Public Mediation

DEFECTIVE PRODUCT BMW 745LI

M. H. vs. Aca Cars Of Dublin
Dublin, United States
Amount Involved: Other terms
Complaint(s): Product Defect
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Aca Cars Of Dublin
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 4032769
    • Amount Involved: N/A
    • Filed On: Oct 29, 2011
    • Posted On: Nov 27, 2011
    • Complaint(s):
      • Product Defect
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"WE PURCHASED A 2002 BMW 745LI FROM ACA CARS OF DUBLIN.ONE WEEK AFTER HAVING THE CAR WE NOTICED THAT THE CAR FELT LIKE WE WERE BUMPED FROM BEHIND WHEN WE STOPPED.WE TOOK IT TO BMW AND WERE TOLD THAT THE TRANSMISSION NEEDED TO BE REPLACED.ACA WAS CONTACTED AND TOLD US TO TAKE IT TO THEIR TECH WHO HAD THE CAR 1 WEEK IN FREMONT,CA.THE TECH CHANGED 2 SEALS AND ADDED OIL AND QUOTES US PRICES ON TRANSMISSIONS.HE SAYS THERE MAY BE DAMAGE INSIDE BUT THERE IS NO WAY TO TELL W/O OPENING THE TRANSMISSION UP.WE PAY A $700 REPAIR BILL AND THE CAR IS STILL DOING THE SAME THING.WE CONTACT ACA AND WANT THE CAR FIXED OR REPLACED OR REFUND OUR MONEY.AFTER 3 WEEKS OF CALL BACKS THE SALES MGR FINALLY CALLS THE OWNER WHO SAID"ITS AS-IS". WE PUT OVER $11,000 INTO THIS COMPANY WITH $16,000 YET TO PAY.THIS IS OUR THIRD VEHICLE PURCHASED THROUGH ACA CARS AND THIS IS HOW THEY TREAT US.THEY JUST WANT YOUR MONEY AND ANY PROBLEM IS YOUR PROBLEM."
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What Claimant Wants Hide
What By When How Much
1. Repair: FIX TRANSMISSION Nov 18, 2011 N/A
Non-cash: 1 items
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Mr. Hart purchaed the vehicle in question from ACA Cars "AS-IS" He signed numerous documents to this effect. One reads in bold capital letters "VEHICLE SOLD AS-IS. NOTHING ELSE IS PROMISED OR IMPLIED". When Mr. Hart contacted ACA Cars some time after his purchase, ACA Cars offered to have the BMW inspected by an independent licensed mechanic its sometimes uses. The mechanic inspected the BMW and made some repairs with the authorization and agreement by Mr. Hart to pay for. Mr. Hart paid $700 and ACA Cars contributed $200 towards the repairs although it had no obligation to do so. The mechanic reports that the BMW is operational but the the transmission sometimes shifts hard. He states this is a common problem with 2001 and 2002 BMWs over 100,000 miles, which Mr. Hart's BMW is. Mr. Hart was offered both a contract cancellation option agreement and an extended warranty. He declined both. ACA fulfilled all of its obligations to Mr. Hart, both legal and ethical, and tried to reasonably help Mr. Hart. "

This claim will remain posted until resolved.

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