05-21-2020, 07:16 PM | #89 |
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I'm convinced the OP is going to be ok at the end of the day. BMW and Swapalease will most likely take care of it as this is a clear case of fraud. Just ridiculous hearing about all these pieces of crap scamming people left and right lately....
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05-21-2020, 07:43 PM | #91 | |
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05-21-2020, 08:01 PM | #92 |
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I've been speaking to a few lawyer. They're very expensive to hire. I'm hoping that BMW FS can aid me this as there is nothing swapplease can do. I verified that BMW FS has a legal team.
I was reading the lease contract that the person signed, and under #18, it states that "I agree to maintain, service, repair, and recondition the vehicle during the lease term with new and genuine manufacture's original equipment replacement parts as recommended in the vehicle owner's manual. I am responsible for repairs of all collision, accident, and other physical damage that is not a result of normal wear and use. These repairs include but are not limited to, those necessary to return the vehicle to it's pre-damage condition, including, but not limited to , repairing damage to exterior panels and components, structural components, and the vehicle's interior. All repair must be made with new and genuine manufacture's original equipment replace parts. Obviously, there is a breach of contract here as the parts were replaced. |
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05-21-2020, 08:20 PM | #93 | |
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05-21-2020, 08:22 PM | #94 | |
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05-21-2020, 08:30 PM | #95 | |
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When you lease a car, you do not own the car, you are basically loaning it. OP got a car with parts clearly missing and sold for $$ before he acquired the car. Which basically means the original owner broke the lease contract by doing what he did. Generally if you do this, BMW just fines you for doing it. If worse comes, BMW can force you to buy the car. Although I do not know how expensive it is when they (BMW) fines you. This is a bit different because the OLED and CS door is expensive. Adding both is easily above 10k. OP should be okay because he was scammed into it as I'm sure the original owner sold those parts for $$, didn't want to pay the fine BMW would give him. So swapped the lease in attempt to avoid it.
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05-21-2020, 08:43 PM | #98 | ||
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05-21-2020, 08:47 PM | #99 | |
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So yes, headlights were altered too. |
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05-21-2020, 09:07 PM | #100 | ||
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05-21-2020, 09:51 PM | #102 | ||
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My non-CS '18 has the same LED headlights OP got stuck with. did the scammer go through the hassle of coding the crappier lights and nodules? |
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05-21-2020, 09:55 PM | #103 | |
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05-21-2020, 10:00 PM | #104 | |
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05-21-2020, 10:05 PM | #106 | |
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05-21-2020, 10:13 PM | #107 | |
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Her suggestion was to wait to hear from bmwNA as you mentioned and to contact the attorney generals office since it's grounds for fraud. They may recommend an attorney that you can use that would be affordable, all the way down to pro bono, states usually have a list of lawyers that are affordable/free. Best case scenario is bmwNA just go after him, and you be clear of all the BS. I hope it works out for you. |
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05-21-2020, 10:18 PM | #108 | |
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05-22-2020, 01:17 AM | #109 |
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Think about the scenario in which I lease a new car through BMWFS and, after that fact, decide to tint the windows. I decide to swap my lease and tell you that I tinted the windows after I leased the car. You like the tint and decide to assume my lease anyway. When you go to return the car, BMWFS can ask you to pay to remove the tint on the windows.
In the above example, BMWFS doesn't really care about the state of the car when you assumed the lease. They care most about the state of the car when it was first leased to me (the original owner) and the state of the car when you return it at the end of the lease term. The only thing different about the car at the end of the lease term should be "normal wear and tear." You are responsible for making BMWFS whole for anything more than "normal wear and tear" - you assumed this responsibility when you assumed the lease. Now, let's take the hypothetical that the original owner of the CS made $20k by parting out pieces of the car. They offer to let you assume the lease with you knowing full well that the car has been parted out. To make it worth your while, they pay you $10k of the $20k they made - equal share. You assume the lease. At the end of the lease term, you go to return the car to BMWFS. BMWFS notices that the car has been parted out. What is BMWFS supposed to do? Let you off the hook (and go after the original owner)? No -- they ask you to make them whole based on your lease assumption agreement. BMWFS is going to want to be made whole. Unless someone else is brought forward to be responsible to BMWFS (by you), BMWFS will want to be made whole by you. Your situation is different from the hypothetical I describe above, but just be careful assuming that BMWFS's interest aligns perfectly with yours. Consult a lawyer. Just my $0.02. Last edited by bayarea328xit; 05-22-2020 at 01:24 AM.. Reason: Typos |
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05-22-2020, 01:26 AM | #110 | |
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I hardly see any upgrades from what I can tell from the ad. All the previous owner did was removing a few, quite expensive OEM things. Probably sold them for money then after being bored or not used to the car, decided to swap the lease. CS door, CS front lip and rear OLED tail lights at the very least. If OP says door is not the CS pull doors and his car is Alpine White. Original owner probably straight up replaced it since Alpine White is the easiest color to replicate. You can check this if the door doesn't have the original paint due to it's thickness. I'm iffy on the rims too. BMW NA will have the original owner's information. It shouldn't be too hard for them to chase this guy down. The OP should be perfectly fine as he was scammed into signing a car with missing parts, especially since it's a lease. Too many newbies mistaken what a lease is supposed to be.
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