Oh Crap! BMW dealer sold me a used Genesis and I feel like a sucker!

[Bigstupidjerk]

Two weeks ago. Found "her" online. A 2012 5.0, not RSpec. Had the Lexicon 17 speaker Stereo with black on tan. I fell hard after the test drive. Dealer was quick and price was good, was driving her home within 2 hours.

14 days later, the dash lights all powered on and whole car died while idling. Hyundai roadside took 9 hours to pick it up (yes, nine). Went less than 5 miles away to a sister Hyundai dealership to the BMW dealer I bought it from. Yesterday they gave me the grim news: nearly 10k in repairs.

The BMW dealer took it in on trade, slapped the cheapest new tires they could find on it and threw it online. They admit to Hyundai that they didn't even do an oil change. Needs almost $1000 of just 60k mile scheduled maitinence with flushes and filters too. The death of the car stems from an aftermarket (Energizer Max) battery that was undersized. It caused the alternator to burn up.

Between the purchase date and death date, I discovered the outside power folding mirrors didn't work, the sunroof had issues closing and opening. The Sister Hyundai dealer says the adaptive headlight motors had stored codes and headlights need replaced for $3400 parts alone. The BMW dealer didnt send this Luxury car out to be reconditioned and inspected by Hyundai techs at one of the TWO sister Hyundai dealership they own in Phoenix. They slapped lipstick on a ticking time bomb and I'm collateral damage. I haven't even made my first payment yet and didn't put any money down or trade in.

What are my options on day 15? Arizona has some laws in place but the remaining factory warranty is covering all but the aftermarket battery and outside mirrors. BMW dealer agreed to pay for new OEM battery. Is that them admitting fault for flipping the car without a thorough inspection or standard reconditioning?

I appreciate any feedback.

 

[Operationdoomsday]

Why wouldn't it cover outside mirrors? My driver mirror stopped folding and warranty covered it. Hopefully everything gets sorted out.

 

[Mark_888]

What are my options on day 15? Arizona has some laws in place but the remaining factory warranty is covering all but the aftermarket battery and outside mirrors. BMW dealer agreed to pay for new OEM battery. Is that them admitting fault for flipping the car without a thorough inspection or standard reconditioning?

I appreciate any feedback.

Is there some law that says a used car dealer has to do a "thorough inspection or standard reconditioning" of a used car before selling it? I have never heard of that, although I have not bought a used car since I was in college (a very long time ago).

I do know that a used car dealer must disclose all known problems, unless the car is sold "as is." But I was not aware that they are required to inspect the car.

However, according to an Arizona state website:

"Used cars in Arizona are sold with an implied warranty of merchantability that applies to every used car sale (although a specific defect may not be covered if it is spelled out in writing). This law is found at A.R.S. § 44-1267 (http://www.azleg.state.az.us/ars/44/01267.htm). The implied warranty lasts fifteen days or 500 miles, whichever comes first. The dealer must be given two opportunities to repair the vehicle, before a consumer can seek a refund."​

BTW, the early 2012 5.0 engines and transmissions had higher than average problems, so if you can get refund, you might want to consider that.

 

[Bigstupidjerk]

Why wouldn't it cover outside mirrors? My driver mirror stopped folding and warranty covered it. Hopefully everything gets sorted out.

Two dealers have denied it in the last two weeks. One said they noted "impact damage" to both mirrors when the previous owner tried to get the broken mirrors fixed. The dealer that has it now makes more sense, they get back charged from Hyundai if they replace the mirrors and send the parts back for inspection that wasn't defect related. Seems like a cop out as there is no damage and I can't find really ANY similar mirror issues across any brand on the internet.

 

[Bigstupidjerk]

Is there some law that says a used car dealer has to do a "thorough inspection or standard reconditioning" of a used car before selling it? I have never heard of that, although I have not bought a used car since I was in college (a very long time ago).

I do know that a used car dealer must disclose all known problems, unless the car is sold "as is." But I was not aware that they are required to inspect the car.

However, according to an Arizona state website:

"Used cars in Arizona are sold with an implied warranty of merchantability that applies to every used car sale (although a specific defect may not be covered if it is spelled out in writing). This law is found at A.R.S. § 44-1267 (http://www.azleg.state.az.us/ars/44/01267.htm). The implied warranty lasts fifteen days or 500 miles, whichever comes first. The dealer must be given two opportunities to repair the vehicle, before a consumer can seek a refund."​

BTW, the early 2012 5.0 engines and transmissions had higher than average problems, so if you can get refund, you might want to consider that.

I thought it was a reasonable consumer expectation that a franchise dealership wouldn't throw lipstick on a pig. It's the nicest non German used car on their lot. Not even an oil change? Hyundai says they would have done a full inspection and reconditioning if it was on their lot. They even said if they took a BMW in trade, they would have sent it to that dealer to check out. In 2016, a reputable franchise dealer should act like it.

 

[jsmit86]

If you are getting out of this with just paying for the outside mirrors, I'd say you're doing OK. Perhaps you can get the BMW dealer to also split the outside mirror expenses with you.

Your other option would be to request a buy back, but that might not happen.
I'd also ask for a full inspection at the Hyundai dealer to make sure that you don't have any major lingering issues.

 

[PMCErnie]

I wouldn't buy any used car these days without buying an extended warranty. Too much expensive stuff can go wrong.

 

[landtuna]

I would go one step further than PMCErnie and not buy any used car unless I knew the previous owner personally and he was a registered car nut. I would not touch a previous lease or rental under any circumstances. I can afford the instant depreciation and increased reliability much more than an experience like the OP posted and the fact is most temporary owners just don't take care of their vehicles properly when new.

 

[Bigstupidjerk]

I wouldn't buy any used car these days without buying an extended warranty. Too much expensive stuff can go wrong.

Luckily, I have 5 months left on the factory warranty and I bought the dealer's 3rd party warranty. 5 years 75K miles total wrap. I sent an email last night asking to return the car as part of Arizona's Implied Warranty of Merchantability. I doubt they do the right thing and accept it back but that just means they will have a CS nightmare on their hands. Hell hath no fury like a consumer made a fool.

I picked the car up this morning with OEM battery and new alternator, all other parts including unapproved mirrors are on order. The OEM battery is literally twice the size of the aftermarket one that blew up.

 

[Mark_888]

I thought it was a reasonable consumer expectation that a franchise dealership wouldn't throw lipstick on a pig. It's the nicest non German used car on their lot. Not even an oil change? Hyundai says they would have done a full inspection and reconditioning if it was on their lot. They even said if they took a BMW in trade, they would have sent it to that dealer to check out. In 2016, a reputable franchise dealer should act like it.

No, in fact the Arizona state website says that you (not the used car dealer) should hire your own mechanic (such as a Hyundai dealer) to check out the car yourself.

I think your Hyundai dealer is lying about what they would have done unless it was a CPO car (certified pre-owned).

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[Mark_888]

I picked the car up this morning with OEM battery and new alternator, all other parts including unapproved mirrors are on order. The OEM battery is literally twice the size of the aftermarket one that blew up.

There is no such thing as a Hyundai OEM battery. There is an OEM battery size (H8) but the brand of the batteries of cars manufactured in Korea are not going to be sold (even by Hyundai dealers) in the USA. Hyundai dealers use various after-market brands of batteries manufactured in the USA. Batteries are too heavy (expensive) to have them shipped from Korea.

 

[cletus]

There is no such thing as a Hyundai OEM battery. There is an OEM battery size (H8) but the brand of the batteries of cars manufactured in Korea are not going to be sold (even by Hyundai dealers) in the USA. Hyundai dealers use various after-market brands of batteries manufactured in the USA. Batteries are too heavy (expensive) to have them shipped from Korea.

Actually my local dealer still stocks actual Hyundai brand batteries for older accents and sonatas that take a special sized battery. They gave it to me for free when we still had her 2003 accent in 2010.

 

[Mark_888]

Actually my local dealer still stocks actual Hyundai brand batteries for older accents and sonatas that take a special sized battery. They gave it to me for free when we still had her 2003 accent in 2010.

A lot of Hyundai's are made in the USA, so they may have an OEM battery. If they had a special size back in 2003 for cars made in Korea, then maybe they had to import those.

But you cannot get the same exact battery in the USA that is put into Korean made Hyundai Genesis (or Genesis). But there is no problem, since it is a standard H8 size.

 

[Bigstupidjerk]

A lot of Hyundai's are made in the USA, so they may have an OEM battery. If they had a special size back in 2003 for cars made in Korea, then maybe they had to import those.

But you cannot get the same exact battery in the USA that is put into Korean made Hyundai Genesis (or Genesis). But there is no problem, since it is a standard H8 size.

Its an Interstate battery branded with Hyundais logos instead. $250 includes "labor."

 

[PMCErnie]

How do they drive them off the boats without a battery?

 

[Mark_888]

How do they drive them off the boats without a battery?

What are you talking about?

 

[PMCErnie]

What are you talking about?

You used the term OEM incorrectly. The Genesis arrives on our shores with an OEM battery. If a subsequent battery is installed here, it's an "aftermarket battery."

WIKIPEDIA says it like this:

"When referring to auto parts, 'OEM' refers to the manufacturer of the original equipment, that is, the parts assembled and installed during the construction of a new vehicle. In contrast, 'aftermarket parts' are those made by companies other than the OEM, that might be installed as replacements after the car comes out of the factory."

 

[Mark_888]

You used the term OEM incorrectly. The Genesis arrives on our shores with an OEM battery. If a subsequent battery is installed here, it's an "aftermarket battery."

WIKIPEDIA says it like this:

"When referring to auto parts, 'OEM' refers to the manufacturer of the original equipment, that is, the parts assembled and installed during the construction of a new vehicle. In contrast, 'aftermarket parts' are those made by companies other than the OEM, that might be installed as replacements after the car comes out of the factory."

I was responding to the OP who said the dealer installed an OEM battery in his Genesis.

Hyundai does not manufacture batteries (at least not anymore since they are no longer a huge conglomerate and the auto company is now separate from other Hyundai companies that share the Hyundai name). If a Hyundai is assembled in Korea, they use a Korean (or Asian) supplier for the battery. If a Hyundai is assembled in the USA, they use a USA supplier.

There are relatively few companies that actually make batteries, and what may appear to be two different brands is often just two different stickers on the same battery.

Because of the weight of batteries, and the cost involved in shipping them from Korea, USA dealers do not have access (via HMA) to the same exact battery installed in a Korean made Genesis. So in that sense, there is no true OEM battery available in the USA for the Genesis that is the same battery as used during assembly in Korea. HMA "may" sell batteries to dealers (I don't really know), but they are not identical to the ones used during Korean assembly.

 

[Bigstupidjerk]

No, in fact the Arizona state website says that you (not the used car dealer) should hire your own mechanic (such as a Hyundai dealer) to check out the car yourself.

I think your Hyundai dealer is lying about what they would have done unless it was a CPO car (certified pre-owned).

You are right about Hyundai. Service told me they'd only sell it used on their lot if it passed the CPO inspection and reconditioning. It's no lie that I would have spent at least a few thousand more, more that the complete cost of an extended warranty, if this was a reconditioned CPO.

 

[Bigstupidjerk]

UPDATE: Returned the car to Chapman BMW in Chandler AZ on Saturday. They offered to pay $540 in "immediate attention" maintenance items that Hyundai found, along with the battery. We parted on future electrical or unknown shortened life span of the other components affected by the whole meltdown. They also declined to pay for the mirrors being replaced at $1800. I made the case they were safety related and them not working properly at time of purchase was their oversight in the service department. All in all, they were easier to deal with than expected and the car is theirs to wholesale or whatever. I miss the V8 and value luxury but I wont miss the future maintenance headaches. I wish I could find an identical replacement but in this area its V6 Genesis or nothing.