I Don't Know What Kind of X5 Canem Auto Gallery Sold Me

[colt22]

old--

[zipdoa]

WOW.

That is brutal.

Have you contacted AMVIC? Sounds like whoever owned the vehicle when it was flood damaged did not go through insurance, so that's why it didn't show up on the CarProof (you did read the CarProof, right?)

AMVIC is your best bet at this point.

edit:

apparently tl;dr - yes, contact the Motor Vehicle Sales authority of British Columbia.

Also, the Dealership that sold you the vehicle should've noted that the rotors and pads needed replacing.

http://www.mvsabc.com/

[Ntense_SpecV]

Originally posted by colt22
Hey guys,

Just looking for some quick advise and direction regarding my case and any possible resolutions that may exist.

In december 2012 I travelled to Kelowna, BC to Canem Auto Gallery to purchase a used 2005 BMW x5 4.8is. The car came with a clean title and a single collision for $868.00 of damage.- it was not mentioned what the issue was or what happened. I I assumed it to be a dent or something insignificantly superficial. Everything else checked out mechanically at the point of the sale and nothing about a flood was ever brought up. I Drove the car home after paying $27,288 in cash and returned to Calgary to complete a out-of-province inspection which it passed after a 1,400 brake job. I used the car for the next month and a half with no issues.

Fast forward to this week (feb17-21). I was in the process of selling the vehicle after realizing the X5 wasn't really my thing (gas, size, missed a stick transmission). On a test drive my interior and exterior lights began to act up, flickering in unison. A trip to Alpine Autowerkes for diagnosis revealed that the car has been in the flood and the x5 is essentially rendered un-driveable from this point on. There is corrosion, silt and sand in the electrical compartments and there were attemps to mitigate the electrical damage where someone had placed extra grounding connections. My mechanic very definitively stated the car was flooded and it is a write off.

As of now, I have called my insurance and there is nothing they can do. I have called the dealer and they claim to have no knowledge of the flooding.

Do I have any recourse, legal or otherwise that I can pull myself out of this situation? I would be about $28k if there is no solution and that would be incredibly devastating.

Thanks

How did you find out about the collision? Did they disclose this, or did you do a carproof?

[colt22]

edited. Carproof was done and showed no salvage title. Does AMVIC do well in situations like this?

[7thgenvic]

This is something Gallery of Fine Cars would pull...

[flipstah]

I will subscribe to this thread to know the outcome.

On a sidenote, how come nothing showed up in the OOP inspection? I haven't done one so I don't know what they ACTUALLY check. :dunno:

GL, OP!

[yellowsnow]

that blows man... you might have to go through small claims court for this if the dealer is not going to do anything. Who knows, they could be telling the truth and knew nothing of the flood damage. They probably bought the SUV in an auction, and it had a clean title with a minor damage claim.

I'm wondering how did the car pass the OOP inspection?

[DeleriousZ]

The fuuuuuck?? That's brutal man. I had heard that Canem was a pretty decent place, but this makes me kinda think otherwise.


Originally posted by flipstah
I will subscribe to this thread to know the outcome.

On a sidenote, how come nothing showed up in the OOP inspection? I haven't done one so I don't know what they ACTUALLY check. :dunno:

GL, OP!

OOPI's are pretty damn thorough, but IIRC they don't pop open the ecu or other electrical control stuff to check.

[Ntense_SpecV]

I was told by a friend that the mechanic can actually be held liable if they pass a car OPP illegally. Anyone know if this is true?

[ndhal417]

Contact these guys: http://www.mvsabc.com/ they are BCs version of AMVIC. They might be able to help you out. Is it originally an American vehicle? Do all the VIN plates have the same VIN number? You can try a car fax and see if anything shows up on it. This is a pretty common way for dealers to sell stolen or flood damaged vehicles.

[Sugarphreak]

...

[spikerS]

WoW, well, I would assume that your first stop would have to be a lawyer. Hopefully he can trace it back to the original seller of it. Having said that, I think the buck would stop with the BC dealer, who is obviously claiming ignorance.

take it to BMW directly, rather than Alpine, as they are the experts on the car.

[JustinMCS]

Wow! That is horrendous there is an obvious cover up. What if the dealership didn't do the covering up and they got it like this from auction or something? This sucks!

[rage2]

Originally posted by spikers
take it to BMW directly, rather than Alpine, as they are the experts on the car.
I don't think you need to be an expert to see that "There is corrosion, silt and sand in the rear electrical compartments and there were attemps to mitigate the electrical damage as apparently someone had placed extra grounding connections everywhere to circumvent the shorting."

[spikerS]

Originally posted by rage2

I don't think you need to be an expert to see that "There is corrosion, silt and sand in the rear electrical compartments and there were attemps to mitigate the electrical damage as apparently someone had placed extra grounding connections everywhere to circumvent the shorting."

absolutely, but if this ends up in court, it would be best to have the statement made by the experts, not the aftermarket install shop.

[JRSC00LUDE]

One would think that the dealership would be able to remember where they got the car and shift the onus onto that person or place.

[shakalaka]

Originally posted by Sugarphreak


FYI: Small claims court is limited to damages of 5000$.... OP is way over that.



The Provincial Court of Alberta can hear cases with claims of up to $25,000. Anything higher needs to go to the Queen's Bench. OP has the option to sever his claim down to $25K to bring it to the jurisdiction of the Provincial Court. There are advantages like it being cheaper and faster than the QB. For a claim of $28K, it is probably going to be better to drop it down to $25K and run this in the Provincial Court.

[CanmoreOrLess]

OP: Is this a USA registered vehicle?

The dealer, knowing the vehicle history or not, will deny, deny, deny until a force greater than a long distance customer applies pressure. Canem Auto is a member of the BBB, contact them and a lawyer. You are not getting anywhere without a lawyer plain and simple. Having their name on Beyond is going to cause them some concern, it is a start,

There has obviously been fraudulent behaviour when:

There is corrosion, silt and sand in the electrical compartments and there were attemps to mitigate the electrical damage where someone had placed extra grounding connections. My mechanic very definitively stated the car was flooded and it is a write-off.

The Canem website states:

Canem Auto Gallery does not deal in vehicles with rebuilt status and all inventories come with fully disclosed ICBC documentation so you can buy with confidence.

http://www.canemauto.ca/dealership/history.htm

Who knows if this is a scam or ripoff, what Google will tell the world is that CANEM AUTO GALLERY in Kelowna is not to be trusted by anyone until this is settled and all the details are known. The sales manager Brian Matassa also needs to be held accountable.

[Sugarphreak]

...

[hurrdurr]

First you paid $10k too much for an 05 X5 and then it's a flooded car? Harsh - Good luck man

[CanmoreOrLess]

It gets more worrisome here if the vehicle is from the USA:

Vehicles imported from the U.S. are processed through Transport CanadaÕs registrar of imported vehicles program under the Motor Vehicle Safety Act. Through the program, the vehicle status (i.e. normal, salvage, rebuilt or non-repairable) shown on U.S. vehicle titles are captured and made available to all licensing jurisdictions in Canada. Flood damaged vehicles will be assigned a Ônon-repairableÕ status and will not qualify for on-road use in Canada.

To best protect yourself, try to buy a vehicle only from a licensed dealer. Motor Vehicle Sales Authority of British Columbia (VSA) is reminding all its licensed dealers to redouble their efforts when researching the history of the vehicles they sell.
ÒAs dealers are required to know and disclose the history of the vehicles they sell, itÕs troubling that so many vehicles get retitled and sold to unsuspecting buyers,Ó said Ian Christman, registrar at VSA. ÒThis is another reason that a thorough inspection of a vehicle before purchase is vitally important.Ó

http://www.icbc.com/news/2012dec03-01

[CanmoreOrLess]

Double post. MODS please remove.

[RickDaTuner]

Brutal man, a body and engine harness replacemen can run anywhere up to 10k
Sadly adding extra grounds to help with excessive resistance in ground circuits is a warranty acceptable repair. In your case though it sounds like the excessive resistance is in the power circuits now aswell.

This will be a tough one for sure.

[CanmoreOrLess]

Contact VSA: http://www.mvsabc.com/contact-us

Canem is a member of the VSA:
VSA investigates consumer complaints and provide dispute resolution.

The VSA is an independent regulatory agency administering the provincial Motor Dealer Act and parts of the Business Practices and Consumer Protection Act

http://mdcbc.amsasp.com/PublicSearch/MotorDealerCouncilPublicSearch.asp

[revelations]

OP, i would be worried that the place you bought it from might claim it was YOU that caused the issues (water damage) as they have no record of it on file, its been a couple of months since and the vehicle passed an OOPI. :(

The onus will be on you to prove that a) dealer KNEW of problem and hid issue, b) you DID NOT drive through large amounts of water.

Does the dealer offer any kind of warranty? 90 days?


Wonder if the X5 was one of the flood damaged vehicles from the early spring floods around Sushwap.

[nytrydr89]

Originally posted by hurrdurr
First you paid $10k too much for an 05 X5 and then it's a flooded car? Harsh - Good luck man

I don't think he paid 28k for it as I remember seeing the listing in the low 20's I believe it was either 22,500 or 23,500. Either way shitty deal.

[colt22]

old

[spikerS]

Originally posted by colt22
Thanks for the responses guys. I have called the dealer and they claim to have no knowledge of flooding. The dealer did not pass the BMW through an inspection however one was done at a GM shop, in Feb/2012, where as I purchased the car Dec/2012, so anything could of happened in that time frame.

If the shop claims ignorance do I have any legal basis for recovering my costs? I have called the VSA and AMVIK and will be submitting claims.

I would advise contacting a lawyer, and waiting to hear back from VSA and AMVIIC, and then go from there.

If the dealer in BC offers to make whole again, as in, refund the cost of the vehicle, and in turn take the vehicle back, I would leave it at that.

If they refuse, I would think you have a case. Chances are that it would never get that far.

[revelations]

Originally posted by colt22
Thanks for the responses guys. I have called the dealer and they claim to have no knowledge of flooding. The dealer did not pass the BMW through an inspection however one was done at a GM shop, in Feb/2012, where as I purchased the car Dec/2012, so anything could of happened in that time frame.

If the shop claims ignorance do I have any legal basis for recovering my costs? I have called the VSA and AMVIK and will be submitting claims.

The flooding happened in May/June around that area if I recall, so if the vehicle has been sitting that time its entirely possible.

[euro_racer]

Rule of thumb: stay away from dealerships with the word "gallery" in their name

[Kramerica]

Extra grounds are something you do to a 30 year old car where all the connections are corroded. Somewhere down the line somebody most likely knew that it was flooded or at the very least it had massive electrical problems.

I hope you get them OP, but you're fighting an uphill battle. You've got to prove the dealership did this and not you. If I had to gamble I'd say going through AMVIC and arguing the electrics cleared inspection when it shouldn't of would be the best course of action. Trying to argue they knew it was flooded before hand is going to be difficult.

[shakalaka]

Originally posted by Sugarphreak


Opps, maybe I was thinking grand theft?

Agreed on running it through provincinial court though... I wonder if just filing and serving the dealership would be enough to get them to settle for something reasonable without involving a lawyer?


Doubt it...bigger companies usually have in house or on retainer counsel to deal with such issues.

I would assume that a car dealership probably has some firm on retainer.

[ercchry]

i think if you took the starting o-line on a little trip to kelowna, you might get some results

[spikerS]

Originally posted by shakalaka



Doubt it...bigger companies usually have in house or on retainer counsel to deal with such issues.

I would assume that a car dealership probably has some firm on retainer.

Yeah, dealerships by their nature alone are going to have their fair share of legal wrangling. To them, having a lawyer on staff, or a firm on retainer is just an insurance policy to them, and a cost of doing business.

[Kloubek]

Originally posted by colt22
Thanks for the responses guys. I have called the dealer and they claim to have no knowledge of flooding. The dealer did not pass the BMW through an inspection however one was done at a GM shop, in Feb/2012, where as I purchased the car Dec/2012, so anything could of happened in that time frame.

If the shop claims ignorance do I have any legal basis for recovering my costs? I have called the VSA and AMVIK and will be submitting claims.

That was going to be my first question... if you called the dealership or not before we get all hog-wild with litigation, etc.

So the claim they had no knowledge of the flooding. No surprise there. But did they outright deny any interest in resolving the issue? Really, appealing to the dealership that sold it to you is by far the quickest and easist resolution if they play ball.

[VWEvo]

Wow, sorry to hear Matt. This is not a fun situation to be going through. I would also seek the help of a lawyer and get this situation resolved quickly. Time won't be your friend in this matter. I have a feeling you have a legit case against the dealership. In this case, ignorance won't work, they can't sell you a vehicle like that. Good luck.

Volinder

[brandon]

Having lived in Kelowna for 5 years... It is my opinion that Canem is one of the worst used dealerships in the valley. I have an email chain regarding a friend who was interested in purchasing a vehicle from them...

He hadn't heard back from the salesman for two days in regards to the allocation of a vehicle... so he emailed asking if there was any update! and had a reply from the owner of Canem telling him to f*ck off and they didn't want to deal with him as he is already getting antsy and he wasn't even a customer yet.

Shady as fuck.

[Stealth22]

I'm not going to repeat what others have said, but I think it would be worth taking the car to BMW and ask them to look it over.

At least it verifies what the aftermarket shop told you, and they might be able to help track the history with the VIN.

[hurrdurr]

Originally posted by colt22

I Drove the car home after paying $27,822 in cash and returned to Calgary to complete a out-of-province inspection at Kal-Tire which it passed after a unexpected $1,400 brake job (rotors,pads). Nothing else was reported on the OOP. I used the car for the next month and a half with no issues.




Originally posted by nytrydr89


I don't think he paid 28k for it as I remember seeing the listing in the low 20's I believe it was either 22,500 or 23,500. Either way shitty deal.

O RLY

[ercchry]

$23,500+HST+BS dealer "fees"=???

[revelations]

Originally posted by ercchry
$23,500+HST+BS dealer "fees"=???

Yep, welcome to BC.

$23,500 + $3290 (14% ?) = $26790,

add some BS fees and you have the OPs price.

[Rat Fink]

.

[m10-power]

Originally posted by spikers
take it to BMW directly, rather than Alpine, as they are the experts on the car.

Lol

[Strider]

OP, do you know the entire history of the car? Is it a US car? Try running a carfax report and not carproof.

I've heard enough stories about shady dealers in BC importing flood salvaged cars from the states to keep me far far away.

[spikerS]

Originally posted by m10-power


Lol

what? I swear you have nothing better than to stalk me on Beyond. Actually kind of flattering, in a creepy stalkerish kind of way...

[m10-power]

Originally posted by spikers


what? I swear you have nothing better than to stalk me on Beyond. Actually kind of flattering, in a creepy stalkerish kind of way...

Seriously? I didn't even notice who posted that comment, but now it's kinda funnier considering.

Marc certainly is capable of figuring out the wiring is corroded, the dealer would have zero advantage, in fact I'd wager you'd be far better off at Alpine then at the dealer for this sort of issue.

Flattered? :rofl:

[Dim_Sum]

+1 on what m10-power said about alpine

[2BLUE]

Run a carfax report on the vehicle!

[JustinMCS]

Originally posted by ercchry
$23,500+HST+BS dealer "fees"=???

No, you don't have to pay HST if you are buying it to bring it back to Alberta. You only have to pay GST.

[JustinMCS]

Originally posted by revelations


Yep, welcome to BC.

$23,500 + $3290 (14% ?) = $26790,

add some BS fees and you have the OPs price.

You only pay HST if you register it in BC. If you buy a car in BC but register it in Alberta, you only pay GST.

[Redlyne_mr2]

Saw your truck at Alpine last night, Im sorry to hear about the issues.

[Tik-Tok]

Originally posted by JustinMCS


You only pay HST if you register it in BC. If you buy a car in BC but register it in Alberta, you only pay GST.

Legally speaking, if you take delivery of the vehicle in BC, you must pay HST. There used to be a PST exemption, but it dissapeared when they harmonized it.

[OU812]

Originally posted by 2BLUE
Run a carfax report on the vehicle!

werd get the full history of the vehicles registrations

[2Legit2Quit]

+juan for the carfax if it's been imported from the states, not sure if the OP has verified whether it was imported previously or not.

[ercchry]

wouldnt it be cool if matt was like... a pro athlete and a local bmw dealer worked out a mutual beneficial promotional deal to promote cars and help him become whole from this shitty deal? ;) :bigpimp: :D

[mgwatson]

Shitty deal Matt! OF COURSE this had to happen on the test drive... Good luck with the whole thing man.

[JustinMCS]

Originally posted by Tik-Tok


Legally speaking, if you take delivery of the vehicle in BC, you must pay HST. There used to be a PST exemption, but it dissapeared when they harmonized it.

If you have to pay it upfront, you can get a credit by filing it with CRA.

http://www.cra-arc.gc.ca/tx/bsnss/tpcs/gst-tps/rbts/menu-eng.html

[triplep]

Does the vehicle have a tow hitch? The car being from Kelowna and all, I wonder if someone was trying to back a boat into the lake and fucked it up and ended up going into the water with the car? It would explain why there was water damage only to the rear?

If so, I wonder if they left that part out when they traded the vehicle in/sold it and then the dealer picked it up unknowingly, since chances are the car would still drive fine after such an incident. And hence why you can't find anything on a carproof.

[OU812]

Originally posted by triplep
Does the vehicle have a tow hitch? The car being from Kelowna and all, I wonder if someone was trying to back a boat into the lake and fucked it up and ended up going into the water with the car? It would explain why there was water damage only to the rear?

If so, I wonder if they left that part out when they traded the vehicle in/sold it and then the dealer picked it up unknowingly, since chances are the car would still drive fine after such an incident. And hence why you can't find anything on a carproof.

seems possible, I always associate flooding/corrosion issues with salt water??

:dunno:

[zieg]

Someone still had to add those extra grounds though...

[colt22]

old

[revelations]

OP I would add the title of the car dealer to this thread title if you want more exposure.

[colt22]

^ good idea. Done, thanks.

[FraserB]

Originally posted by ZiG-87
Someone still had to add those extra grounds though...

Because the ground could not have been added by the PO or a private shop before going to the dealer lot.

The boat theory sounds plausible, esspecially if the repair work as isolated to the rear of the vehicle.

GL OP, you have an uphill battle on your hands.

[zieg]

^ yeah, I just meant someone. Someone knew about the problem in the past, no way to know who though.

[JustinMCS]

Seems to be an issue with used car dealerships with the word "Gallery" in their name.

Just saying.

[7thgenvic]

Probably the same sleazeball owners. Seems like something ""Gallery of Fine Cars"" would pull as well.

[Cody D]

Parking across the street from the dealership with a huge sign that says that they sold you a water damaged vehicle seems to work for a lot of people.

I believe it worked against a local dealership with a lemon Challenger.

[roll_over]

OP I think we went to high school together

I know:whocares:

Good luck.

[ercchry]

Originally posted by roll_over
OP I think we went to high school together

I know:whocares:

Good luck.

you went to o'byrne too?

[roll_over]

Originally posted by ercchry


you went to o'byrne too?

yes sir i did, class of 007 you too

[ercchry]

weird... 06, one year older than you and matt i guess

[colt22]

old

[CanmoreOrLess]

OP post a dealer review here: https://plus.google.com/103000737556893863680/about?hl=en

[ercchry]

Originally posted by colt22


Small world! Good old O'byrne. I am very glad I am not my highschool self anymore to say the least.

you were soooo dreamy though Matt :love:

[403Gemini]

Originally posted by ercchry


you were soooo dreamy though Matt :love:

The fuck just happened to this thread... :rofl:

[JfuckinC]

Originally posted by 403Gemini


The fuck just happened to this thread... :rofl:

Catholic School

[ercchry]

..played football together :rofl:

[Disoblige]

Originally posted by ercchry


you were soooo dreamy though Matt :love:
.. played around in the locker room is more like it.

:rofl:

[Mibz]

http://famewatcher.com/wp-content/uploads/2009/08/american-football-so-gay.jpg

[ercchry]

psh, you guys alllways have to take it there :rofl:

but no... matt was the biggest pretty boy ever. i think he even styled his hair so it would look good when he took off his helmet... but whatever works i guess... since he does play for the stamps now :eek:

[D. Dub]

Originally posted by Cody D
Parking across the street from the dealership with a huge sign that says that they sold you a water damaged vehicle seems to work for a lot of people.

I believe it worked against a local dealership with a lemon Challenger.


:thumbsup: Threaten to do this and contact print, TV and online media outlets if you do.

[bourge73]

Ah now I know who this is. I worked with your old man everyday @ CP. Crappy to hear about this. Hopefully Canem Auto Gallery does the right thing, and steps up to the plate to correct this.

[JRSC00LUDE]

Whatever is going on with this particular situation aside, the fact that all their Google reviews basically read like paid advertisements written by staff doesn't say much for their credibility in my opinion.

I can't believe places don't think people see right through that shit.

[colt22]

updated.

[FraserB]

Glad it all worked out and hopefully that tech at Alpine gets his ass reamed for screwing up so badly.

Might also want to edit the title again.;)

[JustinMCS]

What a frustrating experience. Hopefully you didn't get too stressed over it.

[blitz]

Love the thread title change.

[JRSC00LUDE]

I'm glad to hear all that, it reclaims their image.

I still stand by my Google review opinion though haha!

Regardless, there's no reason to speak poorly of them and that's what speaks in the end.

:thumbsup:

[revelations]

Wonder how much BEYOND had to do with the sudden change of heart on the dealers part :rofl:

[tomt64]

Originally posted by colt22


The mechanics at Nurburgring Auto explained why there was silt/sand and why some components had corrosion and rust on them. It was a combination of the spare tire being wet and the electrical components being right beside the ventilation duct in the rear (explains the silt/sand). The incorrectly installed harness exposed the wires to this normal condensation/debris which shorted out the electrical and caused the problems.
In fact, the mechanics at Nurburgring then went on to state this X5 was the 'most beautiful ones' they have seen come in and the one guy said 'he would love to own it himself 'due to its superior condition. Says a little bit about what I was sold from Canem Auto Gallery and confirms what I believed about the condition of the vehicle when I purchased it .

UPDATE 1: (Feb25) Canem has gotten in touch with me and is requesting a 2nd opinion from Nurburgring LTD so the X5 is being moved to that shop.

Why did Canem tell you to get a 2nd opinion from that specific shop and not a dealership? Seems weird to me.

Silt/sand cannot get into modern car electrical plugs by just brushing/blowing/sitting by it. They are incredibly tight fit connections. There are lots of electrical connectors in engine bays and this kind of stuff never happens from just regular driving.
Was anything rusty inside the car? Just curious.

Lastly you seem to be only listening to what you want to hear, Im sure you are ready to throw it back on the market and let it be someone elses problem once sold. Sorry this is probably not what you want to hear but something doesnt seem right to me.
Either way, best of luck with the sale of the car!

[Rat Fink]

.

[spikerS]

Originally posted by tomt64


Why did Canem tell you to get a 2nd opinion from that specific shop and not a dealership? Seems weird to me.

Silt/sand cannot get into modern car electrical plugs by just brushing/blowing/sitting by it. They are incredibly tight fit connections. There are lots of electrical connectors in engine bays and this kind of stuff never happens from just regular driving.
Was anything rusty inside the car? Just curious.

Lastly you seem to be only listening to what you want to hear, Im sure you are ready to throw it back on the market and let it be someone elses problem once sold. Sorry this is probably not what you want to hear but something doesnt seem right to me.
Either way, best of luck with the sale of the car!

Funny, I told Baygirl the same thing, and she told me not to post it and stir up more shit.

I personally smell something fishy, and it is not sitting right with me. I am suspecting some back room deal struck between the OP and the dealer. /suspicion.

[colt22]

old

[blitz]

Originally posted by spikers


Funny, I told Baygirl the same thing, and she told me not to post it and stir up more shit.

I personally smell something fishy, and it is not sitting right with me. I am suspecting some back room deal struck between the OP and the dealer. /suspicion.

Or a backroom deal between Canem and Nurburgring LTD...

[spikerS]

^^I thought that was implied...I still would be interested to hear about it from BMW directly.

[blitz]

^^I mean a deal to fool the OP, not that the OP is in on it.

[Sugarphreak]

...

[Paul]

Originally posted by spikers


I personally smell something fishy, and it is not sitting right with me.

Funny, thought you were talking about Baygirl there...

Reading > Me

[Mibz]

Alright, I'm not changing the title again unless something significant happens :P