Hey everyone. So after months of patiently waiting for my 2012 Mini Cooper S, it arrived yesterday. I excitedly drove it around town last night and had no problems quickly racking up 90 miles on it.

This morning, it died a violent death on the highway during my commute. It made a loud banging noise and then immediately stalled, unable to start again. When I tried to start it, it was obvious by the loud rattling sounds that the engine was in terrible shape. After finally getting it towed to the dealership, I was informed that a faulty spring had completely destroyed the engine and that the engine itself would need to be replaced in its entirety.

I asked for the dealership's general manager as soon as I got to the dealership and told him I didn't want the car. They haven't even cashed my check yet, and the financing hasn't gone through (though that technically means little, since I've signed all the papers). He told me that since it's been sold, that's no longer an option and it has to be repaired. I'm not entirely satisfied with that answer, but I'm willing to see how the first repair goes.

What would you guys do in this situation? Do you think there's anything I can work out with the dealer, even if it's short of ordering a new one?

 

Get your attorney involved, but first ask the dealer to get MINI corporate involved before you get to far down the road.

Ask about the depreciated value of the MINI with a new motor, infact ask the MINI dealer what they would buy the 'NEW' MINI for since you do not want your car.

That will tell you how much you might want to pay your attorney.

Good luck, dealers can be funky, MINI Corp. might or might not have a different view of the situation.

Sorry your experience is less than perfect. :(

 

You need to know what the lemon laws in your state say. Generally they have the right to try and repair the car before you can reject it. If it went bang, you will likely be getting a new engine.

 

Isn't there a "cooling off" period on car sales in the US? In the UK we have one where if you're not totally happy within x days you can cancel?

 

Not that I am aware of. Once you sign the paper you own it.

 

In most states, no.

 

As far as laws go, the lemon law doesn't apply because it takes at least three major repairs to qualify. The cooling-off period varies from state to state, but where I live (CA), there is none.

My biggest concern is resale value. This will go on the CarFax report, and I'd have to imagine that it's going to hurt the value of the car.

I'm thinking I might talk to the general manager again and ask them to give me the extended warranty. Given their huge margins it has little cost to them, and I think it's fair to ask them to stand behind a car they're asking me to keep despite a catastrophic failure on day one.

 

May I suggest, before you do anything else, contact a lawyer. Catastrophic failure is not mentioned in the "Lemon Law", nor is it accounted for in the "No cooling off" provisions of California law. Believe me, you are not the first person to have such a failure with an automobile. I would bet dollars to donuts that the proper words from the proper lawyer will prove satisfactory. By the way, BMW / MINI Customer Assistance would be far more amendable than a dealership. Give them a call, too. Their number is in your Owners Manual and/or online. Good luck.

 

I can't imagine it hurting the value of the car. You will simply get a new engine. If you had an accident in the vehicle then it would hurt the value. This is just a warranty issue.

 

I agree I doubt that it will hurt the value of the car. But the engine replacement will show up on the CarFax report. But since it will be a new engine in reality I doubt the knock will be much if anything.

Get it repaired and get your Motor On.

 

These things happen, let the dealer make the warranty repairs. Putting in a new engine isn't a big deal. I've had two huge problems with new vehicles that were resolved under warranty. Years ago I bought a new '83 Chevette that like you had a spring keeper let go on an intake valve when the car had under 400 miles on it. The dealership made the warranty repairs and I never had another issue with the car for the next 5 years I owned it. The other was a new boat that the hull blistered the first week it was in the water. They said to enjoy the boat the rest of the summer and they would repair it over the winter. The dealer ended up sending the boat back to the manufacturer where they took the boat apart and re-hulled it, everything below the belt line was replaced. That was 9 years ago, I still own the boat and I have had no further issues.

 

Keep in mind that this is not the fault of the dealer, so at this point they are your friend. Their mandate under contract with MINI is to repair the car - this is exactly what warranties are for.
That being said, encourage them to call MINI for suggestions, tell them that you will also be calling MINI to ask if there is anything they can do for you. Feel free to consult a lawyer - at least so there is a legal record of the situation should the "why has the engine been replaced?" question ever be asked.
I come from the computer industry, and see similar issues from time to time. The manufacturer carries the prime responsibility in these cases, so use the dealer's and your own leverage. Working with the dealer (instead of against them) is your best bet.

 

Stuff happens! You're getting a new engine, that is exactly what warranties are for!

Don't worry and motor on!

Dave

 

Update, if anyone is interested.

I spoke with the dealer and a MINIUSA Customer Relations manager today. They're going to discuss getting me in a new car, since the failure happened within hours of taking delivery. They said if that doesn't end up being possible that we can work out another way for them to stand behind it, though the exact means wasn't specified.

I guess we'll find out soon enough. Thanks for all the suggestions, everyone.

 

The "cooling off period" does not vary from state to state. There is no mandated "cooling off period" in any of the 50 states unless fraud is proven.

As someone said, don't blame the dealer, it is MINI's problem. If the dealer took the car back, he would have to sell it as a used vehicle and disclose the repair. You can imagine what that would cost.

 

It sounds like they are wanting to work with you and that is good.

 

I can't believe that you are making such a big deal about this. Lawyers? Another car? Buy it back? The engine letting go is a freak incident. It's not like it's a common failure known to the manufacturer but hidden from the car buying public. Get the engine replace, under warranty, & enjoy your Mini.

 

Most states have a 48-72hr "cool down" period on sales contracts. This provides some protection from hi-pressure sales techinques. I use this law once on a time share contract I signed. All you have to do is send a certified letter to the company canceling the contract. I'm not sure about a car sale since you took delivery. You can send the letter and see what happens. It may provide some leverage to get a new car instead of getting it repaired.

 

I did more research on this. The FTC ,Federal Trade Commision, "cool-off" period does not apply to automobile sales. It may still be a good idea to send the letter if you are trying to negotiate a new car.... Good Luck...

 

Never a big deal until it happens to you...

To the OP-Let them try to make it right and if you don't like the deal, get an attorney involved. Good Luck!

 

Your car will basically be a new car if the engine is being replaced with a brand new one, so if you like the options, color, etc then you might as well just take back your car with the new engine. If you can get some kind of free upgrade as a gesture from the dealership for your trouble, that would be another story.

Sorry to hear about your bad experience, that is definitely the earliest engine failure I've heard of. There are a few threads about R56 engines going out early, but it seems that MOST of them are modded. I agree with the rest of the posters saying give them a chance to make it right. Your replacement will be covered under warranty and will likely not suffer the same fate, so try to not let this leave a sour taste in your mouth over the brand. Good luck, keep us updated!

 

You should see if there are any dealer options that they may be willing to give you for your troubles. Never hurts to ask.

 

^ but his car is DAY 2 new! i would want a new car replacement but that's just me. had it happened a year or two later, i call it a blessing and would welcome the new engine under warranty. i agree it probably won't affect resale but there are buyers out there that steer clear from cars with blown engine history. i also agree that it's never a big deal until it happens to you!

 

If it happened to me, I'd get the engine replaced, enjoy driving my Mini loaner, & get on with my life. Just because the engine blew does not mean the car is cursed. No need for lawyers, no need for replacement, & no need for all the drama.

 

i would have to agree with you on that one. loaners arent that bad and drama sucks.