Reply With QuoteHave a look at the T&Cs on your warranty contract and hold them to it (if you’re covered). As they’re a reputable place , I’d be surprised if they didn’t sort it out with no fuss.
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Alright all,
I spent a good few quid on a 2017 5-series touring about 10 days ago, from a well reviewed Beemer and Audi specialist that came on personal recommendation.
Nothing untoward on test drive, HPI clear and BMW history from its one owner.
Driving home I was u sure if I could feel the tiniest of vibration at cruising. But new car, and coming straight from a rock-hard Impreza, was doubting myself.
As a precaution, I took it for a tracking and balance on all 4 wheels.
Turns out both fronts are buckled!
No signs of repair, no signs of damage to outer rim, but inner rims are defo not true.
One is only just a smidge out, but one is proper off and needs professionally sorting. It can be done, nothing cracked etc., but it’s the arse-ache of it all.
I’ have not yet phoned the seller, as it’s the weekend, but will do tomorrow.
Not sure where it would stand legally - probably nowhere, as it is “roadworthy” and had passed an MoT weeks ago.
Warranty-wise, I am sure wheels would be excluded.
Caveat emptor? Or should I reasonably expect better when spending £20-odd k on a car than buckled wheels?
My real peeve is whether the sellers knew... but I will never find that out and I’ will see what they say on Monday.
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Last edited by notenoughwrists; 28th March 2021 at 18:39.
Have a look at the T&Cs on your warranty contract and hold them to it (if you’re covered). As they’re a reputable place , I’d be surprised if they didn’t sort it out with no fuss.
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Congrats on the new car.
Depending on the garage, they may have only driven the car as much as you did on the test drive, so whether they knew about the bucked wheels is questionable.
Given the state of the roads, buckled rims no longer surprise me, in fact there are probably so many cars in the same position as yours.
Based on the reputation and the value of the car, I feel they would offer you a repair, which would in my mind be good enough but an inconvenience nonetheless.
It has to be roadworthy, buckled or flatted wheels aren’t, it’s down to the dealer to sort out, even if it’s just out of balance
Surely it was a click and collect which distance selling regulations. 14 days to send it back or return.
Ultimately you couldn’t test drive so just inform them you’re dropping it back to them
Just take the car back and ask for your money back. If you carried out the transaction off site (which under COVID rules your should have done ) distance selling rules apply. Just hand it back. They are allowed to charge you a small amount for mileage.
Click and collect isn’t a distance sale. Test drive or not, if you buy something online, pay a deposit, pay in full, or just reserve (with no deposit) then visit to collect it, it’s not a distance sale.Originally Posted by Rodder
Regardless of this, the dealership should make it right or refund.
- - - Updated - - -
Dealerships are open for click and collect so it wouldn’t be offsite.
That is incorrect. Because transactions are done “off site” distance selling rules apply. You cannot carry out the transaction at the dealership other than pick it up after payments and paperwork are completed “off site” therefore distance selling rules apply.
16 years in the trade, I’ve been doing click and collect transactions throughout Covid at the biggest Mercedes-Benz dealership in Europe.
You’re talking crap.
If it’s delivered, it’s not a click and collect and that’s a distance sale.
If it’s collected from the showroom, distance sale rules don’t apply.
I repeat, you are talking crap.
Bit of a silly over-reaction, and not really helpful to the OP.
The collect part of the click and collect transaction means the deal isn’t done at a distance because you physically go to the dealership and collect the car.
Distance selling rules would only apply if the dealership delivered the car to you.
When you look long into an abyss, the abyss looks long into you.........
As you said the vibration was slight, some people pick up on slight as you did but some people don’t pick up on a car being totally buggered....32 years in the trade has taught me that. If they’re a reputable dealer I’m sure they’ll help however after 10 days they may not.
You can repeat the word crap as many times as you want but if the deposit and payment is made remotely irrespective of whether you have the car is delivered or collected then it is a distance selling transaction.
From the link I posted.
Ms D visits the website of a car retailer, uses the configurator on their website to ‘build’ her new car and places the order. The business then sends her the contractual paperwork and finance agreement to complete by e-mail, which she fills in and sends back, also by e-mail. She then calls the retailer in order to pay the deposit. However, she doesn’t wish to pay the cost for the car to be delivered to her home and goes to the showroom for the handover of the vehicle.
Does this constitute a distance sale?
The answer in this scenario is YES, because Ms D ordered and completed the contractual information on the internet and paid over the phone. Her visit to the retailer came after she had concluded her contract with them. However, if Ms D had signed any of the sales documentation on the retailer’s premises, before collecting the car, this would no longer be a distance sale and she would not benefit from any additional rights.
When you look long into an abyss, the abyss looks long into you.........
Cannot believe the overreaction on here when given advice sometimes-
OP, Buckles can easily happen, especially so with BMW product, lost count the amount of 19” alloys I’ve cracked and had to get repaired or replaced. As you’ve already intimated just give the garage a call tomorrow, any reputable place will just apologise and get them repaired for you, buckled wheels (depending how bad they are) may not be picked up on a pre-delivery inspection.
Quite a few people on here that’ll probably be able to help, where are you located?
Last edited by Rob153; 28th March 2021 at 21:22.
It’s down to how the transaction was carried out, ‘click and collect’ is not deemed as ‘distance selling’ as long as the paperwork is done onsite ( more years in the trade than I can remember)
Just to add- When dealing with any purchase over the phone I’ll only ever take a a holding deposit, I’ll never take full payment until they have seen the car in person, if you did take full payment before they’ve seen it and they’ve signed paperwork then even if they visit the showroom it still constitutes a distance sale.
Last edited by Rob153; 28th March 2021 at 21:27. Reason: Not reading the paragraph properly
As usual. Another thread slowly descending into utter nonsense, with a load of incorrect ‘”facts’” flying around.
Ring the dealer tomorrow. The whole situation is currently hypothetical, they will probably fix it. If not, send me a PM. I can probably help.
On a BMW, be thankful they’re buckled and not cracked!
It’s very unlikely the supplying garage knew. Same goes for the MoT garage (unless it’s like a 50p).
I’m a tyre fitter of some years experience. If you’ve got a video of the offending wheel, feel free to get in touch.
I’ve got a F10 5 series and it’s always felt like that! Well on the 18in run flats it has a constant slight vibration on the 17in normal it’s better. If it’s 18 or 19 inch rim with run flats the side walls are so hard the wheels can get miss-shaped it’s a problem that’s all over the Bmw forums.
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Speak to the dealer and see how they react. It doesn’t matter how you bought it any used car sold by a dealer MUST be ‘fit for purpose’ and you are covered by The Consumer Rights Act 2015. There is a very important time frame you should be aware of if the dealer don’t play ball. If the car purchase is under 30 days ago you can reject it. There’s some good info here but just ring them first and see what they say, in the unlikely event they mess you around then formally reject the vehicle and ensure this is documented.
I bought an ex-demonstrator from Volvo in November via click and collect and they were clear distance selling regulations applied. The showroom is shut due to C19, they cannot legally open so it considered a distance sale. You pay in advance. They literally give you the key.
With any purchase you then have 14 days to return.
They noted they would charge for milage, but that would be negligible in the grand scheme.
I do agree with others that I would speak with the garage first to find a solution.
Last edited by Rodder; 28th March 2021 at 22:58.
I just bought a used Mazda approved MX5 and totally the same experience. 14 days to return if not happy. It's not going back 😃
Amazed that someone with years in the trade doesn’t know the rules TBH.
The Motor Ombudsman supercedes dealerships own rules and forum theories.
https://www.themotorombudsman.org/distance-sales-faqs
See highlights
As I said, IF YPU VISIT THE DEALERSHIP IT IS NOT A DISTANCE SALE
The law supersedes any motor ombudsman and that bumf looks like it was written pre-Covid.
Aren’t dealerships supposed to be closed, how are contracts signed there? Why are customers visiting (apart from picking up their drives)? If it’s a true click and collect (like any other purchase) I order and pay online and collect at the store. Why are car dealers special?
Last edited by Kingstepper; 29th March 2021 at 01:40.
As an aside you can see this type of selling turning into a lot of muddles, treating a car like a toaster is going to eventually change the UK car market, the US have lemon laws to enforce buyers rights, over here the car industry has always managed to lobby its way out of enforcement. As it currently stands you have more rights buying remotely than you do walking into a showroom, for this reason alone car dealerships are going to go the same way as the high street.
Over the past month I have visited quite a few dealers, ranging from specialists to Main Agents, I’m in the trade so part of my work- I’ve seen the ‘click and collect’ system operate completely differently virtually everywhere I’ve been, from people just collecting from a designated area in the dealers car park to people sitting at desks carrying out paperwork.
It’s certainly been a grey area as have the Covid protocols, one Dealer I was allowed to just walk in without being challenged, next one was almost like a scene out of E.T. Temperature check etc...
You could argue that just by taking a sales deposit with the ‘click and collect’ system you are entering into a sales contract, thus triggering distance selling regs. If a holding deposit or reservation fee is taken, then distance selling wouldn’t come into it, you can see how the whole system can be confusing, it’s not just black or white. Unfortunately when the consumer rights act came in it was perfect for some industries but confusing to apply in others.
The text is poorly written, but the important piece is that if the deal is signed and paid at the premises, it’s not considered a distance sale.
It doesn’t say it doesn’t apply if you visit the dealership. Even if you use caps.
This is ofc totally moot for OP who just wants his car fixed.
You missed this but out:The Motor Ombudsman supercedes dealerships own rules and forum theories.
https://www.themotorombudsman.org/distance-sales-faqs
See highlights
As I said, IF YPU VISIT THE DEALERSHIP IT IS NOT A DISTANCE SALE
Which applied in my case, whether that is true for the OP is not clear.However, if you have ordered the car, signed all of the relevant documentation and paid for it completely at a distance, normally online, this will count as a distance sale even if you then go and collect the vehicle from the showroom. Retailers have to give you certain information if you are buying at a distance, including information about your cancellation rights, so if you are not sure which legislation applies to your purchase, either check with the seller or read through your terms and conditions.
I completely agree- The mainstream car industry is going to dramatically change over the next decade, Covid has had a massive influence, but just shows you with the massive growth of Cinch, Cazoo etc....
Last edited by Rob153; 29th March 2021 at 10:26.
I think the consumer has changed as well. It used to be a huge purchase with a lot of thought. Now it’s just £300 so much less to worry about.
The trigger is whether or not you signed the paperwork at the dealership.
I’m guessing if the OP didn’t then he has much more leverage to get them to sort the problem.
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The motor industry should perhaps remember why these regulations exist - to protect the consumer who can’t inspect the goods before purchase - rather than trying to wriggle out of them.
It’s a bent wheel ffs, why all the angst.
Speak to the dealer and I’d expect half the stuff you guys are on about would be not needed.
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Drama fills the vacuum?
So OP, now you stirred up the storm, how you did you get on?
Hi folks - well, what a mix of responses, with a lot of good info and a spicy bit of mad mudslinging ha ha!
I called them today, only managed to leave a message for the chap I dealt with, and only had one chance to call so will have to follow up tomorrow.
I still expect a reasonable response so no need to start bricking windows on their forecourt just yet ;)
To those who have offered me various forms of help, thanks!
I may well be giving you a shout - but will see how the call pans out with the dealer tomorrow.
(Out of interest, it was not a distance sale. I met them at the showroom, test-drove and took it away from there.)
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