BMW Repair: exploded drum in tranny on 2000 bmw323 i, bmw 323i, cedar rapids iowa

Question
Hi thanks so much for your help.. First of all, the car has a 3 month,3000 mile limited warranty..  the car has 112,000 miles on it. otherwise in perfect shape.  They told him that the battery was not covered. and they put it in before he had a chance to say otherwise. Yes he bought it from European Motors in Cedar Rapids Iowa..  I told him we could do the battery and plugs but he said they would then charge so much for the labor they already put into it, in checking the problem.. They said that if the tranny was found to be their problem they would cover it.. said it was taken apart by a specialist and they said it must have been how he had driven it and so they won't cover it.. He then asked about selling it back to them.. Mind you he paid $13,500 cash.. this was a settlement he got for back surgery he went through.. he wanted to buy a good car and not have any payments..  The car is still at that place and they told him they would give him wholesale price MINUS the tranny repair... wholesale price is $7000.. and minus the 4,000 for the tranny, they wanna give him 3,000. for it.. hes now had it about total of 40 some days.. the kid has a heart of gold and babies his cars.. I feel so sorry for him but not sure how to prove he didn't and wouldn't have done this.. He has a Lancer that is immaculant that hes had for 2 years.. never a breakdown and never any repairs and thats more a race type car.. he still owes on that and was gonna sell it.  he still owes $8000. on that so they won't even give him enough to pay that car off... its truley sickening cuz he spent all his money on that car, which now he totally regrets no doubt... Any ideas would be so wonderful.. thanks so much.. God Bless!          Cathy
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-----Question-----
My son bought a 2000 BMW 323i for which he paid cash.. amongst a few other problems he had in the 35 days he owned it, for which he had to cover, he had a tranny problem.. he hadn't even had the car for 3 weeks when his reverse went out.. He took it into the dealer and the dealer told him that it was due to how he drove it.. he said that the drum had exploded into like 3 peices and this had been due to excessive force from  a nuetral drop.. My boy babies all his cars and takes care of them like no other..  The dealer said that he caused this and therefore he has to pay for the repair.. Is there any chance that this could have been an old problem.. to date he has only had the car for 35 days.. after 1 week of ownership the battery went out and they charged him $450. for battery and spark plugs.. 2 weeks later this... what are the chances that this could have been an old problem? please help.. thanks so much
-----Answer-----
Cathy, did he buy the car from the dealer? If so most dealers will give you a 30 day warranty. At least the battery should have been covered or goodwilled as the battery was probably damaged from the car sitting on the lot with little to no maintenance(starting and rechargeing the battery). How many miles does the car have on it. I would call BMW North America customer relations and CALMLY and POLITELY explain your situation and ask for their help and suggestions. They can be very helpful. Does the car have any Warranty? CPO coverage?
-Evan

Answer
Cathy, In california if you don't sign the repair order or give a verbal approval of repairs to be performed, then you are not liable for any repair costs. If He didn't authorize repairs I don't imagine he has to pay. I would speak to your local Bureau of Automotive Repairs. I also believe that this dealer is not an Authorized BMW Dealer as we do not disassemble these transmissions as there are very few repair parts if any for them. I would Tow the car home and would not deal with this store. I would also call BMW customer relations and talk to someone.
-Evan