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

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.

Comments

        • +10

          If you work in a dealer selling just BMW's or whatever brand, then I surely expect you to know about every car you are selling. its called being professional.

          If you dont know something then I would at least expect the salesperson to make an effort but most of them dont, alot are the epitomy of dodgy used car salesmen.

        • @beepec:

          I wasn't responding to OPs situation in that instance, please follow the comment thread

        • +1

          @The Monk:

          Being professional and knowing every model back to front and inside out aren't the same thing. You realise how many specific questions people could have?

          • 0-100 for a non-performance car
          • Power and torque figures for a non-performance, non-4wd car
          • engine specifics down to an intricate mechanical level

          I could go on

          It's very easy to know 1 car and know it well, but I'm not non-professional if I don't know them all to that level.

          And don't get me started on used car salespeople 😂

        • +2

          You've given valid reasons - valid reasons for admitting you do not know the answer to the question or do not know enough information about the product.

          They're not valid reasons for giving false information. If you don't know, then don't be adamant about something. There's absolutely no reason a sales person should insist that they are correct, when they are not.

        • +3

          @ILikeBargenz:

          Again, my comment was not in reply to OP (I have previously replied to the OP's predicament), but was in relation to this comment.

          Apparently no one reads down a comment tree and chooses to just pick and choose what they read.

        • @Spackbace:

          Apparently you don't read the comments you reply to.

          This is from gimmes comment, the one you just linked to. He's talking about a sales person who is adamant about incorrect information.

          Only recently had a conversation with one who was adamant 2 models had identical instrument panels which was clearly false

        • @Spackbase

          Yes having intimate knowledge of what you're selling is your JOB. You don't need to memorise everything, rather make sure you validate your sales spiel before insisting on something that's clearly incorrect. Manufacturer resources and the internet is at everyone's disposal.

          Problem with the industry is that it's too focused on closing the sale so inevitably falsehoods, BS and mistakes creep in. Also unfortunately 9 times out of 10 (unlike this case) it's all part of verbal sales puff and the customer doesn't have much of a leg to stand on apart from poor goodwill. By then the salesperson has moved onto the next dealership/make anyway and the cycle continues.

          The salesperson I was talking to was trying to convince me to buy a particular model he had in stock as opposed to what I wanted by saying there's no difference. Even after I said to him that the reason I wanted was because of X feature on the dashboard, he insisted it was all the same. I politely walked away and purchased privately. Just as well anyway as I got a better car for a lot less.

  • +2

    Escalate escalate escalate. This makes BMW corporate look terrible and they won't want that. I'll bet a large amount of money the sales-person hasn't talked to anyone senior and is just trying to not get fired/protect his bonus. Take the email to his manager, and then higher if you have to, and if they're not immediately receptive, subtly mention "ACCC" and "Dept of Fair Trading". I honestly doubt it would go that far though - someone who can afford a new BMW SUV is someone BMW wants to keep as a customer, and would certainly hope to be a repeat customer.

  • I think it is also lesson learned. Before handing over any money it is always best to

    1) Check everything when you go to pick up the car - no matter how long it takes
    2) If something is missing immediately cease to continue the transaction and do not accept the car until you have it. If necessary walk away.
    3) Immediately take it up with the manager or dealer principal and not the sales person and record everything - let them know as it will force them to do something
    4) If you're talking about cars in stock call the importer (ie call BMW headquarters in Mulgrave direct) to confirm which model and year and features for the exact car. Obtain VIN of necessary.
    5) If all else fails go to a TV show such as a Current Affair.

    We did this when buying a Subaru years ago as we nearly ended up with the wrong color despite a few phone calls and assurances we would have the right car and color. We walked away and did not continue the sale until we had what we paid for.

  • +7

    Just explain to them that this vehicle was supposed to be a high yield investment and without those options they are not. I'm sure they'll understand

  • +2

    As long as you have everything in writing you are covered

  • +1

    Go in their and make a loud complaint, make sure 2-3 potential customers are present when you do it. It's bloody amazing how quickly businesses fix things when you show you can lose them more customers than their little scam on you is worth.

  • +5
    1. Dealer Principal
    2. BMW Australia
    3. ACCC and Media
    4. Court (but 99% shouldn't get past step 2).

    Put it in writing and take contemporaneous notes of every conversation / interaction you have or have had up to this point with dealer and co. Make it objective and with details. On this date at this time at this location I had a conversation with this person. He said this I said that etc etc. Make a folder to keep these along with copies of all relevant emails. This will prove immensely helpful down the track. Good luck!

  • +6

    OP, ensure you update us on the situation.

    • +8

      They r willing to take car back and exchange for the white one that have all the options on it. Will see tomorrow when I go back to the dealership.

      • +1

        That's good. White is probably better now anyway, with summer in full force

  • +3

    Contact BMW Australia first. Tell them the web site said the features were standard and that was accurate as of the time you signed the contract (get a screen grab, use archive.org if you have to). Tell them the salesperson acknowledged this. And that if they changed the terms it can't apply retroactively, and also they can't just change the terms without telling you.

    If they don't do anything, then take it to Consumer Affairs or ACCC.

  • +5

    and don't forget to keep us updated - don't leave us hanging! :)

  • 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

    It would be useful to record this or download a pdf copy.

    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.

    the sale of contract should very specifically mention the model, make, series, year etc. Does the specific model match with the model you are looking at the website? I mean bmw does not change the standard options every month. If you were given a car different to the one in sales contract then you would have grounds to demand a refund.

  • +1

    Out of curiosity, which 4 options are missing? Pretty much all options can be retrofitted although it might not be cost effective/officially supported.

    Also FYI, if you ever buy another BMW, grab the last 7 digits of the VIN and you can decode all the options that come with the car. https://www.bmwvin.com/

  • First thing they got me to do is paid for the car and then do the hand over

    should have insisted to inspect before paying.

  • +5

    For future reference: Never trust someone who says "Trust me".

    Sometimes you can BUT mostly you cannot.

    This is especially so when that person is a sales person.

    Additionally, "Trust me, I'm a Doctor" should also raise a warning flag immediately.

    Working with medical doctors all the time for many years, a fair generalisation in a hefty majority by my own observations. I am not the only one who has that "rule of thumb" working in that environment.

    • +3

      Especially true if their Dr title isn't a board given title (ie chiropractors, acupuncturist, dieticians) and they insist on being addressed by the title.

      Infact, anyone insisting on a title probably shouldn't wear one.

      But yeah, trust me = definitely written record required.

  • That's a pretty frustrating experience and fits in with the stereotypical salesman which people dislike.

    Go straight to the dealer principle and if you don't get anywhere with him contact BMW aftersales requesting it be escalated to the relevant area manager outlining what you want to happen. Otherwise, straight to consumer affairs.

    If you are extremely disappointed and want to walk away from the car and brand, I think if you pushed hard enough through the right channels, (ie DP, area manager, Linkedin stalk senior management, letters, etc.) you should be successful.

  • What were the 4 missing standard features? It is unlikely that for standard options are taken off a new model. More than likely, more standard features will be added…

    • This was exactly what happened to my new car. I didn't get the agreed option as indicated in website but was given a more useful standard feature when the car was delivered 2 months later.

  • I never know or even thought that dealer would do this shit like this. 3 year ago i bought new mazda and there some similar problem to op . Man the dealership is so fuq up. And next year i going to buy another car too. That scary thought.

    To op, i hope you get your justice and screw the dealership

  • +1

    Various sections of the Australian Consumer Law deals with these issues; they might give you a bit of leverage if you can point to a specific section of the law:

    Section 55 deals with the guarantee as to fitness for any disclosed purpose etc. and can be used since you expressly disclosed your desire to have those four options, and they were confirmed by the salesperson to be included, and yet they were not. The section is longer, so you can click on the link to view the specific wording, but section 56 (below) is a more straight forward way of getting a solution.

    Section 56 Guarantee relating to the supply of goods by description
    (1) If:
    (a) a person supplies, in trade or commerce, goods by description to a consumer; and
    (b) the supply does not occur by way of sale by auction;
    there is a guarantee that the goods correspond with the description.
    (2) A supply of goods is not prevented from being a supply by description only because, having been exposed for sale or hire, they are selected by the consumer.
    (3) If goods are supplied by description as well as by reference to a sample or demonstration model, the guarantees in this section and in section 57 both apply.

    Section 57 covers guarantees relating to the supply of goods by sample or demonstration model which again may work for your purposes, but section 56 is an easier route to take.

    Section 151 False or misleading representations about goods or services
    (1) A person commits an offence if the person, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services:
    (a) makes a false or misleading representation that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use; or

    Penalty:
    (a) if the person is a body corporate—$1,100,000; or
    (b) if the person is not a body corporate—$220,000.

    (4) Subsection (1) is an offence of strict liability.

  • -2

    OP - are you trolling? Your account was only registered yesterday.

  • +1

    Can we name and shame this dodgy AF sales guy? I would like to know not to go near him with a 20 foot pole.

    Hate people who can't do what they're paid to do half properly.

  • Any update on this?

    • +3

      They have decided to exchange my one with a white one that has all the options.

      • +7

        I thought you wanted the black one. You shouldn't have to compromise your preferred colour for their stuff up. Your agreement was based on your preferred colour with the options. I guess it's your call if you want to compromise on colour to gain the options. An easy way out for them that's all. I personally would have made them deliver on their agreement.

        • +4

          Agree. As they say "once you go black you never go back".

          Not that I know of course

        • I completely agree with this. Why can't they order you a black one?

        • Can someone who has gone black please verify or deny this?

          Talking about BMW colours

        • Agreed! As I was looking forward to you going all the way based on principle

      • xche, may I please know what you have been through to get to this final outcome? If you could step it out the hurdles that would be appreciated and great insight for future buyers. Also, as many has mentioned, name and shame? Or is there a rule to not allowed to do so?

      • White looks a mile better anyway.

      • What were the options that you were missing?

      • +1

        Agreed with others saying you shouldn't have to compromise on colour, but practically speaking if they have a white one available but not a black one with those options right now, fact is they can't conjure up a black one with those options immediately so you'd have to wait if you wanted the black, whereas you can take delivery of the white one likely a lot sooner.

        • +1

          I don't mind black or white to be honest. I had 2 cars that were white. So I thought give black a go.

          Yes if I insist on getting the black one, I will have to wait between 3 to 5 months for it to be build and shipped over.

        • +3

          @xche166: Fair enough. From personal experience, white is easier to maintain and takes sun damage better, and also shows bird**** a lot less prominently, but colour is subjective.

          Glad to know you got it sorted, and that it was just an incompetent/dodgy salesman and not the dealership or BMW as a whole. Faith in car dealers restored to ordinary-low levels from very-low levels haha.

        • @xche166: So wait 3 to 5 months, they are supplying you with a loan car in the meantime!

          Good, at their maintenance cost not yours, at least that makes up for their shifty ways, as you had to argue to get what you are paying for.

  • -5

    It's good to hear you got it resolved, although it's a white not a black car. Black paint is more difficult to maintain anyway, so white may be a better option.

    Just curious? Why financed and got a BMW? Could have bought a Tucson or CX5 or Forester with much less money…

    • +12

      Because it’s a BMW and not a Hyundai or Mazda.

      Why buy a CX5 or Tucson when you can buy a Great Wall or Haval?

      • -1

        You didnt read properly, I asked why financed and got a BMW? Car loan is bad debt, like travel first class on ur near maxed credit card.

        I'll buy CX5 or Tucson over Great Wall anytime. If I dont have the cash I'll buy a 5 years old Camry.

        A fully loaded CX5 Akera or Forestsr XT is half the price of the X5, better value for money, maintenance if one is on a budget.

        Of course if you got lots of cash u can buy anything u want. Heck I would get a fully loaded Lexus if I got the cash.

        • +18

          He was looking for advice with dodgy car dealer. Not on how to spend his money. You’re railing off topic here…

        • +2

          I finance cars because it’s a better use of money. Your opinion on his car choice is not the question.

        • -1

          They are ugly.

    • +8

      Because it's his money and he decides what he does with it.

      • -2

        Neg me all you want, BUT, it's not his/her money, it's the finance company's, he financed it. The debt is in his name, until he /she pays it off, it's actually not his.

        • I'm not going to neg you but even if you want to split hairs to make a point that's not really relevant, my point doesn't change. It's his money, or his debt and he decides what he does with it.

        • Well okay, but the finance company agrees with us: OP can do with the money (that the finance company is lending him) as OP wants. I mean, obviously they're okay with OP's choice of car.

        • @0blivion: Obviously!

    • +1

      In some instances people prefer to finance as it's better for their cash flow and the gains from using their money elsewhere outweighs any extra debt incurred via financing.

  • At first glance I thought you wrote “Help! New BMW SUV Delivered but Not as Promised (Missing Four Wheels).”

  • +1

    Good result in the end; IF you’re happy with a white (which are much easier to keep clean!). Enjoy your new car; it’s got some great toys on it. 👍

  • +2

    Can you please let us all know what these four features were!? This is killing me!

  • Happy ending. But we still want to know what the 4 options were.

  • Sigh, I'll go grab the pitch forks and fire torches.

  • +9

    FYI
    One can plug the car’s VIN to bmwvin.com and get a list of features included in any BMW car. There are similar websites for Mercs as well. It’s always a great idea to get the VIN (which you get when you pay the advance) and see if it actually has all the features the honest gentlemen at the dealership promised it had BEFORE the final cheque is handed over.

    • good tip!

    • Also an awesome way to identify if the BMW is incorrectly listed as/as not an LCI! Dealerships (and private sellers) reallllly seem to struggle with this key tidbit of info

  • So I guess the OP won’t share what “4 features” were missing

    • +8

      Wheels

      • lol, how could he drive the car home then?

        • They included the breakpads as standard

    • -2

      Probably heated seats, vanity mirrors, purse/manbag holder & do you know who i am sticker

  • +5

    At this point He apologized and said to trust him

    lmao

  • +4

    He is still missing one feature: black paint

    Choosing your colour is part of the benefit of purchasing new.

    Also I hope this one comes with the optional indicator stalk that most BMW drivers forget to add to their pack.

  • Don't let them get away so easily. For the hassle and bad customer service they have given you, ask free servicing from the dealer for at least 3 years. That'd save you at least $3K :D

    • I agree 100% with you.

      Most likely they would've made it like they are going out of their way with haveng to now reclassify the black model they gave him as ex-Demo… if it already wasn't.

      I don't think OP specified he bought a brand new BMW just a BMW from a dealer.

      The dealer will and has already made OP feel as if they are doing him a favour with actually delivering what he originally agreed on.
      And from what it sounds like OP feels just like that, when he 'accepted', as he says issue resolved, he settled for a colour he did NOT want.

      That's Ok the white one's got the Badge too!

  • Glad it all got sorted out. Sounds like they resolved the issue.
    Im thinking of buying a bmw. What dealership was this so I can checkout what they have?

  • If you're having car problems, I feel bad for you son. I got 99 problems but a dealer ain't one.

  • name and shame please, so people are aware of this particular dealership.

    • Exactly, however OP most likely does not want to face further consequences if the dealer finds out he's been complaining on-line. Hence the obvious reluctance to give details about the secret 4 extras he did not get.

  • Skimmed through this thread but still can't find what the 4 options actually were… I'm curious as usually year on year, more options become standard in a bid to keep a model competitive. Exception being if the option is genuinely no longer available (eg HUD was taken away from various cars when the manufacturer of these had issues)

    • The OP never stated the options for some reason, even after a few of us asked what they were. Maybe go fast stripes and tyre valve protectors…

      • If I was paying over $100k for an SUV, there shouldn’t be any options. At that price, everything should be standard! But then again, you do need something to show up Roger and Janine from next door… oh Roger, yours didn’t come with gold lined, carbon fibre, chilled storage for your cigar cutter? Ours did…

        • Funny actually it's LC200 Sahara money, but just doesn't come with that shiny BMW badge ;)

        • @Spackbace: Is the X5 even capable of going off road?

        • +1

          @Munki: By now everyone should know that SUVs are just looks and a design style they are not 4 wheel drives as the Landcruisers etc.

        • @ozf1: Looks and design style and roll-over risk.

  • -2

    This is a subtle brag post. OP just wanted us to know that he bought a BMW.

    • +1

      Because buying a BMW is so rare these days…

    • +1

      Unfortunately, that is part and parcel of buying and owning a BMW. Telling as many people as you can about it…

      Like the old saying…

      How do you know that someone owns a BMW? Don’t worry, they’ll tell you…

  • Glad it got resolved. White absorbs less heat so you will have slightly cheaper running costs anyway :)

  • WARnING! Cynical comment from me.

    Im sure BMW will log it in and make up their 'loss' by finding a few 'extra' little things they need to change during scheduled services.

    Im sure OP will be taking his Beemer to a beemer if not the same beemer dealer for his servicing.

    I read through this 'story' and OP seems coy about what 'extras' he didn't get originally and what the price was.

    I find that some people that choose to buy the German usual suspects models are coy about what they paid.

    You are paying for the badge more than ever these days, when the CX9, Sorrento and Santa Fe GT or even Tucson are right up there matching and even surpassing the Germans on Quality and Tech for up to $40,000.00 less! (20K to 30K on average, as the sales at BMW told OP, trust me!)

    In this case trust me, I've done extensive research and decided to hold onto my car and not buy a Land Rover discovery Sport or the Merc GLC I was looking at buying whilst Salivating on a Porsche Macan.

    I'd be coy/embarrassed about what I paid for my German wheels too.

    Now, dear OzB peers, "Go ahead, "NEG MY DAY".

    • Expensive cars are definitely not value for money agreed, most buyers buy it for the badge and to show they are wealthy.
      But nothing wrong with that.

      • +1

        Well but if you are truely wealthy the u dont need financing, and wouldnt make a fuss abt missing options, you just buy it using ur cash, and if it misses some options you tell ur lawyer to handle it instead of yelling out for help anonymously in an online forum.

        • Like my kids would say 'True Dat!'.

          No offence to neostarx, but people need to search the meaning of some words/terms, 'Wealth' in this case, very different to being 'Rich' etc. Terms just keep getting thrown about.

          IMO at most, buyers as neostarx states, try/attempt to show to the rest of the world they are affluent… perhaps, but certainly not wealthy, but really, most people do not care!

          In financial terms, OP has given enough clues to the fact he HAS no wealth.

    • I just want a Tesla, innovative and good for environment!

      Or a Lexus, sounds luxurious!

      Or a Mazda, vroom zoom zoom hey!

      Or a Subie, true AWD!

      BMW… (be m dub) sounds a bit… duhhh, abbr for Big M….. W….. (fill in the blank).

      Neg me if you want!

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