BMW approved used car - breach of contract?

Z

z4wannabe

Member
 London/SE
Put a deposit down on used 5 series at BMW dealership at the weekend. Mutual agreement, I signed, they signed.
I've now taken a call saying they want to refund the deposit and cancel - apparently, following the approved used checks, all 4 wheels are buckled, and they need to do some minor bodywork too, but clearly feel they have undersold it given that total cost.

As far as I am concerned, we have signed at the price agreed, they take the risk and I take the risk. They are not in a position to renege.

Any precedent? Anyone have experience in this?

Thanks.
 
I don’t think you can force them to sell it to you? It just sounds like one of those things, are they rare or hard to find? :?
Rob
 
Sadly, the spec is just right - I've been hunting for this one.

The contract says, subject to the terms and conditions*, I am committed to pay and they will sell the vehicle for the the Purchase Price on the contract. Both parties sign under that.
* The only clause in the T&Cs I can see they can potentially use is if they increase the Purchase Price or fail to deliver.

Clause 14 states:
"If we cancel the Agreement pursuant to Clause 9, or if you cancel the Agreement pursuant to Clause 5 or 11, we will refund your deposit and, provided the cancellation was due to circumstances beyond our reasonable control, we shall have no further liability to you."
(reasonable control?)

Clause 5 states:
"If [BMW] or the importer or other supplier of the Goods changes the recommended price after you have ordered them but before delivery, we will notify you of any revision we propose to make to the Purchase Price. If we propose an increase in the Purchase Price, or a decrease which is less than a decrease in recommended price, you may give notice within 14 days cancelling this Agreement, in which case clause 14 shall apply."
(it's a used car, but I suppose they could change the 'recommended price' - they haven't done this though)

Clause 9 states:
"We may give you notice cancelling the Agreement at any time before delivery if the Manufacturer ceases to make the model or specification of goods, or if we are unable to obtain them from the importer or other supplier, and clause 14 shall apply."
(I don't believe they can claim this)

Clause 11:
"If we fail to deliver the goods within 42 days of the estimated delivery date, you may give us notice requiring delivery. If we fail to deliver within 14 days of receipt of such notice, you may give us notice cancelling the Agreement and clause 14 will apply."
(I suppose they could just fail to deliver - but then I don't see how they could argue it was 'beyond our reasonable control')
 
Very strange.i've bought 5 approved used beemers over the last few years and on every occasion the car was on the forcourt after going thro the checks.
Not checked after they sell it . How can they call it approved unless its gone thro the process before sale.
M
 
They hadn't cleaned it or anything - but they advertised it ahead of completing the prep, subject to completing it before delivery. We agreed bodywork touch-ups etc, but they've clearly found they now need to spend more the wheels than just refurb costs.
 
I’m not sure there’s much you can do to force them to sell you the car. I think it is quite common that during preparation a dealer finds something that raises doubt as to whether BMW will underwrite a car as an approved used vehicle. They might be doing you a favour....

I recall we discussed a used Mini a few years ago with a local Mini dealer and by the time we visited it had been removed from sale after they discovered the steering rack had previously been replaced, so there was a concern that the vehicle had suffered some unrecorded damage in its past and as such they’d could not sell it as an approved used car. It then went to a local independent ‘dealer’ from whom we coincidentally bought another Mini that’s was also rejected by the same Mini dealer for retail themselves as being too high miles for an approved car.

Chris
 
Could they not swap wheels from another second hand 5 series , so your sale happens an then alter the price of the car that the wheels came from
 
A very underhand trick indeed. I work in the trade myself (albeit Ford Commercials) and rule number one is not to have a car on sale until it’s been prepared, to avoid this exact issue. I would stand your ground with this one, at the end of the day it’s their fault for cutting corners, not yours and not your problem either. My advice would be to speak to the Dealer Principle and log a complaint with their head office, I’m sure this will give the sales manager the kick up the arse he clearly needs.

Cheers,

Sean
 
Approved used car = AUC = Always Use Caution

AUC is only a guideline, there are no hard and fast rules. I know this after rejecting a car after finding out the service was over by 8 months. The salesman showed me the book from the other side of the table, and waffled about being an ///M car the servicing had to be 100% etc....

OP you could look at this as a blessing. They could have sold you the car with buckled wheels. You might not have found for 6 month. By that time bmw wouldn’t want to know.

Those T&C though seem to refer to new cars, so not sure they can apply.
 
Not what you want to hear but I would walk away. I've had two BMW AU cars thinking buying from the dealer you get more reassurance and the car will have been prepped to a higher standard but AU isn't worth the paper it's written on. I think it's common practice for dealers to do basic roadworthy checks and fix any other minor cosmetic issues if noticed by the customer i.e. do the least amount of work for maximum profit. Sounds like a rubbish dealer anyways if messing you about.

Tim.
 
When I was searching for an E92 there were loads of cars on BMW's website listed as AUC that weren't actually available, some they hadn't even taken in part ex yet. A couple turned out not to be for sale after they had gone through prep.
 
Could it be that there is nothing wrong with the car but someone they know wanted it so cancelled your purchase?
 
Z4M-2006 said:
4 buckled wheels ?

Really?
Click to expand...

I don't know about latest models but was a fairly common issue where run flats were fitted with the problem and owners appearing on BBC Watchdog. BMW alloys are cheap and nasty anyways, they're poor quality on my M140i , minimal paint on the lugs and inner wheel face, small casting pin holes etc. The alloys on my 2017 Hyundai are perfectly finished and good quality. Since running another make of car I doubt I will be buying another new BMW again.

Tim.
 
How old is this 5 series ?

If this car had 4 buckled wheels then surely it would drive like a broken trolley jack
 
Nictrix said:
Could it be that there is nothing wrong with the car but someone they know wanted it so cancelled your purchase?
Click to expand...

It is either this, or, with 4 buckled wheels means it may have been ‘jumped’ at high speed, affecting shocks, mounts, chassis & has more serious problems.

I would suggest, go visit to politely express your disappointment & ask ‘off the record’ what the real issue with the car is. If it’s considered in bad condition, selling to you who would one day on-sell would cause them future problems... so easier to withdraw
 
Thanks for all the various responses.
The dealer has now come clean on the issue: apart from a few minor cosmetic issues, the four buckled wheels mean they can't be certain this won't then transpire to have also caused suspension damage etc.
So, yes, walking away with deposit and the hunt resumes.
But I did explain point out to them that: a) honesty upfront goes a long way; b) an apology after 3 days is 3 days too late; c) their contract is not fit-for-purpose for AUC cars in this situation.
In return, they will look out for a car with similar spec and 'do a deal'.
 
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