1998 BMW Z3, purchased in Arizona

[phinbob@comcast]

This vehicle was purchased in Arizona 1 week ago. I have driven less than 500 miles

Last Saturday I purchased a 1998 Z3 wth 2.8 engine. This was an Ebay car listed as mint condition. The car was being sold in Phoenix by a licensed used car dealer. I live in Tucson so drove the 120 miles and really liked the car. On start up, there was terrible squeak in the belt system under the hood. The dealer sprayed a little WD 40 on it and when the squeak stopped he said "there, thats all it needed". I inquired about emmisions and he tolds me it would pass, no problem.
I purchased the car and drove it back to Tucson. Monday morning, DMV failed it on emmisions for the second time. It had already failed once. It was the code for Cam Position Sensor as well as a failed engine light. The dealer suggested I drive it back to Phoenix and leave it with him for a few days and he would ensure that it passed emmisions. Not feeling comfortable with that I offered to pay for half the repair and have it fixed in Tucson. By this time I had also figured out that the ASC was not working.
The local repair shop verified the cam sensor was defective and they also determined that someone had pulled the fuse for most of the dash alert lights. This was why the check engine light was not working. he also determined that the airbag / seatbelt trigger was defective. I asked him to check the squeak under the hood and it was a tetioner pulley that failed. As for the ASC, we have a wheel speed sensor that is defective as well as the ASC switch.

Repairs are now at $750. The Z3 rides great and looks great and will go next week for another emmsions test. Now here's the real question that I'm looking for some input on. Although the dealer suggested that I take the car back to Phoenix where he would send it out to be fixed, I opted to have it fixed locally. Taking it to Phoenix would have meant driving 2 vehicles, taking time off work and leaving the car only to have a return trip for pick up. In Tucson, I had a totally independant repair shop look at the car. Now, is it reasonable to expect the dealer to cover all or part of these costs? Remember, the car was advertised as "mint".

Today the service engine light came on in my 1998 Z3 2.8. I had it checked at AutoZone and we got a P0500, Vehicle Speed Sensor error.

I've also discovered that the engine will not go above 5500 RPMs in any gear. It just cuts out when RPMs get up that high.

As I read the Arizona Lemon Law for used cars, I'm beginning to think that I may have a case for return of the vehicle.

BTW, the independant repair shop gave the opinion that this is a clean and solid Z3. Comments, please?

 

[djohnson]

Did this independant mechanic check the car out prior to you purchasing it? Did if come with any kind of warranty?


The fact you took it somewhere else was your choice. No matter what inconvenience it would have been to you, you pay for that choice. Chances are you will not get anything back. They may be nice though, who knows

 

[phinbob@comcast]

The Arizona Lemon Law for used cars says:

The seller hereby warrants that this vehicle will be fit for the ordinary purposes for which the vehicle is used for 15 days or 500 miles after delivery, whichever is earlier, except with regard to particular defects disclosed on the first page of this agreement. You (the purchaser) will have to pay up to $25.00 for each of the first two repairs if the warranty is violated.

Most of the problems are emission issues and the car will not pass the emssions test. Also I had an air bag defect. Wouldn't both of these things violate the 15 day warranty?

 

[You Are Guilty]

As I see it, you have two relatively substantial legal hurdles to clear before you'd be able to void the contract (your only remedy under the AZ used car lemon law).

First, did the sales contract have this language in it?

The seller hereby warrants that this vehicle will be fit for the ordinary purposes for which the vehicle is used for 15 days or 500 miles after delivery, whichever is earlier, except with regard to particular defects disclosed on the first page of this agreement. You (the purchaser) will have to pay up to $25.00 for each of the first two repairs if the warranty is violated.

If so, then you'd need to prove, in court, that failing emissions and the other problems you mentioned were "substantial defects" that "significantly limited the use of the car for the ordinary purpose of transportation on any public highway."

I'm guessing you were able to drive it even with the lack of idiot lights and bad CPS. (Obviously, failing emissions isn't a safety issue.) While my personal opinion is that your problems wouldn't meet this criteria, it's a close call and a judge could certainly disagree.

Why not cite the law to the dealer (s. 44-1267) and make it clear that you were entitled to a substantially working car when you bought it and as a measure of good faith, are going to give him one last opportunity to pay for 50% of the repair before you put it into suit, within XX days.

Then, when they don't pay, it'll be up to you whether it's worth your timeand effort to pursue it in small claims.

As a side note, if you paid the $750 to have the CPS changed, you need to find yourself a new mechanic or pick up a Bentley and learn how to do it yourself -- it's quite simple.

Good luck.

 

[phinbob@comcast]

All of the defects that I mentioned in my first message were fixed in that bill for $750.

This car was advertised to the world as "mint" condition. Obviously, it is not. I have been communicating with the dealer and I believe he's leaning towards agreeing to pay 50% of the repair.

 

[phinbob@comcast]

I should also mention that in Arizona, by law, the dealer cannot sell a vehicle that does not pass emissions unless it is purchased as a "tow away", which mine was not.