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Would it be considered a lemon or DTPA? What can I do about this issue ?

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Optimistic90

Junior Member
I purchased the car 12/21/15.
First off I let the the sales guy, Jody know that my contact has 67000 as the current odometer,when in reality it had 70740. He said he would put that on the Due bill. Also, I was unable to take the car off the lot because the locks didn't work. (The claim they fixed the locks but they never did, I had to purchase the lock switch and install it myself. ) I informed Jody, he said it would getting taken care of. I wasn't able to take the car off the lot until 12/22/15 . On that following day I asked him were they going to type me up a new contract because the one I had the incorrect information, he told me they would take care of it.
12/28/15, Within the first week the oil light came on. The car started shaking and white smoke was coming out the exhaust pipe. I called Jody and informed he what was the issue. He told me to put some oil in it for now. I took it to AutoZone to put oil in it. He also told me to bring the car back so they could do a tune up, the following day because they were about to close.
12/29/15 I dropped the car off. Jody informed me to pick it up the following day because they didn't have a mechanic on sitr and it would be a lengthy process because there are people in front me getting their car serviced.
12/30/15 I picked the car up. Within the next few days the service engine soon light came on. The car was shaking really bad at stops and low-speeds and the CEL was on. In additon to white smoke coming out the exhaust pipe. I took it to AutoZone to see the code. It gave off bad ignition coil on cylinder 6. I called Jody. He told me to bring it back.
I tried to take the car back on 1/2/6, It was on a Saturday and the mechanic told me I could leave it until Monday because it was a lengthy process and he would have to get order the cylinder at BMW.
1/4/16 I called to make sure the mechanic was there on Monday, because I stay far from the dealership ; and I was getting tired of traveling back and forward. Jody informed me , he wasn't there he would call when he get in. He called back and said the mechanic wanted me at the dealership at 9.30 ( but the mechanic wasn't there, idk how that works). He informed me that he had scheduled me in at 9.30, and I needed to be there if he said be there. I informed him that I didn't get the memo. He then proceeded to tell me that the mechanic doesn't work there, and that the mechanic is a contractor for the dealership. I asked if i could bring the car the following day.
1/5/16 I brung the car up to the dealership, they told me they would call when it was finished. I never got the call,so I called them. They informed me that the car been finished for 5 hours and I could pick it up.
1/8/16, A few days later the car started doing the same. I called Jody and he wouldn't answer my phone. So I contacted the dealership and they tole me to drop the car back off. I informed them that I would do it on my next off day.
1/12/16 I dropped the car off. The mechaic informed he wouldnt be working on my car anymore. I told them they could keep the car because it is ridiculous. By that time i had the car for only 3 weeks and been have problem after problem. I was just fed up with it.
The dealership manager told me to contact the loan company (that I took out for the car ). Since he couldn't do anything about it because it's the people I got the loan from owned it. I also informed the dealership manager that my contract says that my car has 67000 miles on it , and in reality it has 70740 miles on it. He informed me that I put all those miles on it. I pulled up the Carfax and I should him the information. The information stated the dealer performed an emission test on 12/08/15 70106 miles. How is that possible when I purchase the car on 12/21/15.?. He didn't want to hear anything else that I had to say. So I left the car there. I called the loan company, I couldn't get a hold of Customer service. So I left the car there.
1/13/16 I called the loan company and told them what i was going to be doing. The loan manager told me i could surrender the car or trade it in at the dealership. I told them i was done and I would like to just have my money back or get a replacement. The loan manager told me to call the dealership and see if they could at least get me a replacement.
I called the dealership and they said I couldn't get a replacement but they could fix it AGAIN. I called they loan company and informed them what the dealership told me.
1/15/6 I picked the car up and they insured me that my car was fixed , when till this day I have the same problem and they still have not fixed my contract. I can not keep oil in my car and white smoke keep coming out the exhaust pipe.
 


FlyingRon

Senior Member
You're going to have to explain what state this all took place in. I'm going to guess Texas since you mention DTPA.

The next question was the car sold with a warrant or "as is."

Your abandoning the vehicle at the dealership doesn't get you out of paying for the loan.
 

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