Eric M. Loper D.D.S., P.C.

Dispute Resolution Department RE: [redacted] * [redacted] We repaired the customer’s vehicle in October of after she hit a deerOnce finished, we delivered the vehicle to the customer and did not hear from her for monthsShe then called about the connector problem that had caused the engine light to come onAs a one time goodwill gesture, we agreed to pay for the repairs to that areaTo repair the problem, the repair facility in Ohio had to remove and then reattach the bumper coverAt that time, as the customer states, the bumper was damaged by said repair shopDue to both their action and the time between the original repair, it is impossible to determine who may have caused the unsatisfactory workThe liability shifted from our facility to those who last removed and repaired the bumper coverWe recommend that the customer contact that service center for any restitution

I am rejecting this response because:
Mr*** finally responded to me once complaints were filed with the Revdex.com and BMW of North AmericaHis communications were evasive and insultingFirst, he is going to great lengths to make it sound like the preexisting and undisclosed damage is minorIt is notFar from it, in factIt is significant and material to the condition and value of this collector carAs such, it has greatly devalued the carMr*** has denied this, but it is only because he has no real interest in correcting this nightmareEvery expert who has a seen the car or even a photo of the damage has reported that the full front bumper will have to be resprayedIf the damage were merely "light scratches" as Mr*** conveniently calls them, they would have long been buffed outThere are several deep scratches through the paintAnyone with two working eyeballs could see this even at a quick glanceMr*** claims that he and BMW of Peoria had no knowledge of this damage prior to the saleThe driver told me otherwiseBut even if he didn't, he should have known of them as he promised to go over the car carefully for me (as this was a cross-country purchase) and even the most basic of reviews would have revealed such damageIn addition, after the driver pointed out the damage to Mr***, Mr*** made no attempt to contact me, no attempt to ask me if the damage was okay with me, no offer to repair the damageetcIn fact, he did nothing at allHe was probably too busy counting my money and having a laugh with his colleagues at my expenseI already told Mr*** the respray would cost me $700, as estimated to me by the body shop here in Boise that was recommended to me by the dealerMr*** continued to add insult to injury by telling me to find other estimates because his body shop in Illinois would do it for lessAbsolutely incredibleI guess Mr*** and BMW of Peoria thought they found a pigeon when they took me for a ride on this sale, a car for which I paid over sticker, sight-unseen, based on Mr***'s assurance that he would take good care of meI trusted him, which was my enormous mistakeIn my years of buying luxury sports cars, I have never experienced or even heard of a situation like this

Initial Business Response /* (1000, 5, 2016/09/27) */
Dear Revdex.com,
We are aware of the circumstances surrounding this claimMr*** purchased the motorcycle over the internet via EBayThe motorcycle was clearly disclosed as usedIt was also disclosed that the bike had a broken clutch handle
and scuffs on said clutch handle guardWe had multiple pictures of the bike on the site and furthermore sent additional pictures during the negotiation processThe BMW was a dual purpose motorcycle (street and off-road) and had expected wear and tearThe former owner stated the bike had never been in an accident or "laid down"
After Mr*** purchased the unit, he hired an independent transport company to pick up the bike at our store and deliver it to his residenceThe company sent two representatives and they both had the opportunity to look over the bike and accept it as it wasWe showed them the disclosed damage and started the bike for their reviewThey accepted the unit, loaded the bike into a cargo trailer, and took possessionThey explained that they were keeping it overnight at their facility and would be delivering it the next day
Mr*** is incorrect in regards to the title issueWe are and always have been in possession of a free and clear Illinois title to the motorcycle in questionWe inadvertently sent the incorrect V.I.Nnumber and bike information to have him sign before deliveryWe corrected this error and sent the proper forms along with the transport company to be signed and returned to our dealershipOnce those forms are returned, we will immediately process the title and over night it to Mr***
He is welcome to contact me directly if he has any other questionsThis EBay sell is considered final
Sincerely,
*** ***
General Manager
BMW of Peoria
Initial Consumer Rebuttal /* (3000, 7, 2016/09/29) */
(The consumer indicated he/she DID NOT accept the response from the business.)
In response to BMW of PeoriaThey state that they disclosed a broken clutch handle and scuffs on said clutch handle guardWhich is untrueThere was never any disclosure of any scratches, dents, or damage other than a broken clutch leverThey also claim this it was a dual purpose motorcycle, street and off-road and had expected wear and tear, which was also not true What they did claim is, (this motorcycle is like brand new with only miles.) Unfortunately this bike has been improperly described and was wrecked on the left side, which I sent pictures to the dealership upon arrival, and again I was told I'm too picky
I hired a shipping company , not a inspection company on the belief that the bike was like new, as it was described to meSo the shipping company was not there to inspect the bike, just there to load it and ship it to me
On the EBay website their description is as follows, (Like new, No scratches, Dings or Dents, needs clutch handle.)
I emailed the internet sales associate *** *** stating I was interested in the bike and I needed to ask why it needs a clutch handle, has it been wrecked or dropped or any other issues? His reply is, it has not been dropped the handle was broken when it was being unloaded from the trailer by the person who traded it in, the strap holding the bike got too tight snapped the handleI have searched and the handle is about $Tops on eBayThe bike is like new and is a steal at this price we are just trying to move inventory before the end of the month this thing is priced to sellI sent a follemail ask him ***, do you by chance have a picture of what's broken? I'm having a hard time visualizing how the clutch handle has been broke by straps when the bike has handguards*** replies, I can take a pictureThis bike still has the nipples on the tires, this thing is like new it's currently pending Finance at the price from a local customerHowever it's first come first serve, let me knowThe following day, I sent another email to *** requesting again to get a picture of the damage so I can make a decision on buying the bikeHe later sent four picturesTwo pictures directly down close up on the clutch handle so that no damage could be seen on the left side of the motorcycle and then two close up pictures of the right side of the bike to show me how clean it was and how new it isWhich all the damage is on the left side of the motorcycle
I have not received the titleI have received two packets of power of attorney forms and waiver release forms that BMW of Peoria wants me to sign and have notarized before they will send a title supposedlyThat was not described in the terms of the eBay auctionThe vehicle was paid for in full and still no title which is required by both States or it's an invalid transaction
How convenient to send you a damaged vehicle once they have your money and a waiver already signed releasing them from any liability or misleading advertising
I would have thought a BMW dealership would have more integrity and honesty to make customers happy not mislead them with advertisingIf they truly did not know the bike had been damaged you would think they would make it right with me as a valued customerBut unfortunately most of the evidence appears that they were attempting to hide the damage to make a small profit on my behalfI have offered them the opportunity to make this right and correct the damage on the bike or just take the bike backI paid premium money for the motorcycle expecting it to be in as new condition as they described it, and with a certificate of title
Final Business Response /* (4000, 9, 2016/10/08) */
We are in contact with Mr***I have asked him to produce prices for any parts that he fills may be damagedI will not make promises as this is a used bike and some wear should be expectedI also informed him we do have the title which is free and clear, I simply have asked him to complete the forms that were sent with the bike in order to forward the titleIn good faith, I will consider sending the title in advance of the requested documents
Final Consumer Response /* (4200, 11, 2016/10/14) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have been in contact with mr*** *** general manager with BMW of Peoria IllinoisUnfortunately his reply to the Revdex.com is not the same reply as to myselfI was willing to just replace a few of the most damaged and bent Parts at a cost of $doing all the labor myself which would have saved over $1,from going to a dealership and have them repair the partsI agree that wear and tear is common on a used vehicle even with as little as this vehicle of milesBut when one's been involved in an accident that's not wear and tear and the dealership completely misled me, lied to me, and claimed that the vehicle was not involved in an accident which it clearly has beenI have requested complaint forms from the Illinois's Attorney General's office, Secretary of State, and the Federal Trade Commission and have been advised that possible laws have been brokenI was advised by mr*** that he would pay $on the wrecked vehicle and mail the title to me, that they couldn't do anymore because they didn't make enough profit and they sold the vehicle to cheapI told mr*** *** repeatedly that he is more than welcome to have this vehicle back and resell it for a bigger profit which he claims he does not want it backThere is no excuse for not sending the title already and according to Illinois's law that they should have sent it to me in the first daysI have gone completely above and beyond to attempt to resolve this issue to the point of trying to save them $2,or more to be compete repeatedly insultedMr *** needs to look at the fact that his employees completely misled, lied, possibly committing fraudI purchased this vehicle in good faith knowing that it would have wear and tear from miles but not being involved in a accident or being wreck

Revdex.com,We have reached out to Mr*** to discuss any issues he is having with the delivery of his vehicleThe damage in question was noted by the transport company during pick upIt was under the front spoiler scuff plate located underneath the vehicle and unseen by usThe driver stated it was
light scratches that could be buffed outWe took his word as such and believe this was related to the transport company and to Mr***The light scratches were noted on the bill of lading and the vehicle was loaded by the carrier driver with no other contact from any partyWe have asked for an estimate at this point to try to resolve the repair costWe are unaware of the other issues he had stated in his complaint, so requested that he provide us more detailsIt was learned that the delivery coordinator failed to send a day "Drive Away" permit that Mr*** had paid forHe immediately produced the permit and has sent to the customerIt should be his possession or arriving soon. Sincerely,BMW of Peoria

Initial Business Response /* (1000, 5, 2015/10/07) */
Dear Revdex.com,
We appreciate the opportunity to respond to this complaintUnfortunately, Mr*** purchased this unit "AS IS"
A California Notary Public *** *** witnessed signatures on paperwork involving this purchase that also
included multiple documents explaining what an "AS IS" purchase entailed and any risks involved with said purchaseThe client also initialed the "Used Vehicle, Vehicle Sold "As Is" section that clearly states:
"Buyer is not relying upon any representations of the sellers employees, agents, servants, officers, or directors regarding the vehicle's current condition or how the vehicle will perform or if the vehicle has been safety checked or inspected except for those representations noted on new and used vehicle disclosure signed separately by buyer (this form has no representations and was also signed by the client)"
These documents are available if requested and Mr*** should have all his copies from the transaction
We always encourage out of state purchasers or anyone who has not physically seen the vehicle they are buying to have the vehicle inspected before purchase and delivery by an independent source
In regards to California inspections, we are an Illinois dealer and it is not our responsibility to ensure a vehicle passes another states guidelinesThis unit is a with 196,miles, and it should be expected that some repairs might be needed in order to satisfy any required state inspections
We stand by the definition of an "AS IS" purchase in this matter
Sincerely,
BMW of Peoria

Dispute Resolution Department RE: [redacted]. [redacted]   We repaired the customer’s vehicle in October of 2016 after she hit a deer. Once finished, we delivered the vehicle to the customer and did not hear from her for 8 months. She then called about the connector problem that had caused the engine...

light to come on. As a one time goodwill gesture, we agreed to pay for the repairs to that area. To repair the problem, the repair facility in Ohio had to remove and then reattach the bumper cover. At that time, as the customer states, the bumper was damaged by said repair shop. Due to both their action and the time between the original repair, it is impossible to determine who may have caused the unsatisfactory work. The liability shifted from our facility to those who last removed and repaired the bumper cover. We recommend that the customer contact that service center for any restitution.

We have reviewed the new information as well as the email correspondence in regards to this complaint. Normally the customer would bring the vehicle back to the dealership and we would cover the repairs needed to the light scratches as described by the transport company. We understand that this is very difficult due to the distance involved. Within reason, our second option would be to have the customer repair the vehicle at another shop of their choosing. This repair normally would be handled internally at our BMW Body Shop for around $250-$300. The dealership is willing to forward $400 in order to resolve the matter.Sincerely,BMW of Peoria

I have reviewed the response made by BMW of Peoria in reference to complaint ID [redacted] Although the offer made by Jon [redacted] (General Manager of BMW of Peoria) is unfairly low, it is clear at this point that they will do no better. As such, I am forced to accept their offer of $400 restitution for the undisclosed damage to the vehicle.

Dear Revdex.com,We have received the complaint in regards to Michael [redacted] Please understand that the condition of a 31 year old vehicle can be very subjective. This is why we strongly suggest that a buyer of this type of purchase inspects the vehicle before purchasing. I have enclosed our...

companies "Collector, Antique, Classic, or Specialty Vehicle Disclosure" which states that our company has no guarantee to the condition or description of these type of units. It also acknowledges the recommendation of a visual inspection by the buyer prior to continuing with the transaction. Mt. Youngblut read and signed the document.We do not want unsatisfied customers, so have given and will again offer the return of the $9000 purchase price once the vehicle is returned to our dealership. As expected, it would need to be in the same condition as when it left our dealership.  Sincerely,BMW of Peoria