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tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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hi, 2 weeks ago i bought a BMW X5 from a dealer (stratstone)

Resolved Question:

hi, 2 weeks ago i bought a BMW X5 from a dealer (stratstone) and on the basis that it was accident free. i since seen overspray on the rear wheel arch mold. i contact them and they admitted that the car had infact small car park accident and has some minor repairs. i pointed out that i bought the car on the basis that they said the car was accident free, and therefore they miss-represented the car. I therefore suggested that they either find a replacement car that matches the spec within 10 days or reimburse me the full amount and i return he car.

below is their reply... essentially telling me that there is noting they can do for me. do i have a case? a sting or weak case?

thanks.

----

Good Morning Ralph

Thank you for your prompt reply ref the 2011 X5 Reg EJ61XZZ you purchased from our dealership earlier this month. First of all I must say how disappointed I am that you feel you have bought a accident damaged car! I can assure you this is not the case and as the car is a 2011 car there could have been minor paint repair work to chips and light scratches inc super market dings and scratches that accrue from daily usage and wear and tear.
As I said all our cars are checked with Experian to make sure there free from major damage, Theft & clear of finance not only for our piece of mind but you the customer. This car has had all this done and you have all these details in the hand over paper work that was supplied to your brother on the day he collected the car on your behalf.
So I have spoken with my manager and I am sorry to tell you that we cannot have the vehicle back as there is no cause for this as the car is fit for purpose.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

Customer:

ok. have you read my outline situatuon? do you have any questions on the detail? what is your advice?

tdlawyer :

All I need to know, to be sure, is whether they told you before you bought the car that it had not had an accident and whether you would have purchased it anyway had they told you it had?

Customer:

yes, they told me over the phone, and see the emial below that confirms this in email...

Customer:

this is his reply to my first email...

Customer:

StartSelection(###) ###-####EndSelection(###) ###-####------ Forwarded Message
From: Paul O'Toole <*****@******.***>
Date: Tue, 24 Jun 2014 14:00:49 +0100
To: ***** ***** <*****@******.***>
Subject: RE: Invoice for Roden

Hi Ralph

Thank you for your contact today, I am fine thank you but now I am shocked to hear your concerns about the car you purchased from me.
First of all I must say that I was not aware of any damage to the car as we carry out Experian checks out on all our cars that we buy in order to make sure that they are Road worthy and free from these types of issues.
What I will say is that I will do my best to clarify this issue and come back to you soon after speaking with my manager today.
Once again I am so sorry for this.
Chat soon


Kind Regards,

Paul M O'Toole
Sales Executive

Stratstone Jaguar, Manchester

Customer:

second email yesterday...

Customer:

StartSelection(###) ###-####EndSelection(###) ###-####------ Forwarded Message
From: Paul O'Toole <*****@******.***>
Date: Tue, 24 Jun 2014 15:56:03 +0100
To: ***** ***** <*****@******.***>
Subject: BMW X5

Afternoon Ralph

I have just spoken with my Manager about your query on the X5 you purchased. To put your mind at rest the car has not had any major damage but the car has had a few light scratches painted. Apparently our DP had the car Bumped in a supermarket and the repair was carried out to manufactures standards as this was a very low speed bump under 5 mph.
All cars purchased are checked out by Experian & all mileage checks are carried out to make sure the used cars we buy are as perfect as can be & ready for our new owners.
This is the Stratstone way.
I trust this is the answer you were looking for. If I can be of any help please contact me and I will get back to you by return.
Hope you have a great day.


Kind Regards,

Paul M O'Toole
Sales Executive

Customer:

StartSelection(###) ###-####EndSelection(###) ###-####

------ Forwarded Message
From: Ralph Roden <*****@******.***>
Date: Wed, 25 Jun 2014 12:48:34 +0400
To: ***** ***** <*****@******.***>
Conversation: BMW X5
Subject: Re: BMW X5

Hi Paul,

Thanks for your reply.

I am indeed disappointed to hear that A. the car was previously damaged, and B. that your management failed to furnish you with this information prior to sale of the X5.

Furthermore, the 2 visible issues (over spray on the plastic molding of the wheel arch + the paint coming off the wheel arch to reveal a white plastic below) can’t be repair carried out to manufactures standards.

But this isn’t the real issue. The real issue is I bought a car from Stratstone on the understanding it was accident free. It transpires that it is not accident free.

Slightly more surprising is that the accident happened in the hands of a Stratstone DP and therefore presumably therefore repaired within Stratstone. And yet the information wasn't shared with you prior to sale. This therefore has to represent a lapse in quality control of some sort, resulting in a car with accident damage being sold as an accident free car.

Paul, both you and I believed I was buying a car that was free from any accident damage. The reality is, this information is incorrect and the car had previous accident damage. And accident damage that wasn’t well repaired.

The absolute truth is, had you told me the car had damage, regardless of how light or heavy, I assure I would not have proceed with buying the car.

If your DP made a mistake and overlooked sharing the fact that the car has accident damage with you prior to sale, I don't believe this is a mistake that I should end up paying for.

So in summary...



  1. I bought a car from you/stratstone on the understanding that the information provided by you/stratstone was accurate.

  2. By chance, a friend from the trade tells me the car has signs of accident damage and (with over spray and paint coming off the plastic wheel arch mould) has not been repaired to bmw/industry standard.

  3. I raise this with you, to discover that a DP of Stratstone was aware of this damage but either decided not to or overlooked the importance of including this in the description of the car.

  4. The result is I bought car for 28,626 pounds from a reputable dealer on the understanding that it was accident free... that was actually involved in an accident.



Paul, I didn't buy a car that was involved in an accident. I don't want a car that was involved in an accident. I am astonished that I find myself in this situation with a reputable dealer.

I therefore suggest one two options as a way forward...



  1. Stratstone find and supply me with a replacement x5 that meets the same spec/year/mileage etc and that is accident free to meet the criteria of the original sale within 10 days.

  2. I return the car in the next 48 hours and Stratstone give me a full refund.



In the meantime, and in the absence of absolute clarity of the accident history of the car I will not be driving it.

I look forward to hearing from you on the above asap please.

Ralph Roden

tdlawyer :

OKay. Then if you wouldn't have purchased it but for the fact you were told it had no accidents, then you may be able to claim misrepresentation.

tdlawyer :

This would entitle you to return the vehicle and demand your money back in full.

tdlawyer :

This is on the basis that the true state of the vehicle (whether told to you innocently, as they say, or otherwise) was misrepresented to you.

Customer:

ok, thanks. what shoudl my next step be? contact a specific type of lawyer? how long do you think it would take?

tdlawyer :

Do you want your money back? What did you pay?

Customer:

28,626 english pounds.

Customer:

on the basis that theyve handled it poorly, yes id liek a full refund and return the car.

tdlawyer :

Then yes, you should go and see a solicitor. The amount is high and you would be in the "proper" court system.

tdlawyer :

As such, you're at risk of costs if you lose, which could make your liability closer to £100k. I would strong suggest you go and see a solicitor to look through this in detail.

Customer:

ok, i'll have a look/think.

Customer:

thansk

tdlawyer :

Thank you. Is there anything more you would like me to address for you?

Customer:

no thanks
R

tdlawyer :

Okay, thank you. Are you happy with my service today please?

Customer:

yes thanks

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