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Do I have a valid argument with the dealership?

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Old Aug 20, 2012 | 08:23 AM
  #1  
PapaVolume's Avatar
PapaVolume
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From: Phoenix, AZ
Do I have a valid argument with the dealership?

We purchased our 2008 MCS used from a very large dealership(not Mini) in late June and it took them a month and a half to provide me with Navigation DVDs, which they purchased new since they couldnt find the original ones. Once I finally got the DVDs the navigation drive wont read the DVDs, I called the Mini dealer in Scottsdale, AZ and they confirmed the DVD drive most likely needs replacement at the cost of around $1100 plus taxes.

Should the dealership who sold the car to me be responsible for repairing the car? They have been beating around the bush since day 1 about the navigation working. The car was advertised with working navigation, which is does not have. Who do you think should be responsible?
 
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Old Aug 20, 2012 | 08:45 AM
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Whoever sold you the car,follow up and be persistent. Q
 
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Old Aug 20, 2012 | 08:57 AM
  #3  
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ACEkraut11
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From: Durham, Maine
Definitely the selling dealer. If you did not get it, you should have gotten a written IOU before you drove the car off the lot. Hopefully they will bite the bullet and do what is right. If not I would certainly at least talk to them about involving a lawyer or small claims court. It is clearly their fault that they did not check over the vehicle well enough to verify that the navigation worked. That should have been something the used car buyer did when the car was either traded in or purchased by the dealer. Besides, if they are a LARGE dealer, they can afford to eat the cost. Part of doing business. Escalate the conversation upwards if you are not getting a prompt yes from the people you are talking to now.

My two cents.
 
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Old Aug 20, 2012 | 08:58 AM
  #4  
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PapaVolume
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From: Phoenix, AZ
Thats my game plan. I have already emailed the top 3 managers at the dealership about my predicament. Which is how I finally got them to get me the navigation dvds next day. Arguing with the sales manager got me no where for over a month. I can be a real ******* and very persistent and wont take no for an answer if I know I'm right. I just want to make sure before I go out and do so that I have a foot to stand on.

The car was sold with no warranty but IMO this is a pre-existing condition that was overlooked at the dealership during the pre-sale inspection and its not my fault they did not properly look over the car when it was sold. At that time they could have spotted the issue, had it repaired at dealership cost and then priced the vehicle accordingly to make money off it. The fact they didn't do that is not my problem if it costs them money now.
 
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Old Aug 20, 2012 | 09:43 AM
  #5  
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From: Over at the other site
If you accepted delivery with no warranty, (as is, where is) unless you can convince them nicely to replace the Nav at no cost I think your legal grounds for reimbursement will fall on deaf ears.
 
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Old Aug 20, 2012 | 09:51 AM
  #6  
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It is not as simple as some would like to make it. You bought the car used. Used cars have issues and all the inspections in the world do not make them new nor perfect. Anything that would go wrong with a used car would open up the argument that it was a pre-existing condition.

Unless you live in a state with specific laws governing the responsibilities of the selling dealer, they have no responsibility to inspect the vehicle. They can sell the vehicle without any inspection. In this case, obviously it would be rather difficult to affirm the navigation worked if they had no disc's to use for testing.

They sold the vehicle to you "AS-IS". In all fifty states, this means exactly what it states. You buy it, you own it, and they do not guarantee anything. Normally, the only exception in court would be safety items undisclosed or items mis-represented in writing.

You state they advertised the vehicle had a working navigation system. Do you have a copy of that advertisement and does it say working or simply says it has a navigation system? Unless you can prove they represented the system to work, in all reality they owe you nothing. Any "fix" they would make would be strictly good-will.
 
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Old Aug 20, 2012 | 11:30 AM
  #7  
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daflake
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From: Laurel MD
Just a guess, but are you putting the DVD in the right slot? I know some folks that put it in the CD player (no lie).

Also, what DVD's do you have (full name please), it is possible that you have the wrong DVD for the car.
 
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