Brand New BMW Car Turned into Refurbished and No Compensation

I received a MY23 BMW car last week and on the first day it had a major control display screen issue (Most features of the this new model heavily rely on the central control screen to function properly. Majority of previous generation physical buttons are deprecated). BMW only agreed to get the part replaced and refused to refund like 10 percent whatsoever. How fair is that?! A brand new car that needs part replacement on the first day is equal to a refurbished car! Would you ever pay the full price of a real zero defect brand new iPhone for a refurbished one?

Even if the part is replaced, we are still faced with a higher risk of the issue recurring in the future comparing with the zero defect brand new car. How could you fully guarantee the part replacement will fix the issue for sure? Couldn't there be another possibility of the issue caused by some other hidden part or mixture of parts altogether? To me, we would rather spend the full price in a defect free new car that doesn't break on the first day (although it can break in six months, that is a different story to me), which we are sure for now has a higher chance of becoming a lemon …Hence, why do we have to pay the full price?

I swear this was not meant to be a troll post at all! Just my first time signing in to Ozbargain and posting for my real life experience!!!! Would some of you please have more trust on others who are suffering from having purchased a faulty product?

closed Comments

      • +2

        I think you'll find the previous post should have had a

        /s

        at the end :)

        • -1

          Sorry, not quite following what you mean here …

      • +5

        Thanks god finally there is someone who thinks…

        Oh yeah, latch onto that confirmation bias…

        "Guys, guys… this person said the thing that OP wanted to hear… See… Nobody cares…"

    • +1

      Don't feed the OP's confirmation bias.

    • Car warranties come under a different consumer law as the complexity of cars is factored in. They're not like a one function item.
      Car dealers would go broke if every time a part broke on a car they had to give a refund.
      It's a balance of reason and economics.

      If every person got a discount on a new car cause one part was broken at delivery, we would end up paying 300% more for cars to account for the costs.

  • +13

    I used my 5 negative votes for the day in one thread. Too easy. Thanks OP.

  • +9

    I too would have buyers remorse if I'd somehow been convinced to pay for a BMW X1.

    At least I assume that's the underlying message you're conveying.

    • +1

      hahaha why rub salt on wound….

      I agree, X1 is a joke car.

      • now now… don’t break the bubble

      • How can you be of sound mind and think paying $73k for an X1 is a good decision. There is lots of nice cars for that price but people buy this instead. Craziness. For example mid spec Mazda CX-60 GT or base X1

  • +4

    JD Powers surveys new car buyers sold in the US for how reliable their car is.

    https://www.jdpower.com/business/press-releases/2023-us-vehi…

    BMW, with 184 problems per 100 cars, rates just on the average of 186 problems per 100 cars. An average of 1.84 problems per car. So if BMW had to refund 10% of the purchase price every time there was a problem …

    The only Euro brand that beat BMW, and therefore did better than average, was MINI, which is a division of BMW. Brands like Mercedes, Volkswagen and Audi did a lot worse. The numbers confirm that Euro cars are mostly below average. Its a fact confirmed by the evidence. Whereas Toyota, and its prestige brand Lexus, do well. Thats a fact confirmed by the evidence.

    • +1

      Pretty amazing seeing how far Kia have come:

      "Kia (152 PP100) ranks highest in the mass market segment for a third consecutive year, followed by Buick (159 PP100), Chevrolet (162 PP100), Mitsubishi (167 PP100) and Toyota (168 PP100)."

      • yes pretty impressive

  • +4

    OP, when you have so many people telling you your thought process is wrong, you should start to seriously reconsider the situation. We might all be wrong (unlikely…) but you need to at least rethink instead of ignoring the obvious here.

    People have provided a number of very valid reasons why its no different to a car that has been assembled from factory so you are not in a worse position.

    You just want your cake and eat it too and that's unreasonable.

    Simply choose one:

    A) They don't fix it and they reimburse you for a reasonable cost (just like how insurers work)
    B) They fix it and thats it

  • -6

    But the car broke on the first day! If you were the buyer of the this car, you would be happy just with a replacement or repair?

    • +2

      I would have been smart enough not to buy a BMW. Which I am, by the way.

      As pointed out to you, numerous times, that's what the warranty is for. Go sell the BMW and get something else.

      • what are you driving at the moment?

    • +2

      that's why there is warranty.

      I fail to see how a screen replacement detracts from its value. For example, who is going to know?

      As far as the market goes, your car is 1 day old (or whatever from that day). Btw its depreciated already given its out the door and if I have to explain that to you, you are truly behind the 8 ball.

    • You will never know, it might have other parts that you should be worried about.

      It could have had a gearbox failure when it was driven off the production line, that also would have been replaced.

      The dealer might have found another 30 faults just before they delivered it to you and fixed those. That also might have created to problem with the display.

      Whatever you are screwed.

      And expecting to come to a bargain site and expect us to tell you what you want to hear is just as screwy

      Life is like that

    • +7

      Can I give you some perspective?

      My experiences

      New Mercedes: Broken rear clip, broken door panel, misalligned dash. Fixed

      New BMW: Window seal clip not glued in. Fixed

      New VW van: Rear doors just don't close properly - solution, slam it hard.

      New Tesla: Warp in dash - just dealing with it

      Move on bro or buy a Toyota (where every single hilux I've seen in a fleet has squeeky rear horse shoe brakes on reverse)

      Wait, now that we know it's an X1 YOUR BMW WILL:
      Will get oil leaks within a few years
      Your rubber engine mount vibration isolator (is that what it's called?) will probably break.
      You will blow your air charger hose at least twice.
      You will get check engine warnings
      Your tyres replacements will cost at least $300 each tyre
      Your brake changes will cost about $1200

      • Fantastic comment

  • +6

    LOL… FFS. This site is just the gift that keeps on giving…

    A brand new car that needs part replacement on the first day is equal to a refurbished car!

    No, it isnt. It's poor form, but that is why warranty exists…

    we are still faced with a higher risk of the issue recurring in the future

    Not how that works.

    And are we talking 7 Series here, or a 1 Series? From my experience working as a BMW tech many moon ago, the cheapest cars were owned by the people that could least afford them and were usually the loudest when it came to issues.

    I swear this was not meant to be a troll post
    Member since:…

    Yeah, ok, champ…

    • +3

      could least afford them and were usually the loudest when it came to issues.

      X1, so your past observations have yet to be contradicted.

      • +2

        Lol… called it. It always is… the 316Ti drivers would moan like stuck pigs over the smallest of issues while the 740Li drivers wouldn’t give a toss.

        I knew 100% that OP bought in at the cheapest possible level to get that badge feeling.

        • +1

          316Ti

          Gawd they were friggin ugly. Haven't seen one in the road in ages.

  • +3

    That's how it works. If you get continued issues then seek a refund.

    Mercedes would have said it was a feature

    • +6

      “We’ve disabled the screen so you’re not distracted from the driving experience.”

      • +1

        It’s a BMW… chances are it’s not broken… just locked behind a BMW paywall and OP doesn’t want to pay for the extra features… :D

  • which we are sure for now has a higher chance of becoming a lemon …Hence, why do we have to pay the full price?

    To be fair you did buy a BMW so…..

  • +5

    I had four recalls on my new vehicle. Should that be a 40% discount?

  • This is why I always tell people to buy the indestructible Toyota for an ease of mind.

    Reliability > Status.

    • To be fair, my old Corolla infotainment system needed replacing under warranty as iOS7 via my OG iPad mini killed it entirely. Driver power window motor also got replaced (without my prompting) under warranty as they said it was too noisy.

      Hopefully my new dealer where I got my current Corolla from is as good as my old dealer when it comes to warranty …

    • +4

      This is why I always tell people to buy the indestructible Toyota for an ease of mind.

      Reliability > Status.

      23 June 2023

      TOYOTA AUSTRALIA RECALLS YARIS VEHICLES DUE TO FRONT LOWER SUSPENSION ARM
      Toyota Australia has today announced that it will initiate a safety recall involving certain Toyota Yaris vehicles produced between May 2020 - May 2023 (inclusive). There are approximately 7,600 vehicles involved in the Australian market.

      During the manufacturing process, the ball joint insertion portion of front lower suspension arm may have developed minor cracking. If the vehicle is repeatedly driven on bumpy and/or uneven road surfaces, the cracks may spread, and the front lower suspension arm may break allowing the ball joint to dislodge. In the worst-case scenario, vehicle stability may be compromised increasing the risk of a crash.

      All brands of vehicles have recalls. Two of mine were for the Takarta airbags that 90% of manufactures used.

      Toyota Australia is recalling approximately 26,000 examples of its Kluger Hybrid, RAV4 Hybrid, LandCruiser 300 and Mirai vehicles as a software error may stop the stability control system from automatically turning on when you start the car. This recall affects Kluger Hybrid, RAV4 Hybrid, LandCruiser 300 and Mirai vehicles produced between March 2021 and April 2022.

      Here is a list for you to peruse.

      https://australiancar.reviews/toyota_recalls.php

  • Bad, but in this environment not many options. They may have had to freight the car in etc… However (devils advocate)… Did they know about the "fault" the whole time? Remember a vid talking about how dealers can sell a car that's been at a dealership for months (non demo) as "new". As they are often sitting outdoors, they get issues with rust etc. In the US there's ways to check the history and might be the same here.

  • OP buys an expensive car built on the other side of the world and it has a fault, then joins OZbargain to complain.

    Is OZBargain now ozCOMPLAINTS?

    • +1

      Feel free to point out any cars built locally that share the same characteristics as OPs purchase.

      • characteristics

        You mean Day 1 faults?

    • It's mild entertainment until the next true bargain.

  • +4

    Many cars would arrive at the dealer and undergo a pre-delivery check. If a fault is discovered a part is replaced and you would be none the wiser.

    On the same topic…

    I just had the entire touchscreen and associated computer module in my 2020 Mitsubishi Pajero Sport replaced under warranty. Couldn't have been easier… took the car for scheduled service and said "the screen only work 25% of the time" It had started playing up two weeks earlier either not responding to touch or randomly changing the radio station or making phone calls all by itself. They did the scheduled service and at the same time did a hard reset on the computer. When I picked the car up I immediately tried the screen and showed them it still didn't work. Once the dealership had met the factory warranty obligations to do a hard reset and the issued was not resolved (they needed a second report of the same fault from me but could accept the second one immediately upon collecting the car) they ordered a new computer and fitted a brand new unit a week later at no cost.

    • +1

      Did the dealership cut you a cheque for 10% of RRP for compensation?

  • +3

    suffering

    People should be more empathetic to the poor souls buying $100k euro cars that merely get parts replaced with warranty, I can't imagine the suffering you're going through!

  • +1

    I swear this was not meant to be a troll post at all!

    That's EXACTLY what a troll would say.

  • +2

    Congrats Op, your thread will go down in ozb history.

    • +2

      not sure an X1 is high yield enough according to Westpacbook guide.

  • +1

    🥔O🥔P🥔

  • So anytime there is a fault you want BMW to replace with a brand new car?

  • +4

    Go back and demand they exchange it for a brand new Camry.

  • +3

    Lucky OP didn't get a Volkswagen. Friends Volkswagen took about 2 years for them to find a short that kept leaving him with a flat battery.

    Volkswagen replaced the battery and an alternator a few times before the glove box caught fire and they found the short draining the battery.

    They towed it to the dealership so many times he was on a first name basis with the tow truck driver.

    • +1

      Friend was unlucky the whole car didn't burn to the ground so they could be rid of it.

    • unlucky i’d say.

  • +5

    Typical BMW owner not understanding how things work.

    Explains why none of you can indicate

    • +2

      Indicators are optional extras on BMWs, Audi's and Range Rovers. And even then, owners can opt out of using them because they are a better class of people, just ask any of them.

      • Indicators are optional extras on BMWs, Audi's and Range Rovers. And even then, owners can opt out of using them because they are a better class of people, just ask any of them.

        I was behind a Tesla recently. We both turned the same six corners. Not once did the Tesla driver use the blinkers.

        • to be fair, the indicators on Tesla's are laughably small to begin with. Surprised they are legal.

  • You are worried about them replacing a part under warranty?

    If your TV fails and you buy a new one, does the new TV have a higher chance of failing because the old one failed?

    One could argue that your infotainment system will be the newest part of the vehicle. I'd be more worried about all the 'older' parts failing..

  • +5

    They have fixed the part and won't give you a new car or a discount. They have fulfilled the terms of their warranty. Problems have solutions. There is no further solution to this, so it's not a problem anymore. Learn to live with it.

  • +1

    bit late to the party here.
    My brand new XV had a plastic panel on the outside pop out a bit the very next day after driving away.
    it got fixed under warranty.

    never had any other issues since.

    • I don't think you're late at all. Beats people replying to a thread where the last comment was made three years ago, which has been happening a lot lately.

  • Can you down vote people, or only their posts? (Asking for a friend!)

  • BMW is notorious like that, but at least share the dealership in question for Ozbargainers to avoid making high yield investments in.

  • +1

    You sound like the kind of person to get the wrong meal at a restaurant. Eat the whole thing, then complain after the fact and ask for a refund.

    The issue is fixed, and there is NEVER a guarantee for ANY parts, electronic or mechanical, that it'll be free of hassle or errors/faults ever. As others have stated, warranty exists for this purpose.

    Buy a different brand that offers 7-10 years warranty next time given your expectation is everything should always just work - it won't - the extra warranty might save you some hassle long term.

  • Beemer = a fool’s car, rainbows and pink clouds, always ends up with heart break.

  • +1

    I sympathise for OP picking up. new car only to find out a part is DOA! especially a BMW. It shouldn’t happen, but they do. You can let it consume you till the day you sell it, or just move on, let it get fixed and enjoy it. There is absolutely no guarantee even if they gave you a brand new replacement vehicle, it couldn’t happen again. The only chances of replacement vehicle is if there was some major catastrophic failure, which you’ll need to go through the whole 9 yards for that.
    Lesson here, don’t buy a euro piece of shit.

  • Well OP did buy a BMW….

  • +1

    OP Troll has ghosted us now. 9 more hours and I get 5 more negs to unleash here.

  • OK Beemer - last night we were disturbed by booming sounds coming from the street outside - looked out the window to see a parked car with lights on, particularly a hand-held little screen lit up - okay figured the driver was talking on a hands-free phone call linked to his car speakers.

    Tolerated it for a few minutes, but finally went out, saw it was a shiny-new looking BMW SUV, tapped on the closed driver's window, the driver must have said 'hang on' to the other end, a few seconds the window came down, I saw an Asian young guy, and I told him 'your speakers are disturbing me behind the closed windows in our home' (12 metres away) - he was 'sorry - I didn't realise' - and quickly turned it down.

    The more expensive your car, the more it can alienate the people around you … ?

  • I bought a new Dick Smikth TV for kitchen with a 5yr warranty. Sound failed at 4yrs 11mths. They gave me a brand new TV based on my phone call. But it’s not the same. It’s got extra features. I want compensation for having to learn the new features! And I had to dispose of the old one because they delivered to Melbourne for free. And it’s a Samsung not the premium brand I purchased years ago. And the Samsung is now 10yrs old and outdated. (Bing Lee Sydney). /s
    Gorblimey. Some people.

  • Vast majority of car manufacturers send out updated lists to dealers of potential faults that have appeared since the vehicle was shipped. In the weeks or months before the vehicle gets to the dealership faults come their attention.

    A mate of mine use to work at a dealership many years ago and said 10 potential faults to be checked per vehicle was common one model he spoke about had nearly 30 potential faults that needed to be checked.

    Doesnt mean you can detect them its a case that fault may not appear or if it does its once warranty has lapsed.

  • +1

    All they have to do is repair the fault is which what they have offered to do. Just bad luck on your part. All other faults within your warranty period will be handled the same.

  • +1

    Some people should still be driving a Datsun bluebird or Holden camira. 😂

  • Be happy it failed with a valid warranty not just after expiry, these things happen, plenty of TVs are DOA, etc…

  • If it is on finance, stop paying n let them take the car back

  • It doesn't matter. Honestly I'd say you were to blame as you should have inspected before you took delivery and if you did…and it only occured after, then you have a 5 year warranty. That's what it's for.

    Last year I took delivery if a new car. my car has door protectors that come out when you open the door to protect from smashing your door into something…never seen it in any other car. Anyway, they agreed to fix at the first service and now everyone's happy….I suggest you take this approach.

    Now if they engine died on the first day
    ……maybe you'd have a case and could argue with BMW Australia about getting a lemon…but not the infotainment system.

    • Well the issue only happened after I drove the car home. How was I supposed to inspect an issue that occurred intermittently? The dealer advised there was another buyer that experienced exactly the same issue out of the same batch. How lucky were we …

      • Then you're out of luck. The only way to get a new car is refuse delivery…and even in the current climate where there is a 6 month wait for most cars…if you declined to accept the vehicle. They'd just sell it off to someone else and you'd be waiting or have lost the deposit

        If it was a catastrophic failure…ie the car was not fit for purpose, maybe….but yeah…really out of luck here. If you're so concerned. Depending on the car and the current wait time you could even sell it and break even. Then buy another one?

  • i would have opted for a refund, any electrical device in australia with a major fault is subject to repair replace or refund unsuable car on first day of use would be an instand refund for me

    • Had thought the same thing but the dealer rejected my refund request bluntly …

    • A car isn't an electrical device, despite you thinking it is.

  • The ACCC disagrees with you. If it’s an issue that can be repaired, they have the option to repair it.
    If it’s major, then an option can be given.

    Given the price of a vehicle, a repair is reasonable provided that it can be done reasonably quickly. I would expect a new part though.

    It’s not comparable to a new phone that can’t be repaired easily.

  • You are entitled to a new car and they need to keep issuing you new base model BMWs until they get it right.

    are you related to this kid?
    https://www.abc.net.au/news/2019-08-13/man-pushes-bmw-into-r…

  • MOVE ON OP. You are a child. Honestly.

    • +1

      How grateful should an unlucky buyer of a faulty product that is seeking some understandings here be for your super sweet/encouraging comments? Or should we say instead, how much would the dealer pay those smart guys who unlike/down vote whichever buyer that expresses their frustration online for a potential lemon car purchased?

      • +1

        Here's what I see. You come here to vent and cry and despite the majority of the general public here telling you otherwise, you continue sulk and refuse to hear it. That's a definition of a child mate.

        Why don't you act like a adult. Maybe consider:

        1) talking to your dealer and negotiate something. Maybe they extend your warranty by an extra year. Maybe its free servicing after your warranty is over. Maybe its a free BMW toy car for your kids. I don't know, use your F*#$ing brains.

        2) still unhappy? go talk to a lawyer and see if you can sue them. When they tell you the same as we have told you, maybe you accept it like a man but at least you can tell yourself you tried everything.

        Done wasting time on this.

      • A faulty head unit does not make a car a lemon. People replace head units all the time as a choice, to upgrade from older or insufficient units.

        A head unit is an electrical component of a car that is generally separated from other components of a car.
        A faulty head unit has no impact on other systems contained in a car.
        Replacing a faulty head unit also has no impact on other systems in a car.

        If there were issues with:
        A) brakes
        B) power steering
        C) air conditioning
        D) engine
        E) ECU/APU
        Then I would understand your concern, but it's not. It's a simple head unit.

        The whole point of a warranty is to allow the retailer to fix the situation. The ACL even allows for multiple faults of a vehicle and lemon laws.
        Jumping up and down and calling it a lemon is straight out ridiculous, especially over such a minor component.

  • OP, is this your first new car? I’ve bought 2 new cars over the course of my life so far and both had minor issues from the start. It’s just part of the car ownership experience. New or used.

  • +1

    So, while you are being lambasted (rightfully so to an extent) by everyone on here, it is important to know that vehicles ARE covered under the ACL just like any other goods (as long as it's either for personal use, or under $40k). Assuming it's not a work vehicle, you would be covered by the below.

    From the ACCC Site:

    If your new car fails to meet the consumer guarantees

    If your car fails to meet a consumer guarantee, you have rights against whoever supplied you the car (e.g. the car dealer), and in some cases against the manufacturer. In particular, you are entitled to a repair, replacement or refund if your new car fails to meet the consumer guarantees. The remedy you’re entitled to, and who chooses the remedy, will depend on whether the failure is major or minor.

    Major failures

    This type of failure happens when:

    • your car cannot be fixed or it is too difficult to fix your car within a reasonable time (e.g. your car develops excessive jerking due to a manufacturing defect that cannot be repaired, or is too difficult to repair within a reasonable time)
    • if, as a reasonable consumer who was fully aware of the nature and extent of the failure, you would not have bought the car (e.g. your car suddenly and unexpectedly loses power due to a manufacturing defect)
    • the failure prevents you from using your car and it cannot be fixed in a reasonable time (e.g. your car is not drivable due to a manufacturing defect and is incapable of being repaired in a reasonable time)
    • the failure creates an unsafe situation (e.g. your car has a fault that affects your ability to brake or steer the car easily).
    Type of remedy

    You can ‘reject the car’ (which typically requires you to return it) and choose between a repair, replacement or refund. You should clearly advise the supplier that sold you the car (e.g. the car dealer) if you intend to reject it, and explain why – e.g. the car is not drivable, or the car was not repaired within a reasonable time, etc.

    You may also be able to recover ‘reasonably foreseeable’ damages for any loss or damage you suffered from the supplier that sold you the car (e.g. the car dealer), or in some cases from the manufacturer.

    Minor failures

    This type of failure happens when:

    • your new car can be fixed, or the problem can be resolved, within a reasonable time (e.g. your car’s engine develops a slight rattling noise that doesn’t interfere with its ordinary operation, and can be successfully repaired within a reasonable time).
    Type of remedy

    The supplier that sold you the car (e.g. the car dealer) can choose to repair or replace your new car, or to offer you a refund.

    Any repairs must be done within a reasonable time and without charge.

    However, you may choose the remedy if the repair is not done in a reasonable time.

    In this case, you may request a free replacement or a refund. You may also seek a repair elsewhere and be able to recover the costs, as well as any ‘reasonably foreseeable’ loss or damage you suffered as a result of the failure, from the supplier that sold you the car (e.g. the car dealer), or in some cases from the manufacturer.

    It would depend on whether it would be classed as a major or minor fault, however given newer vehicles relying almost entirely on the centre screen, I'd lean toward the former which would then trigger the onus to be on the Dealer to be able to repair 'within a reasonable time'.

    If they are unable to repair 'within a reasonable time', then you would be entitled to your choice of replacement or refund.

    All of that being said, if you're already at odds with the dealer from day 1 (or 2 or 3 etc), your ownership period is probably not going to be fun even if you do get your way. The reasonable approach is to accept the repair (as long is doesn't take 6 months) and move on.

    TL;DR: You might be able to fight for a refund and go to a different brand/dealer, at the end of the day, the dealer will need to fix it anyway, and in this market I doubt they'll have issue selling the vehicle as a 'cancelled order'. A replacement would be a poor option for both you and the Dealer at this point. However as everyone else has said, these things are pretty common (with any brand), and the reasonable response it to get the dealership to rectify the issue in a reasonable timeframe and move on with your life.

    • Whilst new vehicles show a lot of information on the infotainment screen, the vehicle doesn't rely on it to function, therefore it's not a major fault.

  • +1

    I don't think you are ready to own an automobile. Oh wait, expand that to any machinery, my bad….

  • +4

    How good is OzBargain's diff history tool?

  • Don't worry OP.

    Muizeeb from warranty claims is gong to sort everything out for you.

  • OP has edited the entire… OP! I want to link it to others, how2fix pls? :)

  • When @kuacuia comes to the forums, then vandalises their own thread so no one can learn from their mistake …

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