Hello everyone.

I'm new to this forum all together, but I've seen great replies to the questions being asked. I was wondering if anyone knew anything about my situation.

So I recently traded in my mini $44k and only 3 years old. I purchased the extended maintenance package when I initially bought the car (what a rip!). I sold the car to a dealer because my mini was having many electrical issues that couldn't be fixed. The dealer advised me that I could get a refund for the extended maintenance, but after reading the agreement for the service contract, the extended maintenance can only be transferable to another owner, not refunded. The dealership that bought my car doesn't want to pay me because they are telling me to get a refund. Mini is telling me that the dealership should pay.

Any advice on how this could be handled?

Thanks.

Dream

 

I'm a little unclear here.

If the car was under warranty, why weren't the electrical problems fixed? The dealer should keep the car until it's fixed and give you a loaner at their expense the entire time.

Second, is your problem that the dealer told you that you would have a refund but then it was denied by MINI? If so, tell the dealer he's on the hook for that amount of money, since he told you and was wrong, and that he has to take it out of the cost of the car you're purchasing or there's no deal.

Or is the deal already done? If so, the dealer needs to know that he has to live up to what he said or you'll be pursuing the issue online, with MINI, and with anybody who will listen.

Do I have the situation accurately or am I misunderstanding something?

 

Hi TippyKayak.

Mini couldn't fix the problem. I took it back three times already. They replaced the sunroof, windows. Basically my windows while rolling up would roll down automatically and at random times. The sun roof didn't open all the time. So I had enough and just wanted a new car. The deal is already done. I traded in my car two weeks ago and the dealer I sold my car to doesn't think that they will benefit from the extended maintenance and said that mini is responsible. So yes, you got the situation straight.

 

Ask the MINI dealer who told you that there was a refund due from MINI USA if they would be so kind as to call on your behalf and explain their reasoning why you are due a refund. Often if the person on the other end of the phone is dealing with another "professional" from within the industry they give much less hassle. I once was hit in the side of my car by another vehicle while driving. Clearly the other drivers fault and since I had comprehensive insurance only my insurance company was not in the discussion. I fought for weeks to get a check from the other driver's insurance company and they were just giving me the run around. I called my insurance company and asked if they would be so kind as to call on my behalf. They did and three days later I had the check in hand.

 

Hate to be Mr. Negative here, but if you signed a contract to purchase the extended maintenance package and it said that it wasn't refundable, you're probably screwed. Whoever sold you the maintenance package probably works on commission and was willing to tell you almost anything to get a sale. I disagree with the dealer that's telling you it's not worth anything when they sell the car. Of course it has value to the next owner, the dealer just doesn't want to pay you for that value. Is it the same dealer you bought the car from?

 

Yes same dealer I bought the car from, traded my mini into. Ya I thought I might be screwed, but wanted to see if anyone had any good ideas.

 

You probably were screwed, legally. Contractually. Which is exactly why you shouldn't give up. Mini isn't in the business of screwing people, even when they can, technically, screw them. Keep nagging Mini USA and the dealer to give you satisfaction. Generally in these cases everyone is hoping they can get you to go away without costing them money, so it's your job to not go away and not stop complaining until they give you a fair and square deal -- regardless of what the fine print says.

 

Thank you Dennis for the words of encouragement. The biggest question is who should be the one paying me back?

 

There are no "good ideas". MINI has no obligation as they disclosed there would not be a refund when you made the purchase. The dealer who you traded the car to evidently has a "done deal" and is unlikely to pay you more money after the fact.

Thousands of people trade or sell cars with extended service plans on a monthly basis. To the dealer, these are generally worthless from a value position. The subsequent buyer most often will not pay extra for a product they do not understand and generally unless the dealer sold the product originally, they don't understand it either. It is very standard to tell the consumer to file for a cancellation for a refund. They are making a suggestion, not a promise. Unfortunately you acted without doing your homework and will now pay the penalty.

 

The person who was incorrect and/or lied is the person you should go to for the money. You said the dealer told you you'd be refunded. Subsequently, you weren't. Go to the dealer and tell him that you're surprised that he gave you misleading information. Give him the opportunity to make it right. Perhaps they can comp you something that you want.

Since you don't have it in writing, you don't have much legal clout. But it sounds like you were misled, and you should definitely speak to the person who misled you.

 

Really!!! Do you see the humor in this? The biggest stereotype in the world is to never believe a salesman. Yet, when it would be advantageous to do so in hindsight, his word is Gospel.

Unless the salesman was a MINI salesman, what would make him the expert on a product the OP himself purchased? If you are simply looking for someone to blame for a too quick an action, I guess the salesman is as good as any. I don't think it will get much traction. And who pays for the "comp"? You might as well ask for cash and save all the middle work.

 

...Except that this problem wasn't soley created by one salesman. The problem started in a BMW factory and was passed on to a dealer by Mini USA and then to the customer by a dealership. If you ask me, BMW, Mini USA, and the dealership all have an interest in having a satisfied customer, and it's important for all three to be made aware, and reminded repeatedly, that this car had problems which were not resolved, and a customer who took a financial loss because of it.

Was it BMW's fault for building a car that the dealership couldn't possibly fix? The dealership's fault for not figuring out how to fix the car? Or for giving up too easily? Or what? The answers will only be known if the customer sticks to his guns and nags and nags and nags up and down the chain of command.

You have to be kind of a **** to win in matters like this. Not a total ****, but kind of a ****.

 

Isn't the salesman not a MINI salesman? I was running under the assumption that the new dealer was a MINI dealer. Even if it isn't, if the salesman is saying things that are false, the salesman should be held accountable. He should not be styling himself an expert in MINI warranty refunds and misleading his customer. The OP is asking for advice on what to do now, not advice on what he should have done before, so telling him not to trust the salesman is a little late.

If he doesn't get any "traction," he has lost nothing. If he does as you suggest, which is nothing, he still gets nothing. At least my way there's a chance he gets compensated.

If the salesman ends up in trouble, perhaps he will be more wary in the future about saying things that are unverified or untrue to his clients.

And no, I don't see the humor in what I wrote, or I wouldn't have written it.

 

I agree with what you are saying and it is good advice. BMW, MINI, and the MINI dealership all played a part in what was not a good experience. It is though my understanding he traded the MINI to a non-MINI dealer and that salesman advised him to ask for a cancellation of the Service Policy. The non-MINI salesman had no good reason to fully understand a MINI policy and is the innocent party here.

 

I don't see it as innocent to tell the OP that he could get a warranty refund. Either he was insufficiently informed and acted like he knew what he was talking about or, worse, he said whatever he thought he needed to say in order to sell the car, with no regard for the truth. Either way, he screwed up and screwed the OP in the process.

Sure, the OP should have double-checked the info before the transaction. That doesn't make the salesman blameless.

 

OK, I spent 40+ years managing and owning new car dealerships of several different brands including at one time BMW. If my Brother asked me the same question, I would have offered the same advice. Until I started reading this thread, I did not know there was an aftermarket plan that could not be canceled. Of course, during my career, after market service plans were not common and the plans we sold were service policies to extend warranty terms.

Either the OP knew or should have known the plan that he purchased could or could not be canceled with a refund. He bought it and paid for it. My only point is that trying to blame a salesman of another brand for not being even more familiar with a plan sold by another company than the owner of such a plan, would be ridiculous and unrealistic. Unless the salesman who told him to get a refund also was a MINI salesman or the salesman who sold the OP the policy to begin with, he could not lie about something he knew nothing about.

The OP has no reason to attempt to shift the blame to someone else. He bought the policy and he stated the policy clearly said it would not be refundable. If he did not read it before purchase, shame on him. If he previously had knowledge before trading the vehicle, once again shame on him for shifting the blame to someone else.

 

I don't know why you're giving a total bye to a salesman who said something to get a sale and ended up being wrong.

Of course the final responsibility ends up with the OP. That's why he's here. If the salesman said "most contracts can be canceled for a refund, but you'll have to read the fine print on yours," then the salesman did nothing wrong.

But if he said, "yeah, you can definitely get refunded for that," then he was wrong, so why not ask him to be accountable for that? If the salesman has the right to be misleading to make a profit (either out of incompetence or guile), why doesn't the OP have the right to try to get some of that back?

I can see that, as a long time new car dealer, you'd be sympathetic to the salesman. But most of the time, it's the buyer who gets screwed, not the dealer, so you'll have to pardon me for the urge to side with the little guy who lost money because he didn't read the fine print first.

 

I am giving the salesman a bye here because I spent a lifetime watching bar stool lawyers try to twist some offhand comment made during a sale to their advantage at a later date.

The salesman was asked if he would give credit for the policy on the trade. He said no. He offered advice, based on conventional industry knowledge, to apply for a refund by canceling the policy. To assume this was a lie to make the sale is a giant leap. Logically, the sale was not based on this advice. The OP consummated the sale without verification of availability of a refund or the amount involved.

At a later date, the OP found he could not obtain a refund. A fact that he had every reason to know as it was clearly disclosed to him when he bought the policy originally. Rather than accepting the blame for his lack of due diligence, he is now shopping for someone else to offset his financial loss.

The true culprit here is MINI. Why are they selling packaged future services with no provision for cancellation? There are a number of reasons these services may not be used. If the vehicle is destroyed in an accident, do they simply have a windfall gain? A reasonable cancellation policy could be easily established based on usage. This is consistent on their part with several other policies established seemingly based on simple greed.