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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > General E90 Sedan / E91 Wagon / E92 Coupe / E93 Cabrio > dealer offer or lemon law?



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      02-11-2010, 05:39 PM   #1
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dealer offer or lemon law?

ok, after 3 failed hpfp most recent one two days ago and a failed low pressure and high pressure sensor the dealer called me today and said since i was losing confidence in the car they would terminate my lease early and put me into a new car at invoice. they would also give me back my miles that i pre-bought for the car. even if this is a fair offer there is not a lot of cars with a mt around right now since they are getting ready to change model years. also when i asked about ordering a new one they were open to that and the dealer warned me that the cost of money would be higher when a new car comes out the first few months. any thoughts on how to handle this situation?
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      02-11-2010, 06:16 PM   #2
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Well... You will get more $$ if you lemon it, but its more of a process.
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      02-11-2010, 06:25 PM   #3
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So the dealership is looking to make some $$$ by selling you another car at "invoice." What a great favor! Invoice is meaningless in the car business, there is holdback making invoice very nice and profitable. Then BMW plays games with marketing and training fees.

Time to squeeze some lemons imho.
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      02-11-2010, 06:41 PM   #4
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Quote:
Originally Posted by John 070 View Post
So the dealership is looking to make some $$$ by selling you another car at "invoice." What a great favor! Invoice is meaningless in the car business, there is holdback making invoice very nice and profitable. Then BMW plays games with marketing and training fees.

Time to squeeze some lemons imho.
if i remember i dont think bmw does holdbacks. there one of the few manufactures that dont.
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      02-11-2010, 06:42 PM   #5
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interested in hearing how this turns out
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      02-11-2010, 06:54 PM   #6
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Quote:
Originally Posted by battlehawk1025 View Post
if i remember i dont think bmw does holdbacks. there one of the few manufactures that dont.
Good catch, you are correct!

http://www.edmunds.com/advice/incent...ack/index.html

I guess they rely on the "training" and "marketing" fees, as well as the extended warranties, maintenance, tire and protection packages....
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      02-11-2010, 07:24 PM   #7
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It sounds like the dealer is trying to make good on this issue. However, I might suggest you cross check against another dealer in a different state to hold your guy accountable. I would think someone in the BMW club (or on this forum) would have a friend at a dealership to help you keep your guys honest. Don't forget to ask for the free trip to the Performance Center in South Carolina. Well worth it!!

Last thought: There are MT's out there. Make them get you what you want. The offer is only good if they truly make good on an equal trade.

Best of luck!
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      02-11-2010, 07:53 PM   #8
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i would say lemon
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      02-11-2010, 08:02 PM   #9
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      02-11-2010, 10:48 PM   #10
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no brainer...get a brand new car for free
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      02-12-2010, 09:08 AM   #11
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Quote:
Originally Posted by veightkiller View Post
Definitely Lemon!
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      02-12-2010, 09:48 AM   #12
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If your relationship with your dealer is important to you then work with them. At this point I would jump all over the opportunity to get a 335is. Invoice is a good deal -- normally a grand or so over invoice is about as good as you can get on an order.
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      02-12-2010, 09:58 AM   #13
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angler,

i've successfully lemoned 3 cars, 2 bmws (03 x5 4.4 and 02 e46 m3). not sure how you get the money in a lease situation...as cars in my case were bought. but i'll say this - make sure get bmwna involved - write a letter, send it to corporate. they are FIRST CLASS in taking care of things like this. keep us posted.
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      02-12-2010, 10:07 AM   #14
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how long is your lease, or rather, how many months are they going to pick up for you?
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      02-12-2010, 10:07 AM   #15
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Quote:
Originally Posted by angler View Post
ok, after 3 failed hpfp most recent one two days ago and a failed low pressure and high pressure sensor the dealer called me today and said since i was losing confidence in the car they would terminate my lease early and put me into a new car at invoice. they would also give me back my miles that i pre-bought for the car. even if this is a fair offer there is not a lot of cars with a mt around right now since they are getting ready to change model years. also when i asked about ordering a new one they were open to that and the dealer warned me that the cost of money would be higher when a new car comes out the first few months. any thoughts on how to handle this situation?
The dealer may be willing to give you a new car under the original lease terms (e.g. you get a newer car under the remaining lease term with the same payment and original buyout amount). My brother and sister-in-law had that happen with a 2006 Passat 2.0T Sedan. They got a replacement 2007 and bought it at the end of the lease term for the original 2006 buyout price.
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      02-12-2010, 10:11 AM   #16
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People are correct in saying no holdbacks but there is some "trunk money" in the form of marketiing dollars but it's not much say 200 or 300 per vehicle. I have a business acquaintence that I get my cars thru, owns several dealerships, and as long as I take from his inventory that's the deal he does for me his cost plus that money. If they order or trade the rationale is different and I'm not sure if that is available hence the reason they always want more for an order. I would think you are going to get more monetary compensation if you lemon versus invoice. I would play the angle of dealer cost plus his money from BMW corporate unless your situation is you would need to purchase or use this dealer in the future as they may not be happy if you work them over. If you lemon go thru BMWNA.
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      02-12-2010, 01:46 PM   #17
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Quote:
Originally Posted by veightkiller View Post
+1
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      02-12-2010, 01:57 PM   #18
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Quote:
Originally Posted by Bobble View Post
People are correct in saying no holdbacks but there is some "trunk money" in the form of marketiing dollars but it's not much say 200 or 300 per vehicle. ....
The trunk money amount varies per car / local / marketplace.
I got a $1,200 credit in Trunk Money on my e92 purchased 6/2008.

The marketing (MACO) varies from dealer to dealer, and I found a dealer who didn't participate, so mine was $0. The training, I understand, is non-negotiable.

The $tealerships to watch out for also tack onto the "invoice", extra fees like Dealer Prep, Washing, Gas fillup, and document fees (Tag & Title) that exceed reasonable filing fees.

So "Invoice +" as a purchasing method is outdated, as the dealers know how to get around it to squeeze extra from you.

Also, I don't know the actual Lemon Law specifics for your area, but you should be able to find it on the internet easy enough (most big cities have law firms that specialize in this --- and put the law up on their websites). You should check to see if the law applies to leases, vs purchased.
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      02-12-2010, 01:57 PM   #19
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In your correspondence stick to the facts and leave emotion out of it. For example, don't complain about not getting a BMW Loaner.
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      02-12-2010, 02:21 PM   #20
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You have a lease, an obligation, that you bought into, and the car has not turned out very well so far. The dealer is offering to make it good for you but buying back the car (getting you out of the lease) and giving you another car at invoice. I think that is more than fair.
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      02-12-2010, 02:23 PM   #21
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I actually got 500 over invoice even ordering my 335i. It's definitely possible to get less than $1000 over invoice when ordering. I also did the PCD and it was well worth it. I bought my car when the car market was tanking really bad so maybe that has a factor as well.
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      02-12-2010, 04:51 PM   #22
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