Motor Vehicle Disputes Tribunal

[Young Thrash Driver 1020]

Thinking about taking a dealer in Auckland to the MVDT, thought I'd run it past you guys first...

Bought a E39 530 touring (Jap import, early 03 assembled) in early January. It came with a key that wouldn't remote unlock, a leaking, cracked rocker cover, no spare wheel, and a faulty stereo/TV screen. Didn't notice the rocker cover when I picked up the car, mentioned the key- dealer promised to get onto sorting it, and thanked me for informing him a new key would be required as they can't be opened to be dicked with. This key later fell apart and some glue residue indicated someone has tried to fix it. Dealer told me without prompting there was no spare wheel- I gave him BM World and Hell BM's numbers and he promised to sort it. Txtd the dealer about the faulty screen when we noticed it on the way back to Tauranga, he txtd back "Really???". And thus concludes any and all helpfulness from him.

So... Given that I got no pre-purchase inspection done and did not purchase any mechanical warranty, is this a simple case of caveat emptor? Have I waited too long to take action? Would this complaint likely be successful?

To clarify- I have been happy to spend money as and when things have failed- so far, top radiator hose, radiator cap, ABS module (okay, so maybe the size of that bill made me slightly grumpy), a wheel speed sensor. Servicing and new tires, all no problem. I also sourced my own spare wheel as I took the car to Masterton the next day, and that's a long way with no spare. My issue is with the pre-existing faults which despite the promises, have not been sorted.

[gjm 3258]

Was/is the dealer a member of the MTA? If so, call the MTA. Did they display a CIN?

You're entitled to have small faults rectified.

However, I don't know if you now have recourse after 7 months.   If you have continued to contact the dealer, then I think you should have.

[Young Thrash Driver 1020]

I have a copy of the CIN, and they were a registered dealer so I'm assuming MTA. Didn't think to contact them, I will. Thanks.

[gjm 3258]

MTA membership is voluntary (RMVT isn't), but if the dealer is a member they will help with advice. They tend not to be biased, so they'll not simply support the dealer.

[M3AN 4016]

Key? Yes.

Spare wheel? No, your responsibility.

Screen? Unlikely after 7 months.

IMHO but good luck!

[Young Thrash Driver 1020]

Key and rocker cover are all I am worried about- spare wheel was cheap and the screen is just an annoyance thing. However the key and rocker cover will cost over $1000 to sort on what was supposed to be a reasonably priced car, and given that I traded a quite nice Motorsport 530i on it for $3k, I am not amused at how well this dealer has done out of it all.

[M3AN 4016]

Forgot to give my opinion on rocker cover sorry Colin... it's a crack in the part with "BMW" embossed (?) on it?

If so then it's causing a vacuum leak and seeping oil, correct? How long after purchase did you advise the dealer about this?

 

 

[Young Thrash Driver 1020]

Correct, not the seal but the cover itself. Dealer hasn't been told. Was going to let it all go but a little bird told me I may not have much to loose by trying.

[M3AN 4016]

Oh, I agree that you have very little to lose by trying.

WRT the cover, if you advised the dealer pretty quickly (days not weeks I would think?) then you're in with a good show I reckon. Much outside a few weeks then I think you might have a tougher challenge.

 

[E30 325i Rag-Top 2956]

Tribunal will look at it with respect to the Consumer Guarantees Act, and the concept of saleable quality or whatever it's called.

keep records (or find them) of all your communications with the dealer, if you can show you have been reasonable in your approach and given dealer opportunity to put it right it all counts in your favour.

try MTA first and hopefully won't need the tribunal.