Help! New BMW SUV Delivered but Not as Promised (Missing Four Options)

Lxche166 on 03/12/2017 - 09:52
Last edited 04/12/2017 - 16:51 by 1 other user

Hi guys,

Last month I decided to purchase a SUV; due to family reason. So I when into a dealership asking for some information about a certain model. The sales person then sent me 3 brand new car they have in stock, one black and two white.

The two white cars are the same and have a few extra options listed compared to the black one. I went on their official website to check out whether these options are worth the extra money. The website indicated that 4 of these options were 'standard' and comes with the car. So I emailed the sales person asking him to confirm this. He came back with 'Yes they are standard and will come with the black one' in writing.

So based on this, I have got finance sorted and purchased the black car. Under the assumption that these 4 options are standard they will not be specified on the contract of sales. And before signing the contract he confirmed these options are standard, verbally.

On Wednesday last week. I went to pick up the car. First thing they go me to do is paid for the car and then do the hand over. While inspecting the car, I realised that the 4 options that was promised as standard is not in the car. I told the sales person, he instantly told me they are not standard anymore because they have just changed. I told him he confirmed it when I asked him and showed him the email.

At this point He apologized and said to trust him, he will sort this out for me. Because these options cannot be retro fitted he will need to speak to his manager. He got me to drive home n promised to get back to me first thing in the morning because it was 5pm and the manager has already gone home.

The answer I got from him is we not going to do anything about it because it is paid for and delivered, The vehicle is already registed under your name. I'm not sure if he even spoke to his manager about it or just want to get rid of me because he knows he screwed it up. I have informed him that I will take legal action against him and his dealership for giving misleading information and unwilling to assist. I have not touch the car since arriving home just in case.

Have anyone come across this situation before? Should I just drive the car back to the dealership and demand to speak to his manager or even the dealer principle? Or go straight to ACCC or consumer affairs?

UPDATE: they have decided to take the car back and give me a white one with the options instead. In the mean time, a loan car will be provided. Thank you for all the advice.

Automotive

Comments

  • TheBilly on 03/12/2017 - 10:06
    +101

    I would take this as far as possible. Especially considering this is in writing. I would take the car back, leave it there and threaten to take the matter to whichever authority deals with this kind of stuff and see what they do. Thats pretty dog what they've done - if the facts are correct.

    • xche166 on 03/12/2017 - 11:35

      Thank you

    • The Gent on 05/12/2017 - 11:02
      +11

      Dogs are awesome; that was a cat move.

  • oscargamer on 03/12/2017 - 10:07
    +80

    Speak to dealer principal, IN PERSON, tomorrow.

    If you have the car, take it back and leave it with him tomorrow. If they have the car, DO NOT ACCEPT IT.

    Print out page 7 of this https://cdn.tspace.gov.au/uploads/sites/60/2016/05/0553FT_AC… and read to the DP, the bit that says "Guarantees applying to goods. A supplier and a manufacturer guarantee that: • goods will match any description provided"

    If he refuses to honour the contract, simply tell him you are cancelling the contract and he is to refund all money. Make it VERY clear that the cancellation is down to him not providing the product that he has promised to provide. Use the words "significantly different". Do that verbally, with the DP, then in writing immediately afterwards. Give them 5 business days to refund the money.

    While waiting for a reply, talk to the ACCC and get advice.

    If they do not refund, follow advice you have been given by ACCC.

    More scummy practices by scummy stealerships and the people who work there (or am I just living in the past like John Cadogan? ;)

    • xche166 on 03/12/2017 - 11:34
      +3

      Thank you

      • oscargamer on 03/12/2017 - 11:45
        +13

        stop driving the car now…..ONLY drive it tomorrow, directly back to the stealership

        i would even suggest that you send an email TODAY outlining what you are doing, why you are doing it and what remedy you want

        what do you want?

        a refund?
        a different black car with all the bits?
        that black car with the bits added?

        You also need to tell your finance company NOW what is happening. they may well be able to assist you and/or apply more pressure on the stealership

        at the end of the day, you can't be forced to keep the car you have. it's just a shame you're being forced to go through this, because of their stuff up / deliberate or accidental……who knows

        ALSO - because you are in Vic, you should covertly record all conversations with any rep from the stealership. Totally legal, just download a voice recorder app for your phone. Helps heaps to confirm the accuracy of conversations and will actually help you remain calm and clear in your requirements (as you know you are recording yourself). just think how good it will appear, if you are calm and clear, when they start BS'ing and telling you stuff

        • xche166 on 03/12/2017 - 12:17
          +1

          Thank you. I have not drove the car since I took delivery. Just in case they use it as an excuse. I have emailed the sales person stating what I want and what needs to be done. I have also contacted the financier about this situation and they r fully aware. I will try to find a recording app now. But I believe you have to tell the other party that you are recording them?

        • oscargamer on 03/12/2017 - 12:32
          +8

          @xche166:

          Not in Vic. You can record a conversation, covertly, so long as you are a party to the conversation (ie, you can record yourself talking to others, without their consent. you CANNOT record a conversation between other people)

        • suchan on 03/12/2017 - 17:33
          +12

          I like how you discreetly called it "stealership" :)

        • greatlamp on 03/12/2017 - 21:16
          +1

          @xche166:

          This works on android 6, maybe not android 7
          Http://play.google.com/store/apps/details?id=jp.snowlife01.a…

          This records video (and sound) while your phone screen is off
          Http://play.google.com/store/apps/details?id=com.kimcy929.se…

    • This Guy on 03/12/2017 - 19:26
      +4

      To be fair to the dealership it sounds like a stupid sales person. Their sales manager may have tried to cover up the mistake as they are ultimately responsible in the dealership's eye's, but most general managers and dealer principles would be smart enough to realise this stuff up could affect their franchise if not rectified immediately.

      I have no idea about how BMW handles issues like this. It could also be a good idea to contact BMW customer care.

      If OP want's the old car's features the dealership has an old stock unit waiting for them in white.

      If the OP has to have black with these options then the OP is probably going to have to wait at least 3 months for it to be made then shipped from Germany. The dealership will probably just offer a refund instead as it would be a nightmare regaining and maintaining OP's trust after their experience.

      If OP takes a refund OP will likely have to pay more elsewhere to get what they want as the old model sounds like it was ordered with those features and discounted because it was old.

      Whichever way the OP goes, OP needs to get it in writing. If OP gets a refund it should be for the FULL AMOUNT. The only dealerships who demand to give partial refunds are dodgy as all hell and should be avoided like the plague. If they try it, report it to the manufacturer as it shows the problem is more than just a stupid sales person.

      If he refuses to honour the contract…

      The dealership honoured the sales contract. The problem is the car was misrepresented by the sales person. Still means for a refund.

  • [Deactivated] on 03/12/2017 - 10:25
    +11

    Out of curiosity what are these options?

    • bdl on 03/12/2017 - 22:45
      +46
      1. Bikies
      2. Eneloops
      3. Xiaomi USB Fan
      4. Gerry Harvey's soul
      • Munki on 05/12/2017 - 11:58
        +6

        Can't have 4 as it doesn't exist.

        • bdl on 05/12/2017 - 17:57

          He'll blame the ACCC

        • tomsco on 06/12/2017 - 08:56

          @bdl: Or Amazon.

  • [Deactivated] on 03/12/2017 - 10:34
    -8

    What brand?

    • xche166 on 03/12/2017 - 11:34
      +1

      BMW

    • starburstyellow on 05/12/2017 - 14:03

      More than you can afford pal…Ferarr..BMW

    • [Deactivated] on 05/12/2017 - 18:22

      How did me asking what brand it is end up with -10 votes? The bloody OP never stated that originally, he edited his post.

  • steven6 on 03/12/2017 - 10:34
    +13

    Can you name and shame the dealership?

    • greatlamp on 03/12/2017 - 21:12
      +3

      I would also like to know which dealers to avoid.

      Google reviews are also difficult to remove.

    • Ti-au on 04/12/2017 - 10:17
      +6

      Shouldn't we see what the response of the dealership is BEFORE we throw them under the bus (or in 0ps case - large SUV)?

      I mean isn't that the point - see how good they are fixing something?
      Might just be a bum sales person (and not dealerships fault).

      • Pornboy69er on 04/12/2017 - 16:13
        +1

        Reminds me of that Chinese restaurant OzBargain decided to brigade and leave a tonne of negative reviews on Google…

    • hedonistic on 04/12/2017 - 15:47
      +1

      Haha, I used to work at a BMW dealership. Would be funny if it was the one I worked at. OP pls update!

  • 87percent on 03/12/2017 - 10:44
    +8

    Why would you pay first, and then inspect?!

    • toristo on 03/12/2017 - 11:33
      +25

      Because some people still believe they'll get what was agreed to. It's the same way you assume the goods you buy online will be as described.

      • xravisher on 04/12/2017 - 14:57
        +1

        With online shopping we don't have the opportunity to inspect what gets sent to us. We take on that risk with the purchase.

        But then again who would buy a car worth 10's of thousands of dollars online?

        I'm not defending the dealership, nor the salesmen as they clearly sound at fault in this saga.

        But due diligence is required at all times, especially when handing over that much money.

        I hope you get all of your money back as your deserve it. and I hope you also get to learn a valuable life lesson too.

        Don't trust anyone completely when it comes to your money, you must always do due diligence.

        • Joxer on 04/12/2017 - 18:34
          +3

          Tesla work off the 'buy online' model. That's a car worth $100k or more.

        • xravisher on 06/12/2017 - 18:51

          @Joxer:

          I did not know that, thank you.. I stand corrected.

          But I still stand by my comments regarding due diligence.

    • xche166 on 03/12/2017 - 11:34
      +6

      Car is financed. They will only release the car once the see the money landed in their account.

      • gadget on 04/12/2017 - 08:38
        +3

        Release - yes, but the handover should take place before then (inspect, go over features blah blah).

    • Sensiekatie on 04/12/2017 - 10:59

      Totally agree with this and replies.

      My last purchase was exactly that.

      INSide: shown all things in place as far as. Oops, extras guaranteed etc (due to my needs of not standing)

      OUTSIDE: to check car itself - sit in it - adjust seat and all other things a good salesman would do. He had updated all software etc.

      Instructions to allow me to drive it out that yard and have good idea of the basic things it had and could do

      I checked my specific extras were in place

      BACK INSIDE - sign last parts accepting delivery & final payment & ensuring a receipt was issued to me.

      BACK OUTSIDE: driving off with guidance by salesman to get out of a very tight spot onto busy busy road.

  • hell0 on 03/12/2017 - 11:05
    +1

    I think you need to contact the real consumer affairs, and ask them the process before you back into the dealer armed with knowledge. It may be a lengthy process but because you already have the car doesn't mean your rights are waived. The whole process may not be resolved on your first visit but persist and keep cool and you'll get there.

  • HardQuiz on 03/12/2017 - 11:15
    +5

    Stealership is banking on you enjoying the new car and forgetting about it.

    Return the car NOW and speak to the principal or someone in charge now.

    • xche166 on 03/12/2017 - 11:38

      I parked the car in my garage and have not touch it since. Just in case they said I have put too many km on it and get an excuse not to do anything about it.

    • canigetsometoo on 05/12/2017 - 10:06

      thats really naive of them to bank on the fact that a consumer would forget, i think there is a bigger scheme at play here

  • The Monk on 03/12/2017 - 11:42
    +13

    I had a similar experience buying a volvo xc60 with a ton of features. It took 3 months from order to delivery and loads of stuff was missing.

    My solution was to go to the dealer with the car, demand to speak to boss (in a loud a voice as possible), demand to get what you payed for and leave the car there. (I demanded a loan car to use whilst they fixed it, they gave me it) All up I was in the dealers for a couple of hours and repeated the same lines. This isnt the car i ordered, fix it.

    pepper them with emails and calls and visits where you vocalise loudly everything you say.
    My features were retro-fitted and I got some free bonus upgrades too as goodwill.
    Admittedly I am like a red rag to a bull when I feel like I am being conned so I find doing this stuff comes naturally.

    bottom line: go hard with them and dont let up, dont give them an inch, these are the shonky kind of practices which we need to eradicate from car sellers. Name and shame the dealer and the person you are dealing with so we all know to avoid them like he plague.

    edit: just seen you said BMW. they come with zero features as standard from experience, every little thing is an addon.

    • resubaehtgnolhcs on 03/12/2017 - 11:55
      +1

      Not true - having purchased 3 BMW over the years, the Australian versions always get some options (over the American models) as standard.

      • The Monk on 03/12/2017 - 11:59

        admittedly I got one some 20+ years ago in the UK. was well known they came bog standard at the time.

        times have changed i guess :D

      • Kangal on 03/12/2017 - 12:00
        +13

        Options include: polished badges, a price rise, and a hi-five from the dealer.

        • FUZHA on 04/12/2017 - 13:01

          Uh.. No selfie :(

    • xche166 on 03/12/2017 - 12:12
      +2

      It's not the entry level car. It costed me over $100k and it does come with some standard options…

      • [Deactivated] on 03/12/2017 - 19:21
        +8

        Wow I wish I had the cash. If you return it check out the Tesla Model X

        • [Deactivated] on 03/12/2017 - 19:44

          That starts at 150k. That’s not a little over 100k.

        • [Deactivated] on 03/12/2017 - 21:54

          @Burnertoasty: ah! Didn't realise

        • chumlee on 04/12/2017 - 08:09
          +15

          OP doesn't have the cash. It's financed just like 90% of BMW's. Japenese or Korean SUV would have been a better option

        • Joxer on 04/12/2017 - 18:37
          +12

          @chumlee: But it's a high yield investment.

        • canigetsometoo on 05/12/2017 - 10:08
          -2

          @chumlee: korean SUV? haha, please its more like buying a car that looks like a euro, has aspirations to be durable like a japanese and cheap plastic like a chinese and … what exactly is korean about them again ???

      • canigetsometoo on 05/12/2017 - 10:07

        so what are these options … that you are so hell bend on having?

    • xche166 on 03/12/2017 - 12:20
      +2

      Have not seen the car before delivery.. since its new, it was stored in their warehouse. Hence I had to confirm with the sales person what's standard and what's not.

        • Harold Halfprice on 04/12/2017 - 12:47
          +10

          Pretty evident, actually. What's also evident is that everyone else seemed to understand.

    • [Deactivated] on 03/12/2017 - 12:54
      +16

      Did you even read the original post?
      Jesus man.

      • resubaehtgnolhcs on 03/12/2017 - 17:34
        -8

        The sales person then sent me 3 brand new car they have in stock, one black and two white.

        Yes, I did read it, did you?

        I interpreted "sent me" as OP having had seen all 3 cars!

        • ChatCPT on 04/12/2017 - 08:05
          +6

          *misinterpreted

  • Korban Dallas on 03/12/2017 - 11:48
    +4

    Name and shame, send him this link. Get on Whirlpool, there facebook page. Nail them.

    • canigetsometoo on 05/12/2017 - 10:11

      wait to see how they fix the issue…

  • mhelissajane on 03/12/2017 - 11:51
    +4

    I would advise you to send a complaint email addressed to the dealer principle. Subject it something like "Unsatisfactory Service Complaint" then advise exactly what happened. What was promised to what was delivered. I'm sure the dealer principle will either send you an email or call straight back to further discuss and assist you. If you don't hear back, visit the dealership the next business day and request to speak to the dealer principle. If they do not budge, 100% refer this to the ACCC.

  • resubaehtgnolhcs on 03/12/2017 - 11:53
    +5

    he instantly told me they are not standard anymore because they have just changed.

    Also, this doesn't make sense! You bought a car off the lot/shop floor, which means the car would have been built 6 months ago (assuming it is new), so if they "just changed" the options then it shouldn't have affected your car!

    • xche166 on 03/12/2017 - 12:09
      +1

      The car was built late Jun and apparently this change applied to this batch. They haven't updated their website and the sales person obviously didn't do his homework

      • minniethemoocher on 04/12/2017 - 00:03
        +5

        Make sure you take a screenshot of the website before it is updated too.

      • Sensiekatie on 04/12/2017 - 11:06

        Highly unlikely to be true - the change in that batch that is.

    • This Guy on 03/12/2017 - 19:34
      +2

      Sounds like the floor model was either a MY17 and the car provided was a MY18 or the salesperson did not know that there were options selected on the floor model and that the floor model was the same price because it was old stock and the dealer wanted to move it. Either way, the sales person stuffed up.

  • grog on 03/12/2017 - 11:56

    Read the fine print in the contract you signed.

    There may be a clause that can help you.

    Write down clearly exactly what the salesman said and in "time" and date order.

    If this got to court you will need every bit of info available and who said exactly what and when they said it.

  • spackbace on 03/12/2017 - 12:00
    +4

    Ouch, sorry to hear :( there's some good advice above. Definitely get the Dealer Principal involved - calmly at first, more anger if you need to.

    Gonna be a headache for the finance company too but it definitely needs to be sorted

    • Baysew on 03/12/2017 - 12:11
      +1

      Is this sort of thing more of a stuff up rather than conspiracy?

      • spackbace on 03/12/2017 - 12:26
        +1

        Ignorance, stuff up, arrogance - take your pick!

        Hard to say really

      • teardrops21 on 03/12/2017 - 12:29
        +3

        Stuff up followed by conspiracy to get out of trouble

        • MetaphorOZB on 04/12/2017 - 10:09

          It sounds like the salesman didn't actually refer this to any higher ups and just wants his commission for the sale.

          IMO he is banking on OP not fighting this and giving up because it is too much hassle and he has the car already.

  • [Deactivated] on 03/12/2017 - 12:29
    +4

    You need to notify the dealership in formal writing and return the vehicle. The longer it is in your hands, the worse your case gets. It was a dealer technique to get you to take the vehicle.

  • [Deactivated] on 03/12/2017 - 12:57
    +5

    Just call the DP.
    What's the $ value of the options you've ordered?
    At the very least you'll get back the $$$ difference between the options you were told you'd get and the options you actually have.
    Just take the email with you and dealership will sort it out.

    If that fails, contact BMW and they will fix it immediately.

    So 1) contact DP. If he's being a prick,
    2) contact BMW.

    BMW will take this stuff really seriously.

    (used to do finance for a large dealership group).

    • This Guy on 03/12/2017 - 19:40
      +1

      Agreed.

      1) contact DP. If he's being a prick,
      2) contact BMW.

    • JimB on 04/12/2017 - 12:23
      +1

      Great advice.

      Forward the email from the sales rep to the DP and explained what happened. Give facts and timelines, no need to bring any emotion into the email.

      CC BMW Australia Customer Service in the email.

      The ball will start rolling immediately.

  • kickmiass on 03/12/2017 - 13:26

    Contact Head of the Dealership, Tell them whats happening.

    If they are being real cocky about it, i'd contact ACCC or worst case you can always try A Current Affair.

    however, i don't know how far it would go. Depends how many times stories like this come up and whether they would take on your story.

  • [Deactivated] on 03/12/2017 - 17:25
    +3

    Can you live without the options?

    If so demand a massive discount or free servicing for 5 years or extended warranty

  • popcornready on 03/12/2017 - 17:29
    +2

    Can you tell us what the options missing were?

    What model was the car?

    • popcornready on 04/12/2017 - 07:52
      +2

      Adding to this.

      It’s very odd for “features” to be removed from newer models when they were once standard.

      Hopefully OP shares more info

      • nibbs62 on 21/09/2018 - 16:04

        It is unusual but not unheard of. The MY19 Velar V6 models no longer have air suspension as standard. It is weirder still they have made it a no cost option!

  • letmecry on 03/12/2017 - 18:19

    I want to see you on the check out

  • roundnumbersonly on 03/12/2017 - 18:25

    I assume an X5 or X3?

    I would harass the salesperson and head of dealership.

    • [Deactivated] on 03/12/2017 - 19:16
      +5

      don't bother with salesperson it's gone past him now.

      His manager would have told him to push through the sale given the mix up with the options vs stock availability.

      This is a sales manager/dealership owner/boss issue now.

      If they don't fix it, BMW will force them to fix it.

  • JayEmmGee on 03/12/2017 - 19:00

    Curious as to why you took delivery if there were options missing. You should be able to sort it out, but I would have thought it would be even easier if you left it at the dealer when you noticed the missing options.

    But as others have said, take the car back ASAP and have them add in the options/replace the car. Not your problem they have already registered it if it isnt what you agreed to!

    • wildstone on 03/12/2017 - 19:05

      Yeah I think if OP had a chance to look back, OP would refuse to drive the car away and asked them to sort it out. But then again, as OP mentioned, the sales person assured him that it would be sorted out and to 'trust him', only to be told next day that there's nothing he could do.

    • Harold Halfprice on 04/12/2017 - 12:54
      +5

      It's an obvious choice, when were sitting at home looking at it in hindsight. But obviously at the time he was coerced by the dealer to drive it home, and that everything will be sorted out.

      When you've been waiting for your new expensive car for a while, and it's just arrived - you'd surely be pretty excited to take it for a drive. The last thing you want is complications like this - so when the dealer say's shit like "Trust me, it'll be fine and I'll sort it out for you by tomorrow - just drive it home and enjoy it for now." he's playing on your subconscious and it would be pretty easy to fall for it.

  • itsdougie on 03/12/2017 - 19:13
    +22

    Take car to dealership tomorrow, crash it into the dealership.
    Call insurance, get money ,Buy the correct BMW. Be absolutely clear about what you want this time.

    • Ti-au on 04/12/2017 - 10:20
      +2

      I think this is the most reasonable option available to 0p.

    • BartholemewH on 05/12/2017 - 23:18
      +1

      Crash it into the most expensive car they are doing customer pre delivery checks on. Nothing like more pissed off customers to make their day.

  • apu on 03/12/2017 - 19:34

    I do not recall being in a situation where I was not permitted to inspect a brand-new car at a dealer before I handed over the bank cheque. I thought this was common practice.

    Never ever handover money before you inspect the goods, unless you are prepared to take the risk.

  • thors_hammer on 03/12/2017 - 19:37
    -3

    Just use the cooling off period ?

    https://www.consumer.vic.gov.au/cars/buying-a-new-car/coolin…

  • MessyG on 03/12/2017 - 20:54
    +1

    I bet the salesperson hasn't talked to his manager at ALL and has fed you a lie of not being able to do anything about it to cover his arse because he screwed up. He's just trying to get rid of you. All of the advice about going straight back in there tomorrow and kicking up a stink is good.

  • squaredonut on 03/12/2017 - 21:27

    Go in tomorrow, grab the manager immediately, and grab this son of bitch of a sales man, and sit them down together, and tell them you wont be accepting thus bullshit. Furthermore if possible, bring someone with you, in case the manager is also an (profanity) and decides to threaten you.

  • ywpn on 03/12/2017 - 22:25
    +3

    Make sure to devour as many free cakes and coffees as you can.
    It's the only reason why I go to BMW dealerships.

  • wandaria on 03/12/2017 - 22:32
    +1

    Putting aside whatever anyone else has said, the salesman at the very least has committed fraud. He/they have obtained a benefit (money) from you under circumstances whereby had you had known the true circumstances you would never have purchased or accepted the deal. So they offered you false incentive to purchase the vehicle. It is a slam dunk case.

  • gimme on 03/12/2017 - 23:20
    +5

    Lol the number of salespeople who are genuinely clueless about what they're selling. Only recently had a conversation with one who was adamant 2 models had identical instrument panels which was clearly false. I knew significantly more about the make he's supposed to be an expert in.

    • berry580 on 03/12/2017 - 23:56
      +5

      Yeah, happens all the time. It's hard for a sales person to know all about they products unless they have either a genuine interest for it or is professional about it.

      For some savvy shopper who's done their homework, it's not uncommon for the customer to know more about the product than the employee.

      • spackbace on 04/12/2017 - 02:10
        -7

        Thankyou, from someone in the industry I 100% agree with the above.
        We have to know the whole range, Eddie the expert comes in after reading up on just 1 model and thinks he's above us or we're stupid.

        There's people who try to learn as much as they can, but there's only so much you can retain.
        There's also the possibility of someone being new/somewhat new to the industry/the brand/the department.

        • [Deactivated] on 04/12/2017 - 08:54
          +4

          It was over e-mail, surely he could have checked instead of just making stuff up.

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