Used Cars: Deq, bmw 3x, state emissions

Question
Hi I just bought a 2005 BMW 3x .  The check engine light came on within 24 hours after I drove it off the lot.  I told 2 people at the dealership about it. They said to find out what it was and they would "work with me" on it.  So I went to a repair shop and was informed it was the catalytic converter and it won't pass deq without getting it fixed.  I called the dealer who sent me to another shop that confirmed this.  The first shop said it would cost $1565 the 2nd shop said it would be $2390.  The dealer then said he would be happy to split it with me.  I told him it was his responsibility to pay for it but he kept throwing out that I had 14 days only and then he said 21 days.  Either way I know I am being scammed.  I don't know how to proceed.  I did buy it as is, but I think the deq is their responsibility,,  am I correct?  Thank you

Carrie

Answer
Hi Carrie,

Sorry to hear you are having problems. The short answer is this ...YES you are getting the old car dealer two step dance. The BMW you bought must be able to pass the state  emissions tests and in fact is supposed to pass before it is sold. When the dealer doesn't get an emissions certificate for it prior to sale for whatever reason and when you take it in and it doesn't pass then in Oregon you have up to 60 days for the dealer to fix it so it will pass or unwind the deal and give you all of your money back. No splitsies no cost sharing at all unless you get tricked into agreeing to do it so I am glad you wrote us first. This comes up quite a bit and I haven't found a state yet where the selling dealer isn't 100% responsible for fixing it so it passes or rescinding the deal.

Most states have an emissions law that says if you buy a car and it won't pass a mandatory emissions test, then you may have the right to cancel the sale if you take action promptly after you find out about it. Some sellers and car dealers generally will try to talk you out of it, but these laws generally apply to all sellers and not just car dealers. Cancelling the deal would mean giving them back the vehicle and getting back all of your money. If you are happy with the car, then you may want to try to talk the seller into doing any necessary repairs so that you will keep the car.

My email is roadloans@gmail.com ...just curious if the dealer is a vancouver washington dealer or not and if so who? lol Get back to me and ask as many follow ups as you need to give me the perfect survey results I would like to get ...in the meantime take the car to the dealer and ask him how it wants to handle it...Washington is really tough and their trip permits are usually for only 3 days so tell him he needs to act quickly or he needs to give you your money back because thats the law...then if he still resists tell him your next stop is DMV to file a complaint against him for selling cars that can't get thru the smog tests and see how fast he comes around. Don't be confrontational just be matter of fact and firm ...don't yell and scream just look him in the eye and when he tries to slow dance you stop him and say ..."No I am sorry but times up ...what do you want to do right now ...fix it and give me a car to drive until it's fixed OR rescind the deal and return my money. There are alot of X3 Beemers for sale up there that can pass ...BTW Great choice of cars ...I drive nothing but BMW's (7 series) and I love them