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Old Apr 16th, 2004, 05:56 PM   #1
Twostep
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Lemon Law and Ethics

My 03 MCS was a lemon, and I ended up getting a "Trade Assist" from MINIUSA to buy a new 04 MCS. Yesterday, I ran a CarFax report on my old VIN and found that someone has bought my old car. CarFax didn't list the car as a Lemon, and I suppose that is technically true. I am wondering if I should try to track down the new buyer and let them know about the vehicle history. I think I can get the current title from the RMV for 10 bucks or something and track down the new owner that way. It was sold in my state, and I don't think there was enough time between when I traded in the old car and the date of sale for the car to be repaired. The mileage was nearly the same from when I traded it in and when it was sold and the problem took around a thousand miles or so of driving to show up.

Also, I signed a confidentiality agreement as part of the Trade Assist, so even saying this much technically breaks that. If I did end up tracking down the new owner, how would they be able to do anything without revealing that I broke the agreement?

If anyone reading this has a used 03 MCS, BRG with white top and white stripes that they bought in MA in Feburary with around 22,000 miles on it, send me a PM please.

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Old Apr 16th, 2004, 07:37 PM   #2 (permalink)
obehave
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Your sentiment is commendable.
You signed a CA. You could get in very deep doo doo.

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Old Apr 16th, 2004, 08:11 PM   #3 (permalink)
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Man BMW is pretty sneaky. Selling off old lemons to unsuspecting customers while making the previous owners sign confidentality agreements.

Car is only good as the driver.
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Old Apr 16th, 2004, 10:46 PM   #4 (permalink)
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Re-read your confidentiality agreement very carefully. Maybe you can get out of it, but otherwise, I think your best bet is to realize you can't win everything and always be the nice guy, so you may just well leave it alone, and hope the next owner doesn't have the same trouble, or at least doesn't mind it.

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Old Apr 16th, 2004, 10:48 PM   #5 (permalink)
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Unfortunately you are bound by your signature. I would say it is unethical to break a contract, but I understand you wanting to help out the other person. It does seem very sneaky on MINI side to sell the car so quickly, I hope they did fix it first, or let the buyer know there was a problem. As with all things, it is a case of buyer beware
I hope things work out well for the new owner.
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Old Apr 17th, 2004, 01:11 AM   #6 (permalink)
CooperS4us
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Quote: Originally Posted by Barnabas
Man BMW is pretty sneaky. Selling off old lemons to unsuspecting customers while making the previous owners sign confidentality agreements.


All car companies do this, not just BMW. GM made me sign a confidentiality agreement when they buyback their lemon Chevy.

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Old Apr 17th, 2004, 01:14 AM   #7 (permalink)
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Legally, you no longer own that car. You are bound (like it or not) to a confidentiality agreement as part of the buyback/trade process. BMW can go after you if you break the contract. I appreciate your ethics and moral principles, but this time around just let it go and enjoy your new car. Who knows, the old car in hands of the new owner could turn out to be a pretty reliable machine, so my advice is this: Don't play with fire.

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