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Discussion Starter #1 (Edited)
Okay on Friday one of my best friends finally decided to purchase a 2001 Black M5(in NY). On Saturday everything was ready and he picked up the car around 11:00 a.m. He comes on my block at about 2:00 p.m. I drove the car. It felt responsive and healthy. No motor knocking whatsoever. After about an hour of hanging out while he was driving home, he suddenly heard ....knock...knock..knock.knockknockknockknock...BANG!!!!!!!!!! Black smoke seeping through from the sides of the hood. He knew the motor had blown(we have good experience with auto maintenance). However the used car dealer said "oh just jump the battery." My friend told them that the situation will require more than that. They towed the car to a shop and called my friend yesterday, telling him " you must of over-revved the car, or dropped it from 6thgear into 1st gear, because one of the pistons went through the block. We cannot be responsible for the car." Please keep in mind guys that my friend and I both owned 540i6/speeds prior to the ///M5. They then moved on to telling him that "there is an M5 motor in Florida selling for $7500.00 (used) and will split the cost in half." This is an insult he is 21 and I am 22. So I am coming to the conclusion now that they are making accusations based on age/looks. When I test drove the car My friend specifically told me not to rough it up because it had been sitting for a couple of months and he wanted to baby/tune it up before any spirited driving. I do not feel that he should have to pay any portion for this motor. QUESTION: Isn't there a law when buying from a used car dealer that Engine/Transmission should be warranted for minimum 30days? Actually he has the paperwork to prove it, but is still getting a run around.
This is not my car, however I do feel that they are taking advantage of my friend. He should either get a full refund or a new engine placed in and their expenses....Like I told my friend the S62 is a durable engine and a couple hours of driving it could never do this. It must of been poorly maintained and a ticking time bomb.
Please Advise on any laws/ legal action that must be initiated..
Thank Guys....
 

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Okay on Friday one of my best friends finally decided to purchase a 2001 Black M5(in NY). On Saturday everything was ready and he picked up the car around 11:00 a.m. He comes on my block at about 2:00 p.m. I drove the car. It felt responsive and healthy. No motor knocking whatsoever. After about an hour of hanging out while he was driving home, he suddenly heard ....knock...knock..knock.knockknockknockknock...BANG!!!!!!!!!! Black smoke seeping through from the sides of the hood. He knew the motor had blown(we have good experience with auto maintenance). However the used car dealer said "oh just jump the battery." My friend told them that the situation will require more than that. They towed the car to a shop and called my friend yesterday, telling him " you must of over-revved the car, or dropped it from 6thgear into 1st gear, because one of the pistons went through the block. We cannot be responsible for the car." Please keep in mind guys that my friend and I both owned 540i6/speeds prior to the ///M5. They then moved on to telling him that "there is an M5 motor in Florida selling for $7500.00 (used) and will split the cost in half." This is an insult he is 21 and I am 22. So I am coming to the conclusion now that they are making accusations based on age/looks. When I test drove the car My friend specifically told me not to rough it up because it had been sitting for a couple of months and he wanted to baby/tune it up before any spirited driving. I do not feel that he should have to pay any portion for this motor. QUESTION: Isn't there a law when buying from a used car dealer that Engine/Transmission should be warranted for minimum 30days? Actually he has the paperwork to prove it, but is still getting a run around.
This is not my car, however I do feel that they are taking advantage of my friend. He should either get a full refund or a new engine placed in and their expenses....Like I told my friend the S62 is a durable engine and a couple hours of driving it could never do this. It must of been poorly maintained and a ticking time bomb.
Please Advise on any laws/ legal action that must be initiated..
Thank Guys....

Laws vary state by state and the terms of the contract may control unless the law of that state provides otherwise. So, for example, if the contract claims the car is sold "as is", that typically means with all faults. New York may provide a 30 day warranty ( I have no idea) and if so, then notwithstanding the contract language, you would be covered to the extent of the state mandated warranty.

I would immediately contact a lawyer who is familiar with this subject matter. If there are grounds for the dealer to be repsonsible (even if debatable), a letter from a lawyer making demand for either repair/replacement or full refund (my preferred choice here from the little I know) make go a long way to getting this resolved quickly.

Good luck to your friend.
Regards,
Jerry
 
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first off you can have bmw interigate the dme and they can see how the car was driven for the past couple of days and at the time of incodent and the fact that your friend has that paper with the 30day limited warrenty either he should get a reman engine from bmw that the used car dealer need to pay for or should get a full refund i would speak to attoney
 
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I would scheldule a visit with a dealer when the field service engineer is there. Pay to have the max engine speed and max vehicle speed read out of the DME. These strings can only be read out by ToolSet32 program. The GT1 cannot read out these strings. This will prove that vehicle was over reved or not. But it will not tell you the time that it happened.
 

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TopEnd,
I am a used dealer in NJ, so I don't know NY laws in that regard, but they should have known that there was a problem with the vehicle. We are not required to give a 30 day warranty, and depending on the price, age and condition of the vehicle, we do give a warranty. If people hack down the sell price, it leaves the dealer no room to make repairs. I have never sold a vehicle where the engine blew the same day, but then not everyone is that caution in this business. And trust me I have met plenty of dealers that are not on the level. I have sold vehicles with problems in the past, but at a reduced price and with the customer fully aware of the problems.Knowing the price he must have paid for this vehicle, he can contact his lawyer and have them go over the sells agreement, and then have the lawyer contact the dealership to have the engine replaced, or he can go to his insurance company or try to get a full refund from the dealer. It is dealers like this that give the rest of us a bad name. Wish I could help more.
 

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Okay on Friday one of my best friends finally decided to purchase a 2001 Black M5(in NY). On Saturday everything was ready and he picked up the car around 11:00 a.m. He comes on my block at about 2:00 p.m. I drove the car. It felt responsive and healthy. No motor knocking whatsoever. After about an hour of hanging out while he was driving home, he suddenly heard ....knock...knock..knock.knockknockknockknock...BANG!!!!!!!!!! Black smoke seeping through from the sides of the hood. He knew the motor had blown(we have good experience with auto maintenance). However the used car dealer said "oh just jump the battery." My friend told them that the situation will require more than that. They towed the car to a shop and called my friend yesterday, telling him " you must of over-revved the car, or dropped it from 6thgear into 1st gear, because one of the pistons went through the block. We cannot be responsible for the car." Please keep in mind guys that my friend and I both owned 540i6/speeds prior to the ///M5. They then moved on to telling him that "there is an M5 motor in Florida selling for $7500.00 (used) and will split the cost in half." This is an insult he is 21 and I am 22. So I am coming to the conclusion now that they are making accusations based on age/looks. When I test drove the car My friend specifically told me not to rough it up because it had been sitting for a couple of months and he wanted to baby/tune it up before any spirited driving. I do not feel that he should have to pay any portion for this motor. QUESTION: Isn't there a law when buying from a used car dealer that Engine/Transmission should be warranted for minimum 30days? Actually he has the paperwork to prove it, but is still getting a run around.
This is not my car, however I do feel that they are taking advantage of my friend. He should either get a full refund or a new engine placed in and their expenses....Like I told my friend the S62 is a durable engine and a couple hours of driving it could never do this. It must of been poorly maintained and a ticking time bomb.
Please Advise on any laws/ legal action that must be initiated..
Thank Guys....

I am sorry to hear about your friends bad luck. I myself have a high mileage M5 and this seems very strange that a piston should blow a hole in the block.
Sounds to me like the last owner raised the rev limiter when they had the car and drove it very hard and returned it to stock when they sold it.
 

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Something else was very wrong with the car previous to your friends ownership. THe dealership knew it had a major problem and must have "buttoned it up" and sold it. Who knows what kind of life the car lived before? It probably had 8 years worth of deferred maintenance.

Honestly, I've never heard of a S62 just blowing up.
 

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Discussion Starter #9
I think you are referring to this Lemon Law for NY:

http://www.oag.state.ny.us/consumer/cars/usedqa.html

Based on what you said and what is in here, you look to have a good chance. I would push for a refund as one other poster suggested rather than dealing with the hassle of getting a used engine installed.

This information is so Helpful. It gave me more than information. It gave addresses, numbers, and perfect preparations on what steps to take for my friend to get a new engine or a full refund. I feel bad because I have a 2000 M5 and I encouraged him to get the E39 M5, because I knew he would love and appreciate it. Even though I have faith in the New York System, no one deserves to go through this inconvenience and hassle.
 

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Discussion Starter #11
I would scheldule a visit with a dealer when the field service engineer is there. Pay to have the max engine speed and max vehicle speed read out of the DME. These strings can only be read out by ToolSet32 program. The GT1 cannot read out these strings. This will prove that vehicle was over reved or not. But it will not tell you the time that it happened.

Is this 100% legal? Because I will definitely have him take this into consideration.
 

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probably a repost but...if you take it to the bmw dealer and they give you something stating that the car still has it's rev limiter then their theory is out & ny lemon law applys without the engine having to blow another two times in 90 days
 

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Discussion Starter #13
It is dealers like this that give the rest of us a bad name. Wish I could help more.
I still believe that there are alot of honest used car-dealers out there. Wicked people never prosper.
 

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did your friend have a PPI completed on the car before he bought it? Hopefully, as he could use the results of the inspection in his fight.

If not, who knows what will happen, it will be a he said/she said argument. The dealer offering to pay 1/2 of the new engine might be a good thing in that case.

Good luck...
 

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Discussion Starter #15 (Edited)
probably a repost but...if you take it to the bmw dealer and they give you something stating that the car still has it's rev limiter then their theory is out & ny lemon law applys without the engine having to blow another two times in 90 days
Wait a minute!!! If the rev limiter is still in, even if (and I mean IF) the car was redlined, it is not actually harming the engine(rev limiter)? This would throw their accusation out the window(as it is way too late to change their story now). Am I understanding this correctly?
 

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Discussion Starter #16
did your friend have a PPI completed on the car before he bought it? Hopefully, as he could use the results of the inspection in his fight.

If not, who knows what will happen, it will be a he said/she said argument. The dealer offering to pay 1/2 of the new engine might be a good thing in that case.

Good luck...
He didn't do a PPI. I understand your statement However him paying half is ridiculous for just 4-5 hours of ownership.
 

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This information is so Helpful. It gave me more than information. It gave addresses, numbers, and perfect preparations on what steps to take for my friend to get a new engine or a full refund. I feel bad because I have a 2000 M5 and I encouraged him to get the E39 M5, because I knew he would love and appreciate it. Even though I have faith in the New York System, no one deserves to go through this inconvenience and hassle.

The dealer is already taken a couple of actions....treating you & your friend like chumps because of your age, and he has started some defences.

The car was sold "as-is" and that your friend abused the car.

Spend $800 on a lemon-law lawyer (go to the NY Bar association to get a referall)....get the lawyer to send a nasty letter to the dealer.....show him that you are deadly as a heart-attack.

Come in with brute force, hair-on-fire, all guns blazing....this is how some of these meatheads operate and particularly with the law on your side, they will eventually figure it costs more money to fight the issue than to settle.
 

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Discussion Starter #18
The dealer is already taken a couple of actions....treating you & your friend like chumps because of your age, and he has started some defences.

The car was sold "as-is" and that your friend abused the car.

Spend $800 on a lemon-law lawyer (go to the NY Bar association to get a referall)....get the lawyer to send a nasty letter to the dealer.....show him that you are deadly as a heart-attack.

Come in with brute force, hair-on-fire, all guns blazing....this is how some of these meatheads operate and particularly with the law on your side, they will eventually figure it costs more money to fight the issue than to settle.

Thanks T-bone I needed that...
 

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Look, even if you PROVE that your friend didn't overrev or otherwise damage the engine, the dealer can still say "sorry, it was sold as is". DO NOT get caught up in trying to prove he didn't over rev it!

Here is what you should be trying to do:

1. Get legal advice

2. Try to get the dealer to take the car back

3. Try to prove the dealer KNEW there was a problem.

It might be interesting to find out if there is any formal "BMW History" on this car, or if it was ever at a local BMW dealership for diagnostics.

I agree that this car probably had an issue, someone buttoned it up and sold it. What does a mechanic say about the engine? Any evidence of disassembly?

Good luck

A

PS Not doing a PPI may, in fact, have cost your buddy 50% of an engine... but lets hope not!
 

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Discussion Starter #20
UPDATE!!!!!

WOW!!! The owner of the dealerships called my Friend and told him that a BMW Tech came to the shop and just ran a check on the DME and it shows that the car was revved to 9500rpm before the engine blew up. Impossible!!! Don't these cars rev out to like only 7250(please correct me) stock???? 9500rpm is not a logical number.

Sounds like some real BULL!
 
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