German man has been suing BMW over delivery of a faulty car for 44 years

Kinja'd!!! "Klaus Schmoll" (klausschmoll)
04/02/2019 at 13:20 • Filed to: None

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This is Heinrich Sandkamp with the E12 520 he bought in 1973 for his rental service. One of his employees signed off on the delivery and registered it to put it into rotation, but not long after that another employee found something he thought the bossman probably wouldn’t be pleased about. Paint overspray on the windows, orange peel and runners all over the driver’s side of the car.

It was clear that something must have happened to it while it sat at the dealership for 9 days before delivery.

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The dealership contacted a BMW service rep and this is where it gets shady. Some say they offered to a) respray the car or b) a discount or c) return of the car. Sandkamp wanted to return it, and expected that to be a done deal.

According to him BMW backed out not willing to admit any guilt. So the case ended up in court where a game of he said/she said has been going on for 44 years. (If you can do basic maths, the court battle started two years after delivery of the car. Odd!)

A lawyer told him to drive the vehicle as little as possibleand to keep it in good condition as to be able to hand it back. So he now owns a pristine E12 with less than 2000 kms on it. Congrats!?!

Source:

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DISCUSSION (13)


Kinja'd!!! If only EssExTee could be so grossly incandescent > Klaus Schmoll
04/02/2019 at 13:42

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How much money does one need to make in order to have a lawyer on retainer for four decades?


Kinja'd!!! Cash Rewards > Klaus Schmoll
04/02/2019 at 13:43

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One owner, clean car fax!


Kinja'd!!! Klaus Schmoll > If only EssExTee could be so grossly incandescent
04/02/2019 at 13:45

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As a business owner, he probably has an insurance that covers legal fees.


Kinja'd!!! DipodomysDeserti > Klaus Schmoll
04/02/2019 at 13:49

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Out of all the brands I’ve ever owned, BMW is the only one where the manufacturer has always been a much bigger asshole than the dealer.


Kinja'd!!! CarsofFortLangley - Oppo Forever > Klaus Schmoll
04/02/2019 at 13:49

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Why would insurance cover fees for an offensive suit? Also, worksmanship/warranty issues is not a claim


Kinja'd!!! Klaus Schmoll > CarsofFortLangley - Oppo Forever
04/02/2019 at 13:54

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“Rechtsschutzversicherung” is a thing in Germany and would cover such a scenario. 


Kinja'd!!! Ash78, voting early and often > Klaus Schmoll
04/02/2019 at 13:55

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According to him BMW backed out not willing to admit any guilt. So the case ended up in court where a game of he said/she said has been going on for 44 years.

Wow. And to think West Germany almost passed the elimination of the statute of limitations on Nazi war crimes in 1979. BUT DON’T MESS WITH THE CARS!

/sorry, Klaus, I just finished reading a book about Mengele and Eichmann


Kinja'd!!! promoted by the color red > Klaus Schmoll
04/02/2019 at 14:09

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“...low miles I KNOW WHAT I HAVE.” 


Kinja'd!!! RPM esq. > CarsofFortLangley - Oppo Forever
04/02/2019 at 14:16

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He’s a business owner suing to recover losses associated with a supplier providing a defective product . That’s an insurable risk in a lot of countries. If the alternative is the insurer eating the loss, the suit may have been the insurer’s idea in the first place (probably not anticipating that it would take 44 years, to be fair).


Kinja'd!!! average user > Klaus Schmoll
04/02/2019 at 14:22

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At this point BMW might as well offer to restore it. 


Kinja'd!!! Klaus Schmoll > average user
04/02/2019 at 14:30

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Why restore it? It pretty much perfect as is.


Kinja'd!!! ranwhenparked > Klaus Schmoll
04/02/2019 at 21:51

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I’m guessing he didn’t have a local TV news consumer investigator to take his case. Nydia Han and the Action News Troubleshooters would have fixed this in no time, 2 years tops. 


Kinja'd!!! pip bip - choose Corrour > Klaus Schmoll
04/03/2019 at 04:16

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he could sell it and make money on it