Used Cars: Pre-Owned BMW dealer rip-off, carfax report, 2005 bmw 325

Question
QUESTION: Hi,

Less than two weeks ago, I purchased a 2005 BMW 325 convertible from a BMW dealer in California. The car was Certified Pre-Owned. My detailer told me the paint looked bad (like a bad repaint), and when I took it to my mechanic he confirmed that it was repainted and had at least one major dent repair. The CARFAX report came up clean, but things happen that don't get reported all the time.

My question is: how should I handle this problem with the dealership? They clearly had no qualms about scamming me once. Is it possible to make them take back the car? Should I keep it and seek diminished value and a repaint on them?

Any advice would be very helpful!

ANSWER: Hi Jason, thanks for the question.  First you are assuming that the dealership scammed you. It is possible that the dealer didn't know. You have to keep in mind that dealers buy and sell hundreds of cars each month and no matter what the salesman tells you they don't know everything about the cars.
Second, just because a car has had a dent repaired doesn't make it a bad car. The clean Carfax report is telling you that it wasn't a "major" repair. Only repairs that require a police report or Insurance claim end up on Carfax. The big question here is, where you told that the vehicle was all original and never had any kind of paint work? If so than you should be upset and want some answers.
If you want to pursue this with the dealer keep in mind that the dealer is the only one that can help you in this situation. If you are loud, rude or demanding they may do nothing for you. So explain you concerns and see if they are will to help in any way.  In my opinion buying a car that has had a dent repaired doesn't make it a bad car. However if you bought the car and were under the impression that it never had any kind paint work than you have every right to be upset. However I don't think you can make them take it back since its not illegal to sell a car that has been repaired. If it was misrepresented then that may be a different story. Whatever you choose to do check with your local DMV to see what exactly the laws are concerning "selling a car that has been previously repainted" if there are any. Good luck to you my friend, thanks again for the question.  Shane

---------- FOLLOW-UP ----------

QUESTION: Hi Shane,

I went to see the used car manager at the dealership today. Unfortunately, it was not productive. I agree -- it's not illegal or fraudulent to sell a car that's had a repaint or even dents. But bear in mind this is a Certified Pre-Owned vehicle, and under California law they are required to disclose the findings of the Certified Pre-Owned report, which you can easily find on the BMW website. It lists fields for every body panel, including "fit and finish" for each. In my mind, "fit and finish" implies quality of paint and presence of bondo for dent repair. They did not disclose this information to me.

Anyway, the used car manager was only willing to have his body shop look at the car and consider options. He was unwilling to let me have the car re-surfaced at a shop of my choosing, unwilling to consider taking the car back, and unwilling to consider recompense for diminished value. He was trying to telling me that "fit and finish" does not include the quality of the paint job or presence of prior body work/dents, so it is not covered under the CPO policy. Is that true? I find it hard to believe.

My next move is to talk to the general manager of the dealership ASAP, then the corporate office of their parent company (Sonic Automotive). If none of that bears fruit, I will file a claim in small claims court.

Any other thoughts you have -- particularly on this "fit and finish" issue -- are appreciated.

Thanks again,
Jason

Answer
Hey Jason, It sounds like your going about this the right way. I agree that "Fit and Finish" by definition would be the quality of any paint and or body work on the vehicle.The question here is what is "acceptable" as far as any body repairs? I have went on the BMW website and I am having a hard time find the definition. Do you have the CPO checklist(you should)? If so does it list the paint work? If not it should. If there is in fact "bondo" in the car I would consider that not an acceptable repair but more a "quick fix". As far as the manager, It is not uncommon for them to require that any and all work be performed by his bodyshop. If the car was sent elsewere he cant control the cost involved(he may get a better price from his bodyshop). It also becomes a conflict of interest for the dealer(owner). For example if I owned a shoe store and someone wasn't happy with a shoe purchase, I wouldn't buy them a new pair at another store,I would offer them a different pair within my store. If the used car manager decides to repair a vehicle, he is obligated to use his service or body shop. There is a transfer of money from his dept to another but it stays under one roof. I didn't think they would take the car back or compensate you for the value. However I would talk to the general manager and explain your dissatisfaction. Heshe is the top of the food chain at that store. Keep Sonic as a last effort but let it be known that you will pursue this further.
Good luck to you, let me know how this pans out, Shane