Buying a BMW...

(Tuesday, 26 March 2024)

Unusually this post is NOT about data protection nor cyber security…

I wanted to share a personal journey in the purchasing of a vehicle, and solicit some opinions from the Linked-In community:

1. I viewed a secondhand BMW vehicle, at a BMW dealer in the UK which I liked.

2. After some negotiations with the Sales Person, we agreed on a purchase figure.

3. I am funding the purchase fully from savings, with no finance required.

4. A condition of the sale was for the vehicle to be HPI checked, not crashed and clear of finance.

5. Although the vehicle has been presented as a 1x owner vehicle, it was actually a Demo.

6. I ran an HPI Check and was returned with the following information:

"We recommend that you use the details provided to contact the finance company and determine the current status of the finance secured against this license plate.

• Recorded against: Licence plate and VIN
• Description: BMW <Redacted>
• Date: 31/03/2023
• Finance house: BMW LEASING (UNIT STOCKING) GB
• Finance house telephone: <Redacted>
• Agreement reference: <Redacted>
• Agreement type: Demonstration Stocking

A form of dealer finance used to enable dealers to fund demonstration vehicles. Talk it over with your dealer, check their liability and get confirmation in writing that they will clear the finance on the vehicle you are buying."

7. I attempted contacting BMW Leasing (GB) Ltd and BMW Financial Services (GB) Ltd, neither of which would discuss the matter, nor allow me to visit them at their offices in Farnborough UK, as I did not have an existing business relationship related to the vehicle in question.

8. It would appear that the vehicle in question has outstanding monies owed by the dealer selling the vehicle to BMW LEASING (UNIT STOCKING) GB.

9. It transpired that the dealer selling the vehicle would use the the monies which I would pay the dealer for the vehicle to pay off any monies owed by the dealer on the vehicle in question.

10. This is apparently: “BMW Protocols”, and not subject ot change or exception.

If I was to purchase a vehicle from anywhere else, ran an HPI Check, and discovered there was outstanding monies owed, I would wish for that to be resolved such that when I made the purchase, I would have free and clear title to the vehicle, with zero monies owed by others, and any finance agreement previously settled.

Under Section 12, Sale of Goods Act 1979 the seller either has legal title to the property to be sold or that he will have title at the time when property is to pass.

Seller does not have title if the seller does not own the goods, the buyer generally cannot gain title, but he can sue for breach of the implied term as to title.

In my opinion, the solution would be:

• For the dealer to pay from their own funds any monies still owed on the vehicle to BMW Leasing.
• For myself to update the HPI Check, and for it to be clear from any financial liens.
• For myself to pay the dealer the purchase price from my savings.

Questions:

A. Would you buy a vehicle that had outstanding finance on it? Yes/No

B. Is the BMW Dealer in breach of Section 12, Sale of Goods Act 1979? Yes/No

C. Should be BMW (GB) finance/leasing etc change the above listed:

“BMW Protocols”? Yes/No

Welcome to hear any additional commentary from the community.

Many thanks.

Rod G.

UPDATE: (Friday 5 Apr 2024)

• At the 59th minute of the 11th hour, and with extra-ordinary efforts by the Sales Person with their Accounts Team, the BMW dealer paid BMW Leasing the monies which was outstanding under a finance agreement.
• With an independent HPI Check undertaken by myself, the vehicle in question was shown to be free from finance, and free from any financials liens.
• Once independently confirmed I was able to purchase the vehicle.
• What should have been a enjoyable experience, has been tainted by these events. The Sales Person asked '...was I excited...', I was not....
• Had the Sales Person not persuaded their Accounts Team to act and make the payment to BMW Leasing, I was prepared to walk away from this purchase, from this BMW Dealer.
• Have 'BMW Protocols' changed?
• No...I would still maintain that the 'BMW Protocols' constitute a breach of Section 12, Sale of Goods Act 1979, but at least I know this vehicle is mine.