BMW - Dodgy paint. - veloceman
2 weeks ago I pick up my (new to me) car.
BMW 1 series Msport in Blue.
Car is 66 plate with 8,500 miles.
When I initially viewed the car I checked for scrapes dings etc.
Aside from a couple of minor stone chips the car looked mint.
The car was purchased from a local car supermarket, this would normally put me off but they had 6 cars in stock all same age and mileage, just different colours.
Do not an auctioned reject I thought.
After washing the car at the weekend and leaving parked in the sun I noticed the drivers side door and rear door are noticeably different shades of blue.
I contacted the dealer who so far have made positive noises about rectifying the problem.

I was wondering what my legal position is regarding ejecting the car as being faulty as I am well within the 1 month qualifying period.
I am concerned regarding the BMW paint warranty.
The sales man assured me at the time the car came with all relevant warranties.
But I don't really want a car that has been messed about with.
Thanks in advance.
BMW - Dodgy paint. - 72 dudes

The Consumer Rights Act (CRA) is in your favour. In the first month you can reject the car for a full refund due to a fault which was in this case obviously there from the start. You should formally notify the dealer in writing that you are rejecting it. Send the letter recorded delivery and do not use the car.

The dealer will try to convince you that the paintwork can be remedied, but like you, I wouldn't want a nearly new car which been "messed about with".

I would also be looking at BMW Approved Used for a replacement at this sort of age and value. You'll pay a bit more, but you'll have the backing of a BMW warranty from the dealer.

Car supermarkets have their place, but if they have 6 identical cars in stock, that would suggest to me ex rental

BMW - Dodgy paint. - veloceman
Thanks for your reply.
Yes, not a fan of car supermarkets, but .........
They had the spec and colour of the car I wanted within 10 miles of where I live and I could not see any BMW approved in stock.
Only 1 year old with 8,500 miles - what could go wrong? Ha ha!

BMW - Dodgy paint. - SLO76
Much of the nearly new premium badge stock at supermarket sites like this have been rejected by dealers when returned from short term lease. Most often as in your case it's just down to some substandard paint repairs. At the end of the day you get what you pay for and if you want the best nearly new stock buy an approved used car from a main dealer but still keep that guard up as I have on rare occasions inspected cars like this for people that turn out to have issues too. It's just less likely.

The BMW paintwork and corrosion warranty is invalid unless a BMW approved body shop carried out the work in the first place so unless they stump up for one to rectify it properly then it's gone, they'll reject anything that's seen paint already unless you can prove it was an approved BM workshop. Not a big worry as mostly they don't rot now (assuming no aftermarket panels have been fitted) but paint flaking off or deteriorating could be an issue later on.

Finally.. never ever listen to a salesman/woman when they tell you all the manufacturer guarantees are still in place on a used motor. I've had this argument with loads of them over the years while negotiating on behalf of customers, friends and family and unless there's a full main dealer service record then the warranty is gone plus the bodywork warranty is negated after any non approved repairs. Sales staff will tell you anything to get a deal.

If it's noticeable and they're willing to refund you or you're willing to put up the necessary fight if they're not then I'd take the money, add a bit extra and get a good approved used example. I'm interested to hear what happens in this case as although it's still an expensive motor it is a used car and some deterioration from new would be expected in law. I also doubt the dealer would pay the high cost to have a BMW approved bodyshop rectify it too. Good luck, I hope you get a satisfactory outcome.

Edited by SLO76 on 26/10/2017 at 14:17

BMW - Dodgy paint. - veloceman
Thank you Mr SLO.
They have made helpful noises regarding sorting the problem, but that was their customer service dept. I'm now waiting for the branch manager to phone me back.
I was wary from buying from a Supermarket. As I mentioned before they had a few in stock, all looking in top condition. It was only 10 miles from me so buying local was an advantage.
I knew they were ex Apex hire cars so I thought I'd looked over it properly.
Re mine; on a dull day you can bearly tell but in full sun it looks awful.
I'm not really sure which way to go, only way I'll be happy is if the send it to a BMW approved paint shop which will confirm the BMW paint warranty is still valid.
Had a lengthy discussion with them as they insisted on servicing the car before I took delivery. I said A) it didn't need one. And B) I didn't want them touching it, anything it needs I will get BMW to do it.
They were adamant their service would be recognised by BMW and preserve the warranty. I won and they knocked me a bit off as well.
Not sure they'll pay for dealer body shop but I'm sure they are as unlikely to give me a refund either.
I would prefer the refund as I'm not really that impressed with the car - BMW much over rated in my view, wish I'd kept my Leon FR.
Thanks again.
BMW - Dodgy paint. - RobJP

I'm not sure CRA applies in this case.

The paint repair is obviously visible, otherwise you'd not have noticed it now.

However, you might be able to undo the deal under the Consumer Protection from Unfair Trading Regulations 2008.

By these, the garage is required - by law - to draw to your attention any previously repaired damage.

BMW - Dodgy paint. - gordonbennet

A short anecdote about BMW body repairs.

One of the rental companies took on a smallish fleet of E36 BMW's when current, this renter had their own in house body shop, not a bodgit and scarper operation by any means the repairs were to a high standard, but they would get body panels from their usual supplier, i bet you know whats coming doncha.

Anyway, i took a load of these cars back to Thorne reception centre after defleet, and as i offloaded a veritable horde of chaps in smocks appeared armed with clipboards, as they went round the cars inspecting them lots of chalk was used to mark off non genuine panels (bonnets and bumpers mainly) or repairs not up to standard, there was quite a to do about it, never saw any more on the rental fleet, whatever one might say about BMW they take such things very seriously.

I wonder if any private buyers on PCP's have fallen foul on returning cars if they've had accidents during contract period, or do BMW stipulate approved bodyshops only as part of the deal?

BMW - Dodgy paint. - veloceman
Very good point Rob.
Issue I have is that when I viewed the car it was overcast.
The paint looked good to me. I should have contort my self all over the place to find problems.
Can I really be expected to view a car in all light conditions, distances and directions.
The car was sold to me 'as good as a BMW dealer but less price!
I'm not stupid, you don't get anything for nothing and a main dealer may have been safer.
BMW - Dodgy paint. - pd

I think you'll really struggle with rejecting under CRA if the seller is not willing to.

The car is not faulty and you had an adequate time to inspect it. If you were happy with the cosmetic condition when you inspected and handed over the money then you are deemed to have accepted it in the condition presented to you.

It is clearly "fit for purpose" and not faulty so unless the seller specifically told you something not true regarding any warranty I'm not sure on what basis you'd be rejecting it.

BMW - Dodgy paint. - veloceman
I've just had a call from the dealer.
They admit the paint job is pretty shoddy.
They are happy to exchange any with any car in stock.
A good result I feel.
They still have similar cars in stock, hopefully they will find me another Estoril blue one which I think looks ace.
Taken a lot of getting used to, first RWD car I had since my Dolomite Sprint in 1984, but the 1 series is really growing on me, not as much fun to drive as my Leon FR, but build and refinement better than that and than my previous Giulietta.
Thanks for all your time taken in replying to my post.
BMW - Dodgy paint. - veloceman
Just hoping frying pan and fires not involved!
BMW - Dodgy paint. - SLO76
"I've just had a call from the dealer.
They admit the paint job is pretty shoddy.
They are happy to exchange any with any car in stock."

Best result you'll get. I'm sure you'll spend a bit more time on inspecting the replacement. Well done.
BMW - Dodgy paint. - Simon
If the car is exactly what you want other than the dodgy paintwork on two doors, would it not be easier to see if they will have them repainted for you, up to the required standard?
BMW - Dodgy paint. - veloceman
That is exactly what I have done.

All they had were two similar models in silver and black, non of which floated my boat.
I was originally concerned at having a car that had been messed about with but on observation I am ssatisfied that only OSR door has been painted. All shut lines and profile of panel are good.

They wanted to paint the car at their own paint shop but I turned up at their offices with a quote from a BMW approved paint shop and they agreed to pay. (Much better than taking my car back I guess).

I have been totally impressed by their customer service, I expected a real battle, but they genuinely seamed to care I'm happy with my purchase.

To be honest, not sure how I missed it, was looking at little stuff I guess - dings, scuffs etc. I looked down the flanks and checked panel gaps - just needed to stand 10 feet back!

My dad was in the trade and I spent days at his dealership and auctions - Thought I knew what I was doing lol!

Thanks once again for your replies.

BMW - Dodgy paint. - SLO76
That's excellent news, good work and good on the firm for being so reasonable. The positive word of mouth reviews they'll get via yourself will no doubt sell a few cars for them and that's why I always believe it's worth the cost to keep punters happy. Enjoy your new car!

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