Can I sued this dealer in California?

10

Asked by Guru96PV27 Nov 01, 2022 at 01:04 PM about the 2017 BMW 2 Series 230i Coupe RWD

Question type: Maintenance & Repair

I bought a Demo BMW 230I , mileages was 8000, the first date of use as a
demo car was 01/10/2017, the dated that I signed contract to buy it was
12/13/2017, then I bought the maintenance package and wheels protection ,
the term was 60 months for both , on the 11/01/2022 I went to dealer to have
service as it was showed on odometer , the dealer said my maintenance
package was expired since 01/10/2022 , but the wheels protection package
is still valid., I asked them how to count the term of 60 months, the dealer
said they counted from 01/10/2017 (the day of use as a demo car), I said
that was not fair, because I did not use the car until I bought on 12/13/2017,
and the dealer should start counting from the date that I signed contract, the
dealer insisted that maintenance package was expired, I would like to ask
you  that I can sued this dealer in California?

3 Answers

157,615

The Dealer is correct and this is exactly why you shouldn't buy a demonstrator model. The warranty and everything else begins running when the vehicle is first placed into service. In this case the vehicle was first placed into service on January 10, 2017. So 60 months, or 5 years, from that date was January 10, 2022. You probably still have some emission control warranty left, until January 10, 2025 or 80,000 miles, whichever comes first. But that's about it. Another fun fact is whether the vehicle was placed into service or not, the warranty also begins running when the vehicle hits 1,000 miles. How that can happen without the vehicle being placed into service I don't know. But it's usually mentioned in the warranty booklet. Sorry for your disappointment! Jim

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