M5MAX

E39 M5

33 posts in this topic

Hi all, interested n knowing actual prices reached at sale no BS please, for E39 M5, nz new or import and kms listed, have a dispute where a dealer has lied to me about m5 and told me itwas deregistered due to family inheritance legal dispute but in truth was deregistered due to being a write off. i have valuations on the car from 3 reputable companies one a BMW dealership and one a classic car valuer. all state 26k or less with write off history, whole front end was replaced including chassis rails back to firewall. these are a classic and rare and collectable but as a write off it is worth a lot less than not being a write off, 83,000kms le-mans blue nz new. but a write off. the dealer sold it to me viw his in trade ad on trademe with link to his other yard stock, but now is trying to deny it was a yard sale. but for this site i only want prices others have sold for, private message me if you dont want to post on this topic here.

Share this post


Link to post
Share on other sites

Just moved this to the General section.  So not to be lost in all the parts for sale.

Share this post


Link to post
Share on other sites

Hi,

Not directly on point but the following case should work to your advantage, recent High court decision.

http://www.nzlii.org/nz/cases/NZHC/2018/111.html

Although you would need information to suggest that the dealer knew it was damaged (and didn't tell you) or that he knew the reason he was telling you that it was de-registered was wrong (Misrepresentation). Both tricky to do unless you have the person that sold him the BMW give you information that he told the dealer the truth.

Share this post


Link to post
Share on other sites

Thanks,  the consumer  act states it is an offence to mislead by passing on information that is not correct whether the seller knows it or not to be true. an in trade seller cannot pass on misleading info, doesnt matter if he believes it to be true or not, it is an offence to pass it on, the onus falls on the seller to do due diligence , this was stated at my first hearing by the tribunal. but thanks for your input

Share this post


Link to post
Share on other sites

will the dealer not take the car back or are they saying that its not their problem.

Buyer beware type of thing.

or, as is where is.

Share this post


Link to post
Share on other sites
53 minutes ago, richard said:

will the dealer not take the car back or are they saying that its not their problem.

Buyer beware type of thing.

or, as is where is.

Dealers can't really do as is where is in NZ. (caveat, they can if it's an auction. If you pay a fixed price, you have full CGA) 

Recently and famously, a dealer was force to take back a Leaf which they had misrepresented battery capacity for. They were also ordered to refund the buyer the costs of the inspection which proved the battery capacity had been misrepresented. As described, this seems like a clear breach of the CGA, and assuming there is documented evidence of misrepresentation. In the case of the Leaf, a third party was used to show misrepresentation. Do you have a statement from the dealer when you bought saying "no accident damage" and a statement from a third party saying "yo, this thing's had its whole front end repaired" ?

Share this post


Link to post
Share on other sites

yes have that statement, he is trying to say he didnt sell via the car yard, but his ad on trademe had all his stock on same profile, profile is in trade, ad offered finance trades transportation and all  emails had his business name on them..and he wont take the car back or pay a settlement for a lower value.

 

Share this post


Link to post
Share on other sites

but what is the remedy under the cga.?Replace is not practical,repair is not practical,refund in full  and take car back?

Share this post


Link to post
Share on other sites
34 minutes ago, M5MAX said:

yes have that statement, he is trying to say he didnt sell via the car yard, but his ad on trademe had all his stock on same profile, profile is in trade, ad offered finance trades transportation and all  emails had his business name on them..and he wont take the car back or pay a settlement for a lower value.

 

 

29 minutes ago, kiwi535 said:

but what is the remedy under the cga.?Replace is not practical,repair is not practical,refund in full  and take car back?

In the Leaf example, the tribunal decreed the dealer had to buy the car back at the original cost, plus cost of diagnostics for the battery. 

http://www.nzlii.org/cgi-bin/sinodisp/nz/cases/NZMVDT/2017/209.html?query=nissan leaf

In that example, the dealer reset the battery meter, which made it read as if the car had a new-like battery, and got caught out.

Share this post


Link to post
Share on other sites

interesting.. i would like the MVDT to force him to buy it back, at full price i payed including the cost to transport it to chch. and i will move on, find another car.

Edited by E30 325i Rag-Top

Share this post


Link to post
Share on other sites

I'm not condoning the dealers antics in any way but it sounds like you paid too much for the car to begin with, regardless of the condition or history, and have now realized your mistake.

 

Share this post


Link to post
Share on other sites

who re registered it.

Share this post


Link to post
Share on other sites

As far as i can find out it was a guy in Wellington, it was certified in wellington

Share this post


Link to post
Share on other sites
On 2/15/2018 at 2:14 AM, GorGasm said:

I'm not condoning the dealers antics in any way but it sounds like you paid too much for the car to begin with, regardless of the condition or history, and have now realized your mistake.

 

No i am not of that mind at all, i think the car as a non write off is worth the price i paid for it, maybe i paid a little bit to much, but not many around under 100,000kms in NZ, i only know of 1 other with less kms than mine.. but as a write off is most surely is worth a lot less, and is less collectible which also affects it's value and will be harder to sell at any price due to it having been a write off. 

Share this post


Link to post
Share on other sites

Sorry to read about your plight. It is stopping you enjoying a great car. I think this is the car I was following myself on Trade Me and if so I remember that there was quite a bit of information in Q&A's about the write off history of the car. So if its the same car there has been information in the public arena (internet) which may strengthen the dealers case.

However from your recent comments it seems you are just trying to establish if you paid too much for it. This is obviously a tricky question as there are so few sales. And so much variation in the cars. I brought mine just over a year ago in the mid 20's , it had sat on the yard for a few months but then had a bit  of $ spent on it by the dealer.  I have since had some interest (unprompted) at a higher figure, a bit of elbow grease from me to groom the car makes people think i have done work on it lol. NZ new 3 owners but at 195kms now.Oxford Green fully original, electric roof , top line stereo, caramel extended leather and working BMW phone makes it a little bit different. 

The other guys will know a lot more than me about other sales but my view if you have paid even up to $35km and you love what you have got...enjoy it! Every time i drive mine I reckon I get $1,000 worth of fun.....just another way of looking at it. Cheers

2 people like this

Share this post


Link to post
Share on other sites

IF only i had the advert you refer to, must have been an earlier advert as the ad i replied to and still have has no Q & A on it, but when i emailed him about the car and asked did the car have any accident history he said no, it had only been dereg due to a legal inheritance dispute, so an earlier ad with Q & A about accident history would prove he mislead me deliberately in a later advert

Share this post


Link to post
Share on other sites

I am pretty sure this will be the same car. I would contact Trade Me as they will have the history on the car and the seller. I can't guarantee it's the same car but then how many low km Le Mans Blue E39 M5's were listed on Trade Me last year? It is worth following up. I was following the car specifically, like many others do who have the same car. Partly as a matter of interest and also to see if they are starting to go up in value which is often speculated. I think the one I saw was on for high 30's or even 40k and I always look at the QA and there was a quite a bit of information around the car being stolen and crashed and it being an insurance write off. I was of course interested to see what it would sell for especially as it was a write off...would it be high 30's or worth next to nothing. Only the market would tell but it sounds like you would not have paid what you did had you known the facts. This makes complete sense.

Despite my earlier comment on paying above the odds just to own one, if the valuers are saying around $26k they are the experts and I guessing you paid thousands more so this is a rip off. There was a Le Mans Blue one with around 190kms listed around Sept last year in Hamilton that was listed around $25k.  Good luck with Trade Me. Hopefully others can help.

Another thought sometimes there  is actual comment on Trade Me posts on this forum and the Trade Me listing is posted along with a lot of comment . There was a bit of comment on this forum on mine so you may even find your info here. I am no good at searching for content on this site sorry....      

Edited by funguymoss
1 person likes this

Share this post


Link to post
Share on other sites

i had my car on in late december early january , and had listed in the ad the fact it was a write off, and there were some Q&A in that ad, do you think this was the advert https://www.trademe.co.nz/Browse/Listing.aspx?id=1502424560 that is the link to my ad. the ad im looking for that may have Q&A in it would be back in oct of 2016, and trademe wont give out info on it as not my advert

Share this post


Link to post
Share on other sites

I can't access the link it says it is expired. It is quite likely that I was looking at your add though. maybe you could screen shot the Q&A  

Share this post


Link to post
Share on other sites
BMW M5 E39 M5 2003
87 people added this to their Watchlist
Listing #: 1502424560
 Dunedin, Otago, NZ
 
 
 
689057721.jpg
  • 689065278.jpg
  • 689065337.jpg
  • 689065387.jpg
  • 689065488.jpg
  • 689065607.jpg
  • 689065828.jpg
  • 689057721.jpg
  • 689056110.jpg
  • 689057469.jpg
  • 689057536.jpg
  • 689057702.jpg
  • 689057803.jpg
  • 689065214.jpg
  • 689065278.jpg
  • 689065337.jpg
  • 689065387.jpg
  • 689065488.jpg
  • 689065607.jpg
  • 689065828.jpg
  • 689057721.jpg
  • 689056110.jpg
  • 689057469.jpg
  • 689057536.jpg
  • 689057702.jpg
  • 689057803.jpg
 
Click to enlarge photo
Key details
  • On road costs
    Included
  • Number plate
    JSP610
  • Kilometres
    88,250km
  • Body
    Le Mans Blue, 4 door, Sedan
  • Fuel type
    Petrol
  • Engine
    8 cylinder, 4941cc
  • Transmission
    Manual
  • Import history
    NZ New
  • Registration expires
    Expired
  • WoF expires
    Oct 2018
  • Stereo description
    in boot cd stacker
  • Model detail
    E39 M5
Background check
Stolen vehicle check
 
 
Money owing check
 
 
Damaged import check
 
 
Re-registered check
 
 
The seller has not bought a Background Check to display on this listing. You can get basic vehicle information and a more detailed report from motorweb.co.nz
Ratings
Fuel economy info 
 
Annual fuel cost of $4,030

Listing Detail Tabs

Features
ABS brakes   Air conditioning   Alarm   Alloy wheels  
Central locking   Driver airbag   Passenger airbag   Power steering  
Sunroof   Towbar  
This is the iconic BMW E39 M5, it was considerd the first ever 4 door supercar, and what a car they are. 
There were only 23 of these sold as nz new from 1999 to 2003, so they are a rare car in NZ, and what with there cult following around the world they are a classic in their own right, collectable and a good investment while being very nice useable and fast V8. 394hp and torque from very low in the rev range all the way to 7,200rpm. 
this car has travelled 88,250kms, just had a service which included brake oil fluid change, engine oil change and oil filter, cabin filters, has new wof. 
The car has had a new OEM clutch and flywheel at 83,000kms, there is nothng to do to this car but enjoy it. 

The interior is very good condition everything works.tires are near new done approx 7000 kms these cars are loaded with extras to many to list but check this page out for a list of extras 

https://www.edmunds.com/bmw/m5/2002/features-specs/ 

The car is for sale, happy to answer on topic questions, viewing is possible test drive will need proof of funds, leave phone number and i will phone you 
This M5 was written off by the insurance company, and then repaired and certified by a qualified certifier seperate to the repair shop as is always the case.It had everything forward of the firewall replaced, including new guards bonnet bumper headlights brake rotors and new chassis rails, the engine was removed while this work was done, and then re-instated in the car. the certifier has told me everything was done properly. 

I bought the car off a dealership in Auckland and was told by the dealer the car was de-registered due to a family inheritance dispute and then re-registered a year later, this however is not true and in fact the car was written off due to an accident, so i am selling it and giving as much information as i can so any buyer can price the car as they see fit, what's it worth ? all and any offers considered with respect. 
$40,000 .

Share this post


Link to post
Share on other sites
20 hours ago, funguymoss said:

I can't access the link it says it is expired. It is quite likely that I was looking at your add though. maybe you could screen shot the Q&A  

that was my ad a month or so again i had just relisted it, from an ad that expired it had Q&A on it, and one question was like... write off f..ked clutch at 80,000km good luck with sale. another was more like half asking price

Share this post


Link to post
Share on other sites

I do remember seeing your advert so this is probably what you sent me is probably what I was thinking of. As you only just posted your thread I thought that you only just bought the car :(. Sorry mate 

 

Share this post


Link to post
Share on other sites

all good mate.

Share this post


Link to post
Share on other sites

About 18 months ago there were a few E39 M5's coming up for sale. Most were in the mid-20k to 30k. However there were two that were listed at $1 reserve by an Auckland dealer - a black one and a green one with kms circa 185km-210km (from memory only - I don't have the ad's). I recall one went for @ $17.5k and the other @ $19k. I was gutted as I had recently acquired an E60 M5 or I would have given these a good shot!

I'm sympathetic to your situation but a valuation of $26k for an M5 with a rebuilt front end is pretty optimistic IMO, even if it has low km. I think the valuers are being rather generous. That being said, I do hope that you enjoy it every time you take out - I know I would be :).

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now