Compensation for wrong colour and wrong upholstery

My uncle ordered a BMW i7 with a specific colour all went fine and suddenly BMW dealer says they have the wrong car delivered -different paintwork and different upholstery. He is fuming and now there are no more slot for the pre-LCI i7

I'm sorry to hear this. Do you have paperwork showing you signed off on the build, or at least an email showing the exact build and their agreement?

This sounds like either they messed up or they didn't order you a car to begin with.

And if you want a pre-LCI, your option now is to search existing inventory.

Charles

CJ421 wrote

I'm sorry to hear this. Do you have paperwork showing you signed off on the build, or at least an email showing the exact build and their agreement?

This sounds like either they messed up or they didn't order you a car to begin with.

And if you want a pre-LCI, your option now is to search existing inventory.

Charles

Yes was all signed confirmed and when the car was going into build, they also confirmed that all is well and sent over the handover document with the ordered specification. This is on a 4 year contract at the time he signed in March there were very good deals and he had a particular colour in mind. Now there are no build slots and there are only 4-5 i7 in the country new all of which are not suited and different spec and none with the colour choice.

helpy wrote

Yes was all signed confirmed and when the car was going into build, they also confirmed that all is well and sent over the handover document with the ordered specification. This is on a 4 year contract at the time he signed in March there were very good deals and he had a particular colour in mind. Now there are no build slots and there are only 4-5 i7 in the country new all of which are not suited and different spec and none with the colour choice.

Walk away from the agreement due to breach of contract and go to a different Dealer.

DrFerry wrote

Walk away from the agreement due to breach of contract and go to a different Dealer.

They are happy for us to do that but that means that he has lost the opportunity of the pre lci monthly payments which will now be £300 dearer per month going elsewhere as the one available have lots of extras.

Has the dealer offered up any compensation to account for their error? That would be the starting point in figuring out what is "fair" to handle this situation if you wan to continue dealing with this dealer.

An alternative is to go straight to BMW and plead your case with BMW corporate.

zx10guy wrote

Has the dealer offered up any compensation to account for their error? That would be the starting point in figuring out what is "fair" to handle this situation if you wan to continue dealing with this dealer.

An alternative is to go straight to BMW and plead your case with BMW corporate.

Not offered anything yet basically take the alternative car or deposit back. Not sure if there are any cases like this and what BMW or the dealer will do in such cases. We asked them to clarify if this is the car that was allocated to us or a different car and if they can get something from BMW Germany to state what went wrong. They have not replied yet. The other issue is this car was to replace the one he is handing back on even dates. He can't change that date that will be in a months time

Did you come up with your number (discount you would accept) if you take this car? I would start with that. If the color is truly not what you want and no discount would make you happy, I think it's time to walk away.

Charles

helpy wrote

My uncle ordered a BMW i7 with a specific colour all went fine and suddenly BMW dealer says they have the wrong car delivered -different paintwork and different upholstery. He is fuming and now there are no more slot for the pre-LCI i7

Move on and find a different car. BMW doesn't owe your uncle anything other than returning a deposit.

helpy wrote

My uncle ordered a BMW i7 with a specific colour all went fine and suddenly BMW dealer says they have the wrong car delivered -different paintwork and different upholstery.

Sounds fishy.
When you order a custom car, you always get a 7-digit production number, then a VIN once it is built. All of that can be tracked in real time, and build configuration validated and confirmed.

Did you do any of that?
BMW plant does not make build mistakes.
Either wrong spec was ordered, or your order was never placed.

helpy wrote

Yes was all signed confirmed and when the car was going into build, they also confirmed that all is well and sent over the handover document with the ordered specification.

Have YOU actually seen it?
Or are you going by the word of whomever verbally told you whatever?

helpy wrote

This is on a 4 year contract at the time he signed in March there were very good deals and he had a particular colour in mind.

Sorry, this sounds more and more fishy.
No-one makes payment on a car they have not received!

helpy wrote

He is fuming and now there are no more slot for the pre-LCI i7

Tough luck, if that is the real story.
No compensation can be demanded or expected.

a

afadeev this is all made up and i have time to come on here to make up a story just for that heck of it. There are some people who think forums are to come and get your anger out on others just because you have had a bad day. Have you heard of an order being placed for a vehicle that is £125k without a deposit. You have to sign a contract to lease before the vehicle is delivered. F32Fleet Seems like you have had a bad day too. I didn't invite you for your negative comments. For some reason some people think that the more posts they have made makes them an authority on every subject

Of course they do owe the client according to the signed agreement, at least (read the obligations beyond the first page ). They might also care about their reputation . Consult BMW's customer care to find out (the dealer has requirements to comply and if it's a production mistake it's a direct BMW's responsibility then).

I do know a thing or 2 about the legals my reason of putting this here was to find out if anyone has experienced this before. My relative has been buying high value vehicles for over 40 years and not experienced anything like this before. They are obliged to either fulfil the contract or make some adjustment to the deal. Walking away for them is not an option. Just want too know how far you can push them. The dealer in question is probably the largest franchise in the UK for multiple brands.

I would say to have them either work out a monetary deal to take the car that's there if they can settle with that or figure out arrangements to deal with the lease turn in on their other vehicle. Because if they really want this car to be optioned exactly the way they want and BMW can figure out maybe getting an allocation from another dealer to build the car they wanted and then have the other dealer take possession of the car on the lot, you're still out some months before the rebuild car arrives.

zx10guy No more build slot for the pre LCI i7 and only 3-4 new i7 in the whole of UK

out of curiosity what color and interior did he ask for and what showed up?. and was this a lease or a finance?

Interesting, when I bought my 17 Mustang GT the car was delivered late and I was out of the country. By the time I got back they had "accidentally" sold my build, but they offered me anything on the lot at the same price. I got a 17 GT premium for a base GT price. And that was a crooked ass Ford dealer.

I always assumed they were playing games to clear 2017 inventory

helpy wrote

I do know a thing or 2 about the legals my reason of putting this here was to find out if anyone has experienced this before. My relative has been buying high value vehicles for over 40 years and not experienced anything like this before. They are obliged to either fulfil the contract or make some adjustment to the deal. Walking away for them is not an option. Just want too know how far you can push them. The dealer in question is probably the largest franchise in the UK for multiple brands.

The dealer is large and feels that they can outlast your uncle. They know he really wants the spec, and at most would throw him a few crumbs. Escalating this to Corporate and keeping your posts alive will demonstrate they must deal with this case seriously. You and your uncle might help future buyers by staying the course. The fact that he has been buying these things for 40 years means a lot. Best of Luck.

helpy wrote

afadeev this is all made up and i have time to come on here to make up a story just for that heck of it. There are some people who think forums are to come and get your anger out on others just because you have had a bad day. Have you heard of an order being placed for a vehicle that is £125k without a deposit. You have to sign a contract to lease before the vehicle is delivered. F32Fleet Seems like you have had a bad day too. I didn't invite you for your negative comments. For some reason some people think that the more posts they have made makes them an authority on every subject

I'm sorry if you took this the wrong way but you asked about compensation and outside the deposit I don't understand where this concept of compensation for property one doesn't own is coming from. I'm truly confused.

helpy wrote

afadeev this is all made up and i have time to come on here to make up a story just for that heck of it. [...]Have you heard of an order being placed for a vehicle that is £125k without a deposit. You have to sign a contract to lease before the vehicle is delivered.

Yes, I've placed orders on 6-figure cars without a deposit. It's not an issue if you have a relationship with a dealer and bought cars from them before.

I asked you if you had a build sheet with a 7-digit production number, or a VIN on. And it appears that whomever you are representing did not share that with you.

You can NOT get a loan or a lease without a VIN. So that document exists, and it lists the exact spec of the car that is paired to the VIN. Someone must have obtained it before applying for a loan, and either did not read it correctly, or agreed to that spec and later changed his/her mind.

Any other documents that do not have product # and/or VIN are meaningless, regardless of how many portions of it you black out. Those are just non-binding sales agreements that can be reneged on by either party at any time.

F32Fleet wrote

I'm sorry if you took this the wrong way but you asked about compensation and outside the deposit I don't understand where this concept of compensation for property one doesn't own is coming from. I'm truly confused.

"Compensation" seams to be a euphemism for "shakedown" here.
But not to worry, as OP had stated: "I do know a thing or 2 about the legals" ... so it's all good.



a

Whether this is real or not, I am not daring any judgment there but I think a good rule of thumb with these types of topics is to share the country or relevant legal jurisdiction. There are very different practices globally governing the relationship and responsibility between consumer, store/dealer, and bmw corp/manufacturing.

This is in the UK. This is how a vehicle is always ordered for a company. When you order factory build you have to pay a deposit £500/£1000 which is refunded by the dealer upon taking the delivery for the vehicle. Everything being equal the dealer is duty bound to supply the specified car if they don't then unless it a regular deal the customer will have the option of ordering another vehicle or the dealer will place another order or a compromise will be reached. Dependant on the customer he is in the driving seat if he has the legal know how if not he can be fobbed off. Like i mentioned I do have some legal knowledge of how to deal with this. The only reason of posting here is to find out if anyone has been in a similar situation and what transpired. I am not here to battle with other members but I will share the outcome so it helps others in the future.