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..
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.