Legal advice please

[Baz]

A mate of mine bought a BMW 318 on a 61 plate from a trader, guy is on the fringe of the trade. Lots of promises that he would get the dodgy Key that came with the car repaired and supply another new key. After a week mate phoned key company who are good and asked about getting BMW key, they said job for BMW. Trader said shop talking rubbish he would get it done, he collected car took it to someone who tried to fix key, this resulted in key not working, next story ECU out of car on bench, still not fixed. mate is now Very pissed off, only good bit is that he has got dealers van boxed in on his drive and has told him he will not release it until he gets car back or refund. Trader said today he would bring car back and give him £150 so he can get key sorted and that it was his fault for being so silly about the key. On receipt for car Trader had written that the key would be replaced and another key supplied. Car also came with a guarantee but that is just from the dealer and not through a separate firm. Mate is asking how he can escalate action against the trader. I have told him to try and keep his van boxed in for as long as he can and not to lay a finger on him. Police would not be interested I guess. So where does this leave him?

Any thoughts Baz

[PeterK]

Small Claims Court is probably how best route.  Sue for whatever BMW will charge for working keys or a full refund.

[sopor]

Doesn't sound like a warranty issue at all - just a dealer trying to wriggle out of a commitment once he's realised the actual expense of resolving it.

There are the likes of http://bmwspecialistreading.co.uk/bmw-key-remote-supply-coding/ but note the cost is for an uncut key.

I would suggest your mate goes to his local BMW garage with ID and the V5 and gets a quote for 2 new keys. Seller's van is released upon payment in cash for the quote. BMW can create keys without the physical car being present. There's still a risk that in removing the ECU they have buggered something up.

[Baz]

Thanks Gents. Update is that car has been fixed and will be returned tomorrow, we will see! At least the trader has honored his guarantee. My mate had to get a bit heavy with him but he did bring on himself. These cars are forcing the man in the street to take them to the garage or an expert now.

Cheers Barry

[Nige]

Luckily not all traders are like this.  I purchased a used car last year which need post purchase fixes, key recode and a couple of door actuators.  The repairs were arranged instantly, no questions asked and a courtesy car thrown in too, plus emails and texts confirming all ok.