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Private Party Car Sale

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bens993

Junior Member
California

We sold a 2003 BMW still under the factory extended warranty to another private party. We advertised and sold the car stating that the warranty expired at 137100 miles or in 2011. The expiration date is specified on every work order we have from BMW service. The new owner transfered the warranty to their name, BMW is now claiming that the 100K extended warranty expires at 100K and the info on the service records was entered erroneously. I called the BMW manager and they told me a mistake was made but it doesn't matter the warranty is what it is. The BMW dealer said the issue should be taken up with BMW of North America. The private party that purchased the car wants to take me to court. Does he have a case in small claims ? Should I worry? I have since purchased another vehicle and we dont have the money from the sale of the car anymore
 


JETX

Senior Member
Does he have a case in small claims ?
In my opinion, yes. How much of a case?? Depends on the full facts and what the court might determine to be the value of the warranty difference.

Should I worry?
Absolutely!! The 'big one' (earthquake) will hit California at some point.... just a matter of time.

I have since purchased another vehicle and we dont have the money from the sale of the car anymore
Not the buyers problem.
 

justalayman

Senior Member
BMW is now claiming that the 100K extended warranty expires at 100K
Wow, what a novel idea.

this may be a dumb question but why would you think a 100k mile warranty would be in effect anything past 100k miles? Don't give us the it said 137k thing. Think about it. Why would you really believe that?
 

bens993

Junior Member
BMW Warranty

Wow, what a novel idea.

this may be a dumb question but why would you think a 100k mile warranty would be in effect anything past 100k miles? Don't give us the it said 137k thing. Think about it. Why would you really believe that?
Because I just purchased another used car and purchased a 90,000 K extended warranty which specifically states that it adds 90k to the mileage on the car. Every third party extended warranty I have purchased adds the warranty term to the current mileage. The don't give us the 137100 thing is in black and white on every service order. Why isn't every work order from BMW having this line item Extended Warranty 72 month Mileage 137100 Expires 08-31-2011 valid enough?
 
OP,

Your problem is that you made a representation to the buyer of what the warranty covered. The fact that you made it unintentionally isn't really going to help. Your buyer does have a valid claim against you.

The question is going to be damages. Have you investigated what it would cost to buy a warranty that would provide the coverage through 137k miles/2011?

If you get sued, you'll have to sue the dealer/BMW service and claim that they mislead you, and that their misleading statements caused your damages (your damages being whatever the new buyer is awarded as a judgment against you).

The costs of both litigation in time, energy and $ may be more than you can solve the problem for, if you can buy the correct warranty.
 

justalayman

Senior Member
I do not believe the info on the work order is a binding contract in any way, regarding the warranty expireation date. OP should have the contract itself somewhere and refer to that for answers. That is the only thing he can use as support for his position.

If the warranty was an add on for 100k and it was purchased at 37k miles and it is transferrable, then OP has a case BUT unless each of those items are there, they simply misunderstood the situation and based upon a mistake on the WO, he misrepresented the vehicle. Not the dealers fault if that is the case.

Why isn't every work order from BMW having this line item Extended Warranty 72 month Mileage 137100 Expires 08-31-2011 valid enough?
because it is not the contract for the extended warranty. So, what does the contract for the extended warranty say to this????

So, if they mistakenly put 2004 for the year on every work order, do you believe they are responsible if you sold the car as a 2004? Hell no they aren't. It is your responsibility to advertise the correct info based upon whatever contract you have.
 
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