancouver guys.
Black on Black X5 with the only set of OEM 20"s in chrome in Vancouver, and with the only set of angel eyes for that gen X5....not your everyday X5 so look out for it!
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Old 03-09-2006, 03:06 AM
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Originally Posted by a_bu_lo
Wow...
You are so young!! 19 yrs old!! from X5->TL
anyways...
It wasn't OpenRoad Toyota was it?
Since I am from Vancouver too, I wanna to know which dealer it is! Thx

Thanks... i had a jetta before all that and just kept putting money into it. By the time I sold it I sold a 1994 Jetta for $21000! With that money, and from what I had saved up...I bought the X5.
Now im workin my ass off to pay off this 5800 remainding for the TL!
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Old 03-09-2006, 03:14 AM
  #83  
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Where you working?
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Old 03-09-2006, 05:35 AM
  #84  
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'as is' is what it means i feel so sorry for the dealer ... NOT ... lol about time
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Old 03-09-2006, 07:33 AM
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Did you answer the questions on a "trade -in" sheet concerning the condition of your BMW and then sign it? If not, you're probably o.k.
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Old 03-09-2006, 08:02 AM
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Originally Posted by houdaman
Thanks... i had a jetta before all that and just kept putting money into it. By the time I sold it I sold a 1994 Jetta for $21000! With that money, and from what I had saved up...I bought the X5.
Now im workin my ass off to pay off this 5800 remainding for the TL!
So, let me get it strait: From your replies, you are 19, and had before your X5 one car - Jetta (my assumption of course). Yet you stated to a dealer that you write “Sold as is” on every car you sell. Something is fishy here.
The way I see it is that you knew exactly what you are trading in and took advantage of the dealer. I am sure that if you buy used car from dealer with no warranty and come back 2 weeks later with your problem, dealer will tell you to take the hike. From that perspective you and Toyota dealer are even.
As someone once said “There is a letter of the law, and there is a spirit of the law”. You picked the first one, and now you are one on one with your conscience, pal.
I think it’s immoral to ask this forum to be your ethics supporter.
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Old 03-09-2006, 10:15 AM
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Originally Posted by Clickit02
So, let me get it strait: From your replies, you are 19, and had before your X5 one car - Jetta (my assumption of course). Yet you stated to a dealer that you write “Sold as is” on every car you sell. Something is fishy here.
The way I see it is that you knew exactly what you are trading in and took advantage of the dealer. I am sure that if you buy used car from dealer with no warranty and come back 2 weeks later with your problem, dealer will tell you to take the hike. From that perspective you and Toyota dealer are even.
As someone once said “There is a letter of the law, and there is a spirit of the law”. You picked the first one, and now you are one on one with your conscience, pal.
I think it’s immoral to ask this forum to be your ethics supporter.

1. So what if im 19? I didnt do anything illegal
2. I had a Jetta, Accord, X5, now TL.
3. How is that fishy and "I knew exactly what I was trading in"?
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Old 03-09-2006, 10:59 AM
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Originally Posted by houdaman
1. So what if im 19? I didnt do anything illegal
2. I had a Jetta, Accord, X5, now TL.
3. How is that fishy and "I knew exactly what I was trading in"?
I agree with you man. I don't think you did anything immoral. Your age, nor the car you owned before your X5 have anything to do with this. Bottom line is you sold as is. Dealer signed on the bottom lines.

It's a done deal. Let me know what the lawyer says. I hope everything works out.
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Old 03-09-2006, 12:46 PM
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Originally Posted by Clickit02
So, let me get it strait: From your replies, you are 19, and had before your X5 one car - Jetta (my assumption of course). Yet you stated to a dealer that you write “Sold as is” on every car you sell. Something is fishy here.
The way I see it is that you knew exactly what you are trading in and took advantage of the dealer. I am sure that if you buy used car from dealer with no warranty and come back 2 weeks later with your problem, dealer will tell you to take the hike. From that perspective you and Toyota dealer are even.
As someone once said “There is a letter of the law, and there is a spirit of the law”. You picked the first one, and now you are one on one with your conscience, pal.
I think it’s immoral to ask this forum to be your ethics supporter.
don't want to start a fight or anything... but how "moral" do you thin you are?? how "moral" are dealers these days? There's nothing wrong with 19 year old person driving X5... or is it wrong for 59 year old driving 95' Honda civic?
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Old 03-09-2006, 12:56 PM
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Has anyone called the dealer inquiring about the X5 yet...???
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Old 03-09-2006, 01:02 PM
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Originally Posted by houdaman
1. So what if im 19? I didnt do anything illegal
2. I had a Jetta, Accord, X5, now TL.
3. How is that fishy and "I knew exactly what I was trading in"?
Let me first to clarify: Nothing wrong or illegal in being 19 and to drive any car, X5 including. I did not even attempt to state it. Also, you did not do anything illegal at all. But that is not a point. The point is that you knew exactly what is wrong with your car when you traded it in. Don’t try to imply here that you had not idea about your car condition, after BMW dealer spelled out for you in writing potential engine problems. What they have done, most likely is to mask a problem up until it would come back later. You prove my point saying that you wrote “Sold as is”. I’m not dealer, but I have traded in many cars and never ever wrote this statement (may be I was too stupid). To average person it would not come to mind to write it, unless he/she knows that there is a problem that may surface.
Once again, my point is that there is nothing illegal was done, nothing.
Were your actions moral? That was my point. You posted your story not only looking for advice and to share it, but also looking here for moral support. It would be very disappointing if a lot of people will offer it to you.
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Old 03-09-2006, 01:09 PM
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Originally Posted by yohan81718
don't want to start a fight or anything... but how "moral" do you thin you are?? how "moral" are dealers these days? There's nothing wrong with 19 year old person driving X5... or is it wrong for 59 year old driving 95' Honda civic?
You are attempting to start a fight. What does my post have to do with MY morality? Do you have anything to question it? If you do, bring it on. If you don’t, keep you arguments civilized.
Re dealer’s morality: Do you believe that all car dealers are immoral? Bunch of good people working in dealerships, and they all immoral, are they? BTW, is that OK to be immoral if the dealer you are dealing with is immoral?
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Old 03-09-2006, 01:21 PM
  #93  
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this is probably one of the greatest threads ive read so far
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Old 03-09-2006, 01:21 PM
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I put 'as is' on all my car sales regardless of the condition of the car. It is to protect yourself from any a$$holes out there that try to get one over on you. What is to stop someone from buying your car, racing and overrevving the engine two days later and then claiming you sold them a bad car and since you did not put sold 'as is', they are going to sue you.
Putting 'As Is' is just to protect yourself. If you do not put that on the cars you sell, you are potentially exposing your rear end to some headaches.
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Old 03-09-2006, 01:32 PM
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Originally Posted by Clickit02
Let me first to clarify: Nothing wrong or illegal in being 19 and to drive any car, X5 including. I did not even attempt to state it. Also, you did not do anything illegal at all. But that is not a point. The point is that you knew exactly what is wrong with your car when you traded it in. Don’t try to imply here that you had not idea about your car condition, after BMW dealer spelled out for you in writing potential engine problems. What they have done, most likely is to mask a problem up until it would come back later. You prove my point saying that you wrote “Sold as is”. I’m not dealer, but I have traded in many cars and never ever wrote this statement (may be I was too stupid). To average person it would not come to mind to write it, unless he/she knows that there is a problem that may surface.
Once again, my point is that there is nothing illegal was done, nothing.
Were your actions moral? That was my point. You posted your story not only looking for advice and to share it, but also looking here for moral support. It would be very disappointing if a lot of people will offer it to you.

so what you are saying that he shouldve fixed the X5 before trading it in? dont make sense at all. everyone trades in their "old" or "problem cars" all the time to the dealer. dealerships usually just send it off to the auction anyways. in my opinion, F the dealer. they tested the car out before signing off on the trade. can i sleep at night knowing that i SCREWED the dealer? YES, like a baby!!! morals? do STEALERSHIPS have any? then why should I. enojoy your ride, get the rims, etc...
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Old 03-09-2006, 01:38 PM
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Oh please, unless you think a dealership is going to disclose that a car has been hit or is damaged, dont bitch at this guy.

The only thing I would have done different was I would have NEVER written on their contract AS IS, and I would have told them to file suit and suck my cock.


Do you think if you take back the car you purchased because there is a problem they give a fuck? No, why not? Contractually they dont have to, and neither do you!
It's their job to inspect, that's what they do.
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Old 03-09-2006, 01:41 PM
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Originally Posted by aw1
so what you are saying that he shouldve fixed the X5 before trading it in? dont make sense at all. everyone trades in their "old" or "problem cars" all the time to the dealer. dealerships usually just send it off to the auction anyways. in my opinion, F the dealer. they tested the car out before signing off on the trade. can i sleep at night knowing that i SCREWED the dealer? YES, like a baby!!! morals? do STEALERSHIPS have any? then why should I. enojoy your ride, get the rims, etc...

AMEN!!!
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Old 03-09-2006, 01:51 PM
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Originally Posted by sharontha
AMEN!!!

I second that!
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Old 03-09-2006, 02:48 PM
  #99  
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Originally Posted by Clickit02
Let me first to clarify: Nothing wrong or illegal in being 19 and to drive any car, X5 including. I did not even attempt to state it. Also, you did not do anything illegal at all. But that is not a point. The point is that you knew exactly what is wrong with your car when you traded it in. Don’t try to imply here that you had not idea about your car condition, after BMW dealer spelled out for you in writing potential engine problems. What they have done, most likely is to mask a problem up until it would come back later. You prove my point saying that you wrote “Sold as is”. I’m not dealer, but I have traded in many cars and never ever wrote this statement (may be I was too stupid). To average person it would not come to mind to write it, unless he/she knows that there is a problem that may surface.
Once again, my point is that there is nothing illegal was done, nothing.
Were your actions moral? That was my point. You posted your story not only looking for advice and to share it, but also looking here for moral support. It would be very disappointing if a lot of people will offer it to you.
he didnt force the dealer to take in his X5, the dealers can look at it, they can run tests on it, its a used car and if he felt writing sold thats to be safe, and not get screwed over at the end, the dealers couldve said oh we dont want you to write that but they didnt, so its their problem, in cali ive seen when you buy a USED car AT the dealers they AS IS, so why can we as the buyer do the same, they say once you drive it off the lot its none of their responsibility, so this time the dealers got screwed instead of the customer and they apparetnly dont like the taste. so moral or immoral has shyt to do wid it.
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Old 03-09-2006, 03:38 PM
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Without getting into the moral debate, I would have done the same thing! But I would not have done that if I was selling to a private party. But doing it to a dealer gives a certain amount of satisfaction.
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Old 03-09-2006, 04:24 PM
  #101  
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Originally Posted by FightingTL
The only thing I would have done different was I would have NEVER written on their contract AS IS, and I would have told them to file suit and suck my cock.
By including the AS-IS statement on the contract he nullified anything the dealer could do. Had he not put that in, they could have come back and killed the deal upon finding the car needed "major" repairs. He did the "right" thing to protect himself. While I do feel it was kind of shady, it is the exact same thing the car dealers do. What goes around, comes around!

P.S I have always put on the contract AS-IS when I'm trading in car. It protects you from the dealer.
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Old 03-09-2006, 05:04 PM
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Originally Posted by chfields
By including the AS-IS statement on the contract he nullified anything the dealer could do. Had he not put that in, they could have come back and killed the deal upon finding the car needed "major" repairs. He did the "right" thing to protect himself. While I do feel it was kind of shady, it is the exact same thing the car dealers do. What goes around, comes around!

P.S I have always put on the contract AS-IS when I'm trading in car. It protects you from the dealer.

Not from canada so I wont speculate about his contract.


Go read a trade in deal from a dealership.

It's not a bad idea to do it if you wont read the contract itself, but I havent seen a car deal (trade in/purchase) that I've done that doesnt stipulate as-is.


FYI, common usage and local custom also work when something is not included in a contract. Summary Judgment is your friend.
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Old 03-09-2006, 05:17 PM
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UPDATE
~MARCH 9~

The X5 has been taken off the used car listings at Toyota.

I called the Toyota Manager and I couldnt get ahold of him, so i left him a voicemail basically saying what my lawyer told me to say:
-You guys are the dealer you had ample time to look at it
-I didnt conseal anything
-I put as is
-pretty much a case of buyer beware


EXACTLY 43 MIN after I left that msg, I got a voicemail saying this from the Manager...

"Alex its Mike, the term is "Caviot Emptor" which is Greek for buyer beware. In contractural law there is a clause for misrepresentation, you should speak to your lawyer about misrepresentation. They havent given you good advice. My lawyer that deals with this on regular basis will be forwarding you a letter explaining the lein process that we will be putting on the vehicle and the process of retreiving the vehicle back from you. If you would like to discuss the legal proceedings that will incure moving forward, please feel free to call me at ***-**** and ill be happy to discuss with you what our next steps are. We will let a court and a judge decide in our favour because we know that the info that we have is in our favour with respect to you knowing the engine problem before trading it in. Please feel free to call me back ill be in until 6."


I called my lawyer and told him what he said in the message, and my lawyer said:
1. He might just be talking out of his ass
2. I doubt he can put a lein because the TL is fully paid off, the only thing they can do is sue you.
3. Their lawyer will probably send you a demand letter in the mail saying this will happen...and such. You will have 2 weeks to reply to it.
4. If they feel that they are in the right, they possibly might tow away your TL from your house or work, or they might even have a extra key so be careful


WTF I paid for the TL in full! PPL just cant start takin/towing away my car!!
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Old 03-09-2006, 05:27 PM
  #104  
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start having the dealership talk solely to your lawyer. i think five or six other people gave this advice as well.
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Old 03-09-2006, 05:37 PM
  #105  
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I was talking to my dad just for an idea what he thought. Assuming you have fully paid for the car and they tow it you can get them for theft.
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Old 03-09-2006, 05:39 PM
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what a dumass...prolly gonna cost you more in legal fees than it wouldve to just make some sort of settlement to fix the beemer. what goes around, comes around for sure.

cant believe all the support you gettin here for bein a thief...did it suddenly become cool or somethin?
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Old 03-09-2006, 05:47 PM
  #107  
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How is he a theif. BMW said the car was in working conditition.
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Old 03-09-2006, 05:51 PM
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Originally Posted by Rapid1
what a dumass...prolly gonna cost you more in legal fees than it wouldve to just make some sort of settlement to fix the beemer. what goes around, comes around for sure.

cant believe all the support you gettin here for bein a thief...did it suddenly become cool or somethin?
What are you talking about? I didnt steal anything so dont accuse me of doing so.
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Old 03-09-2006, 06:06 PM
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Don't every give up man
Couldn't believe you work yourself to change 3 cars during the past 3 years from 16->19.
I jumped directly from accord to TL
I knew it wasn't an openroad toyota. Cause my dad's cars are done at openroad toyota and openroad lexus. They have awsome service and they are friendly I just started taking my TL to openroad acura about a year ago
DON"T YOU EVER GIVE UPPPP, THINK ABOUT THE HARD TIME YOU HAVE GONE THRU, YOUR HARD WORK
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Old 03-09-2006, 06:19 PM
  #110  
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Dude....why are you even talking to this guy still? You hired an attorney. He told you to tell them this.....if they got in contact with you...I seriously doubt he told you to call them and tell them anything. This seems to be picking a fight. Let him talk to your lawyer, end of story. You can only hurt yourself talking to him, and he would be insane to leave a message to this same effect as you mention above as this is classic harassement. He is still trying to save face at the dealership, thats all. What happened to the dealership legal dept he was talking about yesterday>? His statement, "My lawyer that deals with these types of things on a regular basis seems to be total bullshit to me!" or he would have been naming his lawyer, ect. Dude.....do yourself a favor and quit dealing with this issue and let the professionals you hired deal with it....end of story! If you keep meddling in the issue....I dont want to hear you come back pissing and moaning about what you lost. You can only hurt your case by this continued contacting the dealership. Tell him you are represented by Dewey Cheatham and Howe - and let them deal with this issue. It will go away then....cause then he will know the gig is up. I mean what can he really do here.....sue you? Maybe....if the dealership lets him....but up to now...I havent heard anybody at the dealership calling you but this twit! I would even consider calling your local news station for support (if you have a "call for help guy")......if you really feel you case is solid ad BMW said the car was kosher.....and have it in writing also....I certainly wouldnt hesitate!

I certainly think a report like this on the news would do wonders for their service dept business, huh? Shit...they cant even spot a lemon? Come on...they are in the business...you are not.....bmw said it was good to go.

PS...the reason it went off the market is because this will send it to auction and be done with it. Happens all the time.
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Old 03-09-2006, 06:21 PM
  #111  
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Originally Posted by houdaman
UPDATE
~MARCH 9~

The X5 has been taken off the used car listings at Toyota.

I called the Toyota Manager and I couldnt get ahold of him, so i left him a voicemail basically saying what my lawyer told me to say:
-You guys are the dealer you had ample time to look at it
-I didnt conseal anything
-I put as is
-pretty much a case of buyer beware


EXACTLY 43 MIN after I left that msg, I got a voicemail saying this from the Manager...

"Alex its Mike, the term is "Caviot Emptor" which is Greek for buyer beware. In contractural law there is a clause for misrepresentation, you should speak to your lawyer about misrepresentation. They havent given you good advice. My lawyer that deals with this on regular basis will be forwarding you a letter explaining the lein process that we will be putting on the vehicle and the process of retreiving the vehicle back from you. If you would like to discuss the legal proceedings that will incure moving forward, please feel free to call me at ***-**** and ill be happy to discuss with you what our next steps are. We will let a court and a judge decide in our favour because we know that the info that we have is in our favour with respect to you knowing the engine problem before trading it in. Please feel free to call me back ill be in until 6."


I called my lawyer and told him what he said in the message, and my lawyer said:
1. He might just be talking out of his ass
2. I doubt he can put a lein because the TL is fully paid off, the only thing they can do is sue you.
3. Their lawyer will probably send you a demand letter in the mail saying this will happen...and such. You will have 2 weeks to reply to it.
4. If they feel that they are in the right, they possibly might tow away your TL from your house or work, or they might even have a extra key so be careful


WTF I paid for the TL in full! PPL just cant start takin/towing away my car!!
I doubt that the dealer could just tow your car away. That's called Theft. You should call the police on them. They sure as hell cant put a lien on your car, as they have no financial interest in the car and no established legal financial claim against you. The only recourse they have is to get a court judgement first before taking any action.

Think of it this way. What if this wasn't a dealership but a private person? If someone didn't need a court judgement before putting a lien on a car or towing it away, then if I, as a private person, sold you a car, then got pissed at you, I could just go put a lien on your car or tow it away. hell, anyone could put a lien against anyone else's car, house, etc.

Point is, regardless of who the offended party is, there must be a legal decision by a court of law or mutually agreed upon arbitrator before they can take action. Thats why there is a legal system and court system.

Anyway, I have no idea why the dealer thinks there was any misrepresentation going on here. From every contract I've read, you have no obligation to disclose anything, other than odometer accuracy when selling a car, in the US anyway. The reason you have to disclose odometer accuracy is because you sign a statement on the title saying "I swear under penalty of law that the odometer reading is correct". Now unless you signed something that says "I swear that the car has no mechanical defects blah blah blah" or similar, there is no misrepresentation.

I'm a little surprised at the answers your lawyer gave you, frankly. I dont know how the answer could be anything other than 1, the manager is talking out of his ass.

I would echo suggestions here of not communicating with the car dealership anymore, and waiting for them to send you a letter. I'd be even more curious to see what the letter says, so please post it if you get it.

My guess is that the manager will call you a few more times to try and intimidate you and then if you dont respond, he will let the issue drop.
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Old 03-09-2006, 06:23 PM
  #112  
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Sounds to me like you're getting good advice from your lawyer and option "1" is the most likely. I think they think because you're 19 you're inexperienced and they can take advantage of you. If they tow it, I would immediately call the popo and report it stolen.

As to morally wrong, I don't think so. BMW said there was a POSSIBILITY exploratory surgery needed to be done to determine if you needed a new engine. Not you need a new engine, but these plugs will make it work for a week.
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Old 03-09-2006, 06:34 PM
  #113  
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The reason they took it off the market dude...is because they are gonna send it to auction. Given what they know/think at this point...it is the best move for them because most likely they took to over to the BMW dealer to see if they would trade it or take it (especially if the BMW dealer could make it a "certified used car" or whatever BMW's plan is)....and thats where they learned it wasnt worth jack to BMW and the history. Now they are left to wholesale the car at auction (prolly not their original plan). Often times dealers will pass cars between themselves BMW to BMW across the street, ect. for a like value Toyota or something that BMW took in on trade, ect. or they simply were trying to get a history on the vehicle to boast its value somehow and then found out. I mean...why in the hell would they have been at the BMW dealer discussing your car? Unless they were just now really looking at it for the first time closely....which again...is not your problem. Guy should have made that call over to BMW service when he saw you write "as is" on it, if it was that out of place? I think the only reason that they took the car off the market as you call it was because they are gonna dump it at the auction. Again though...dont talk to this guy at all any more....
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Old 03-09-2006, 06:34 PM
  #114  
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Originally Posted by Rapid1
what a dumass...prolly gonna cost you more in legal fees than it wouldve to just make some sort of settlement to fix the beemer. what goes around, comes around for sure.

cant believe all the support you gettin here for bein a thief...did it suddenly become cool or somethin?

he can request that losing party pays all legal expenses. second, what exactly did he steal?
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Old 03-09-2006, 06:45 PM
  #115  
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Wow. What a shady dealer. You did nothing wrong, dude. If I were in your shoes, I'd let the lawyer handle this, from what you are telling us the judge will laugh the case out of court.

Nice to see a bad dealership take it in the ass for once.
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Old 03-09-2006, 08:15 PM
  #116  
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Originally Posted by MichaelBenz
Dude....why are you even talking to this guy still? You hired an attorney. He told you to tell them this.....if they got in contact with you...I seriously doubt he told you to call them and tell them anything. This seems to be picking a fight. Let him talk to your lawyer, end of story. You can only hurt yourself talking to him, and he would be insane to leave a message to this same effect as you mention above as this is classic harassement. He is still trying to save face at the dealership, thats all. What happened to the dealership legal dept he was talking about yesterday>? His statement, "My lawyer that deals with these types of things on a regular basis seems to be total bullshit to me!" or he would have been naming his lawyer, ect. Dude.....do yourself a favor and quit dealing with this issue and let the professionals you hired deal with it....end of story! If you keep meddling in the issue....I dont want to hear you come back pissing and moaning about what you lost. You can only hurt your case by this continued contacting the dealership. Tell him you are represented by Dewey Cheatham and Howe - and let them deal with this issue. It will go away then....cause then he will know the gig is up. I mean what can he really do here.....sue you? Maybe....if the dealership lets him....but up to now...I havent heard anybody at the dealership calling you but this twit! I would even consider calling your local news station for support (if you have a "call for help guy")......if you really feel you case is solid ad BMW said the car was kosher.....and have it in writing also....I certainly wouldnt hesitate!

I certainly think a report like this on the news would do wonders for their service dept business, huh? Shit...they cant even spot a lemon? Come on...they are in the business...you are not.....bmw said it was good to go.

PS...the reason it went off the market is because this will send it to auction and be done with it. Happens all the time.

Sorry to make it clear, I consulted one for advice, didnt technically "hire" him. Youre right though I wont be contacting him anymore, and just see how it goes from here...I am taking a extra precaution though:
1. Taking out the fuel pump fuse when I park overnight or at work
2. Putting something over the VIN
3. Taking off my license plates at night
They cant tow/take it if they arent sure tahts the car!
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Old 03-09-2006, 08:24 PM
  #117  
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Originally Posted by houdaman
Sorry to make it clear, I consulted one for advice, didnt technically "hire" him. Youre right though I wont be contacting him anymore, and just see how it goes from here...I am taking a extra precaution though:
1. Taking out the fuel pump fuse when I park overnight or at work
2. Putting something over the VIN
3. Taking off my license plates at night
They cant tow/take it if they arent sure tahts the car!
its not hard for them to find out which car is which, numerous ways of finding if its yours or not even if you do what you are saying.....also be careful what you say here, it too can be used against you if something did arise.
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Old 03-09-2006, 08:25 PM
  #118  
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One thing that sucks over here in Canada is that, if they do sue me, it will be going in Small Claims Court (up to $25,000)

In small claims, if I am the winner or loser I cant get any legal fees back from them, and neither can they from me.
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Old 03-09-2006, 08:27 PM
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Originally Posted by BrandonClaps
its not hard for them to find out which car is which, numerous ways of finding if its yours or not even if you do what you are saying.....also be careful what you say here, it too can be used against you if something did arise.

Yeah I guess your right, but what else can I do...
I havent been saying anything to mess up my situation(well at least I dont think I did), im just explaining the story and getting feedback...
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Old 03-09-2006, 08:35 PM
  #120  
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Let the lawyer do the talking. I've dealt with enough attorneys. The dealer is blowing smoke. Nothing left to say!
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