S4iowa

under exceptions....

"New motor vehicles with a true mileage of 1,000 miles or less, <b>unless the vehicle has sustained damage for which the cost of repair exceeds 50% of the fair market value of the vehicle</b>."

which is the only time a DD is used even on used cars.

April

"Vehicles with damage greater than three percent of their value will be repaired and used as employee vehicles for a period of time before being sold at dealer auctions with full disclosure of the damage and repairs. After being sold at auction, the cars will carry the balance of the original factory warranty.

Cars with less than three percent damage will be repaired, after which the dealer, or the customer in the case of a special order vehicle, will be notified of the damage and repair and then given the option of accepting or refusing the car. Any repaired car that is rejected by either a dealer or a customer will be sent to a dealer auction and the vehicle will be replaced with an identical one at the earliest possible time. All repaired vehicles will carry the full factory warranty.

Those customers who were waiting for their European Delivery vehicle to arrive will have the same options and everyone else. Essentially, they can take a similar vehicle from dealer stock, or they can order an identical replacement new from the factory."<ul><li><a href="http://www.motivemag.com/pub/news/BMW_North_America_Confirms_470_Cars_Including_M3s_ and_1-Series_Damaged_in_Shipping.shtml">http://www.motivemag.com/pub/news/BMW_North_America_Confirms_470_Cars_Including_M3s_ and_1-Series_Damaged_in_S

S4iowa

sounds like a good deal

daveak05

while disclosure laws can be a bit gray, the expectation with a new car is that it is in a "new" condition from the factory. not repaired with replacement parts.

a repaired car, even sold new, does not fit the criteria in which it was intended to be offered for sale. with used cars, sold by dealers or private party, there is an implied "worn' condition, and also an expectation of possible accident damage due to it being in use on the road.

i'm not trying to make a legal point here because there are some technicalities that may vary in different situations and different states, but if it was not disclosed, you can go after them and win.

this kind of damage is not the same as minor blems from the factory, or in transit, that are often touched at port or PDI.

daveak05

that's more like it! thanks April.

ryanrS4

I believe BMW's policy is &gt;5% of the cars value they must disclose.

daveak05

something like that may be their own determining factor but they will be nailed if they try and pull that off on the public...IMO.

April

"New Vehicles

* Dealers are required to disclose in writing any damage and repair that exceeds five percent (5%) of the
manufacturer's suggested retail price before you enter into a contract.

* Dealers are not required to disclose any damage to glass, tires, or bumpers if the damaged item has been
replaced with original or comparable equipment.

* If a new car has been repaired for damages that do not exceed 5% of the manufacturer's suggested retail
price, then the dealer is under no legal obligation to tell you about the damage unless you ask.

* If a new car has been damaged more than the 5% threshold, the North Carolina Automobile Dealer's
Association recommends that its dealers disclose it in writing on company letterhead. A copy of this
disclosure should accompany the title submitted to the Division of Motor Vehicles. "


I personally had a few occasions where special order cars were damaged in port/shipping, and disclosed each one. A tricky situation for everyone. If the damage was over $500, I would petition AoA to provide some sort of compensation to the purchaser. Sometimes we would re-order the car if the customer had time.<ul><li><a href="http://www.law.cornell.edu/supct/html/94-896.ZO.html">http://www.law.cornell.edu/supct/html/94-896.ZO.html</a</li></ul>

daveak05

1000 miles doesn't sound right. i think 200 is the limit, at least it used to be...in Calif.

so, when talking about damage disclosure on a used vehicle, again, the expectation of new condition is not there...and, naturally, the price reflects that.

daveak05

anway, that's intersting.

well, i would say inspect the car carefully even after you get it home. because in Calif you have 3 days to return it for full refund, any reason.