if the dealer sales a car that was previously wrecked, they will be out of business. Go look up the laws, about it you will see. Bmw can be sued also, which I dont think they will like very much. Insurance is paying the claim so I expect tose cars to end up, sold with a salvage title.Originally Posted by speedminded
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That wasn't too difficult to find, as i said before...
43-47-2
(14) "Salvage vehicle" means any vehicle which:
(C) Is an imported vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title.
If it's not a total loss and they don't claim it as a total loss then it can be repaired and sold as new. As a dealership have you not repaired hail damage on vehicles and sold them as new?
you are talking about completely different damage. When a car is wrecked is different from hail damage. We can not sell the car as new. We cant sell it as salvaged either, because we dont have a liscense to sale salvaged cars. The insurace company will be able to sell those cars. Bmw will be payed for the damaged cars and will build new ones. The customers who loss their cars will be, compensated in some form.
Some customers will receive really good discounts, or maybe some of their money back. Bmw will have to make good in some form to it's customers cars it lost. Think about why would BMW risk a law suit.
Last edited by WHAT_LAG; 01-16-2008 at 09:06 AM.
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do you mean lose?
-IA MGMT is inappropriate.
LMAO!!!
first Badger, now you hehehe have some +rep
ok since you know everything, and you are a new/ used dealer. I will leave it at that
Last edited by WHAT_LAG; 01-15-2008 at 01:34 PM.
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I'm sorry, I would never admit to being a dealer even if I was. Aside from the ethical issues I've dealt with who do you suppose I would call up? With the exception of most technicians, a couple others in service, one salesman, and maybe one person in finance I have yet to meet anyone else with redeeming qualities, common sense, or morals at ANY dealership....but that's not the subject here.ok since you know everything, and you are a new/ used dealer. I will leave it at that
The point is, if the vehicle has not been sold to a consumer and has not been issued a title and is damaged but is not a total loss and is not claimed as such then repairs can be made and it still be considered new.
The only way the car can be sold as new, which all of you have failed to mention. Is if a customer is willing to sign a statement, say they will buy a car that has been wrecked. If not the car will be salvaged as I have stated. Bmw will come out better, by just build new cars and having the insurance pay for the others. I am out later.
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I know 9th grade homeless kids from volunteer work that could type better English with their feet. Do you know how to properly place a comma? Is you capable of typing a sentence or are you all selled out on that's much thinking?
SELL SELL SELL SELL SELL SELL.... repeat that a few times please. My God how hard can it be to comprehend???
Yes, BMW already got sued back in 95 for $2million for repairing damaged vegicles and selling them as new without disclosing they they had been damaged in shipping and fixed.
http://www.maryalice.com/cases/bmw_paint.asp
Why Did BMW Deliberately Rip-Off Its Own Customers?
Dr. Ira Gore, who treats cancer patients in Birmingham, Alabama, bought a new BMW 535i automobile in January 1990. He paid $40,750 for the car, which BMW markets as the "ultimate driving machine," with "flawless body panels" that retain "their original luster" after many miles of wear.
Dr. Gore wrongly assumed that since the car was new, it had never been damaged. In fact, when Dr. Gore took his car to an auto detailing expert nine months after the purchase, he learned that virtually the entire car -- the top, hood, trunk and quarter panels -- had been repainted due to acid rain damage sustained in transit from BMW's factory in Germany. BMW kept computer records of repairs to all of its cars, but no one from the auto maker ever told Dr. Gore that the car he bought had been repainted at a company facility in Georgia. BMW even failed to disclose to its own dealers that cars had been repainted.
Feeling cheated, Dr. Gore filed a fraud suit in Alabama state court against BMW and the dealer. During the trial, Dr. Gore showed that:
* the repainted car -- although it looked "new" -- would always be unavoidably inferior. This is because the super-heated painting process at the factory could not be duplicated once non-metal parts were installed in the assembled car.
* even if the repaint job was done as well as possible, the car still would be worth 10 percent less, a former BMW dealer testified. This is because the paint on the repainted car would begin to fade, reducing the value of the car. (In Dr. Gore's case, he was defrauded out of approximately $4,000, i.e., the $40,750 purchase price minus 10 percent.)
* BMW's Executive Board had adopted a policy in 1983 to deliberately and fraudulently conceal from customers -- and even its own dealers -- that vehicles had been repainted, regardless of the extent of the damage or cost of repairs. Notably, a BMW expert testified that he would want to know whether a car had been repainted if he was going to purchase it.
* a minimum of 983 other cars, each with at least $300 in damage, had been sold to unsuspecting American customers. BMW also sold more than 5,850 other repaired vehicles as "new" without disclosing repairs. These figures, though, vastly underestimate BMW's program of nationwide fraud. At a post-trial hearing, BMW filed a document indicating that repainting is required on 2 to 3 percent of all new BMW vehicles sold in the United States.
By selling damaged cars for more than they were worth, BMW reaped millions of dollars through this nationwide consumer fraud. The Alabama jury did not let BMW get away with it: The jury awarded Dr. Gore $4,000 for the diminished value of the car and $4 million in punitive damages to punish and deter BMW from engaging in fraud. Five days after the verdict, BMW dropped the policy and quit fleecing Americans. The manufacturer now discloses all damage to its cars.
In upholding the award, the trial court found that BMW had "deliberately engag[ed] in a scheme of fraud from which [it] derived monetary benefits," that the scheme "had gone on for several years," and that in light of the "monetary benefits accumulated by [BMW's] wrongful acts . . . the jury was justified in awarding sufficient damages to prevent similar wrongs in the future."
The Alabama Supreme Court agreed with the trial court that BMW's misconduct had been reprehensible and merited punishment. However, the state supreme court found that the jury -- which apparently arrived at the $4 million punitive award by multiplying the approximately 1,000 documented cases of fraud by the $4,000 diminution in value per car -- should not have considered the fraudulent acts occurring outside Alabama. The Alabama court then considered the fraudulent cases in that state and reduced the punitive award to $2 million.
This case is about what it will take to punish and deter a multinational company that deliberately and intentionally defrauds its customers and reaps an unjustified windfall. Punitive damages are particularly appropriate where a defendant, such as BMW in this case, has fleeced unsuspecting consumers.
Article Reprinted with Permission from
American Association for Justice
02' Miata
wow dumbass speedminded already pointed that out. STFU and GTFO bish
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Yeah, but you'll still fail at learning the difference between "sale" and "sell", figured you need more reminders. It's quite amusing someone corrects you and you discredit them and tell them to stfu..... lol
02' Miata
No I told you to STFU because someone else already corrected me. So therefore, if you read and saw where he correct me common sense would tell you. Damn someone already corrected him.
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1. No,
2. STFU,
3. seen
4. corrected me,
5. tell you, "Damn, someone already corrected him."
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- 2008 Acura TL-S
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