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      02-12-2019, 01:34 PM   #1
n0va
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Car didn't come with features as advertised

Hey guys, I have a question that maybe someone here could shed some light on.

I just purchased a certified pre-owned 2018 m240ix for my son. After receiving the vehicle and driving it for the weekend we noticed that the Harmon Kardon system that was advertised as installed in the vehicle was not. I double checked BMW's website and just as I suspected, it was listed there in the features section of this vehicle.

What would be my best course of action here? I have contacted the dealership and every time I try and speak with a general manager, or the sales rep. I keep getting the run around. "We'll look in to it." or "I'll have to ask and find out what happened." but I don't seem to be getting anywhere or any response.
Any suggestions as to what my next step should be? Should I ask for the amount that it would cost to be in the vehicle back? Should I ask that it be installed in the vehicle at their expense?

I'm not sure of what the laws are regarding this here in Ontario Canada, as they seem to be pretty vague.

Thank you for any help that you can provide!
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      02-12-2019, 01:45 PM   #2
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Make sure you find any trace of evidence you can that the vehicle was advertised with it, this way the dealer can't deny your claims. Other than that, I don't really know what course of action to take, the option isn't really pricey enough to be able to bargain a good service for free in exchange, but see if the dealer will find any way to make it up to you.
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      02-12-2019, 01:47 PM   #3
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Probably not much you can do at this point. My guess is they'll say it was a mistake on their part and offer you some money back and if you don't take it, they'll tell you to pound sand.

I suppose they could install the HK system, but it would be quite expensive and time consuming. The HK system has additional speakers including subs under the seat and an amp in the trunk. I'm sure the car is prewired, but the dealer is probably looking at $2,000 in parts and labor. The computer would require coding as well.
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      02-12-2019, 02:02 PM   #4
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If you are going by just the posted advertisement online those usually all have a disclaimer/fine print to work in their favor for these instances. If you have an actual sticker or bill of sale that states it should be on there then you might have a case in small claims court (if there's such a thing in CA). If not, then you just have to lean on the dealer to make it right somehow (they hate bad ratings/bad reviews so it might be worth $400 to them to make you happy), but not sure they are under any legal obligation to do so.
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      02-12-2019, 02:29 PM   #5
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The signed "Offer to Purchase" lists the model, VIN, colour, in-service date, options, features, etc. As Judge Judy would say "that's the four corners of the contract".
If the Harmon Kardon is not listed there, then you're probably SOL legally.
That said, the dealer may give you something as a goodwill gesture to make sure you remain a happy customer.
Good luck.

BTW, you're a good dad for buying your son the M240ix. My son got my 2016 M235xi ragtop a few months ago.
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      02-12-2019, 02:36 PM   #6
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Quote:
Originally Posted by bimmerfile View Post

BTW, you're a good dad for buying your son the M240ix. My son got my 2016 M235xi ragtop a few months ago.
I second that, I got a '91 Accord with 70k miles and no ABS or airbags.
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      02-12-2019, 03:37 PM   #7
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You have no recourse. It is ultimately the consumers responsibility when purchasing a used vehicle to check over everything in the pre-inspection before taking delivery and driving off the lot. You signed an "as is" waiver weather you realize it or not, as all dealerships require their customers to sign before taking delivery. It's an unfortunate situation for you but if it's any consolation, the HK system isn't that much of an upgrade over the hifi system anyway so you're not missing out on much. Replace the door and rear deck speakers and add a sub/amp in the trunk and you're 10x better off than having the HK system. All this can be done for $600-$800 range if you or your son do the installation.
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      02-13-2019, 08:51 AM   #8
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Have you checked the VIN number using a VIN-decoder website? That will list every feature and option included when the car was built.
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      02-13-2019, 08:56 AM   #9
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Quote:
Originally Posted by RoundelM3 View Post
Have you checked the VIN number using a VIN-decoder website? That will list every feature and option included when the car was built.
Try this one: https://decoder.bvzine.com/
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      02-13-2019, 10:00 AM   #10
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If you didn't purchase the car new, the features listed on a car dealer's website is not binding. There might of even been a disclaimer indemnifying the dealer of website errors.

If you go to BMW.com and searched pre-owned vehicles right now, you'll see a few M235i and M240i listed with a very unique DCT transmission or a 228 M Sport listed in M car section with a single exhaust tip.

Always verify the option via the vin decoder website listed below.


https://www.avvo.com/legal-answers/d...pr-716583.html

Sample of typical auto dealer disclaimer:
Attached Images
 

Last edited by Poochie; 02-13-2019 at 10:18 AM..
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      02-13-2019, 01:12 PM   #11
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wow I got a 1998 audi A4 with 190,000 miles on it.
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      02-13-2019, 01:34 PM   #12
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Hey guys, thank you all for the info and feedback. I'm waiting for another call back. The general manager saw the issue and I will update everybody with what happens from there.
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      02-13-2019, 09:11 PM   #13
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Which dealer was it out of interest?
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      02-14-2019, 12:57 AM   #14
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My first car was a 1970 Chevy Nova with close to 100k miles and rusty. If my first car was a practically new BMW, I don't think I'd have anything to complain about.
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      02-16-2019, 01:13 AM   #15
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Quote:
Originally Posted by mattc1176 View Post
I second that, I got a '91 Accord with 70k miles and no ABS or airbags.
Hehehe, I got an '81 Buick Century, until I earned enough money to buy a '78 Datsun 280ZX.
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      02-20-2019, 02:22 PM   #16
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Hey guys, so here's the update!

After speaking with the owner of the dealership. They apologized and were very helpful in getting this resolved. They worked out the cost of what it would have been if the HK system was installed, and refunded me with a cheque for that exact amount. While is doesn't fix the issue of having the stereo system, it does suffice and I am more than happy with the way they handled all of it, and with the money returned.

I didn't mention the dealerships name because I'm not on here to throw anybody under the bus, or to make anybody look bad. But I feel a lot more comfortable and am very happy with the customer service and professionalism they displayed when working to resolve this issue, and have nothing but good things to say about that dealership.

Thank you to everybody on here for their input and for the help!
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      02-20-2019, 02:35 PM   #17
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Nice, I think that's about the best outcome possible.
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      03-01-2021, 02:42 PM   #18
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I second that, I got a '91 Accord with 70k miles and no ABS or airbags.

wow I got a 1998 audi A4 with 190,000 miles on it.

My first car was a 1970 Chevy Nova with close to 100k miles and rusty.

Hehehe, I got an '81 Buick Century, until I earned enough money to buy a '78 Datsun 280ZX.


I got you all beat my first car from my Dad was a 1950 Plymouth with 3 on the column and a soft crank. (of course this was in 1967). Then I bought a 1959 MGA.
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      03-01-2021, 03:34 PM   #19
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Holy thread revival Batman. This one's two years old and if you read the happy ending, the OP got things straightened out to his satisfaction within a few days of starting the thread.
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      03-01-2021, 03:40 PM   #20
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Quote:
Originally Posted by p912guy View Post
Holy thread revival Batman. This one's two years old and if you read the happy ending, the OP got things straightened out to his satisfaction within a few days of starting the thread.
No kidding!

BTW p912, one of these days you'll have to share some photos of the 912. One of my personal favorites and highly underappreciated...
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      03-01-2021, 05:32 PM   #21
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BTW p912, one of these days you'll have to share some photos of the 912. One of my personal favorites and highly underappreciated...
Second that, esp. the highly underappreciated part.
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      03-01-2021, 09:59 PM   #22
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I browse a fair number of vehicles on sites like cars.com, and I notice a fair number of errors. I think what happens sometimes is a lazy dealership employee does a "cut and paste" job of the options/features of a previously sold vehicle of the same make & model, changes the exterior color designation and few other really obvious things and calls it a day. And that approach might work well enough for cars that come in very standard configurations without a ton of options. Some of the Japanese brands like Lexus occasionally sell a car with extremely limited options. But on something like the BMW 2 series with a fairly large number of a la carte options, it's bound to produce some errors. You'll see, for example, a car with "moonroof delete," but the description says it has a moonroof because it's standard equipment, right?

When I did BMW"s Munich factory tour, the guide said something along the lines that the factory produces around 300,000 cars per year and only maybe 2 or 3 are configured exactly alike. I don't know if that's hyperbole, but I suspect that it's pretty close to the truth.
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