Hi all,
I didn't get an email so I assumed the thread died. Good discussion!
Here is an update. I finally got on the phone with someone from BMW North America. At first, he seemed willing to help, but after speaking with the dealership, he basically backed them up. He said that the certification process does not necessarily cover investigating prior damage, poor repainting, or dent repair -- only frame damage. I STILL find this hard to believe given the FIT & FINISH written in capital letters on the BODY section of the CPO inspection form! So, basically, BMW North America is going to be no help.
Even worse, if this really is their policy, then the CPO program is kinda a scam. I mean, I already know that their extended warranty is a scam (doesn't cover all the very expensive wear and tear), but if the inspection doesn't even have to report properly what's on the form... what is the point??
I am speaking with an attorney ASAP. Since the word from BMW, I feel I am in murky waters and may need representation.
To clear up a few questions:
1) Small claims limit for individuals in LA county is $7500. I would be suing for cost of repairs and diminished value, which would total under $7500. Maybe punitive damages would bring it to the max.
2) The CARFAX was clean and there is probably no frame damage (according to my mechanic, who didn't spend so much time on it since he spotted the shoddy body work off the bat and didn't want to charge me for an inspection until I was certain I wanted it). I assume the car was struck by something (possibly another car) or it struck something like a pole that did significant body damage to the driver's side. That warranted the repaint and the dent repair. Of course, it could be that the previous owner was a terrible driver and had multiple incidents. Dunno.
3) My mechanic spotted the mismatched paint from across the parking lot before I told him anything. So did his assistant. The BMW Monrovia manager acknowledged it just by looking. Nobody who is doing a "certification" that includes FINISH should have left that off the report. As they advertised it as certified, they should have disclosed it. Hell, even if it hadn't been certified, it should have been disclosed, but had it not been certified I would have had the car inspected and never bought it in the first place!
4) Carfax guarantee probably does not apply here. They basically guarantee that their records match the DMV/state records. If this was a minor thing or series of things, then it would never have been reported. No doubt, the previous owner did not report this to the insurance company, otherwise it may have shown up on Carfax depending on the circumstances.
it was bmw riverside for me. HA
