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BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Stuart Waue

Hello all.

Hoping somebody might have an idea as consumer rights helplines are closed for the weekend.

On 20th July I bought a 2006 BMW 318i with 85k for £2650 from a used car dealer. At the time of purchase he wrote 6 month warranty at the top of the invoice & gave me documents for a 6 month warranty from WMS. Due to the age of the car it only gives a 3 star warranty which doesn't appear to cover a massive amount, but figured it gave me a bit of piece of mind.

I know older cars have their issues, but it's almost like the car is trying hard to annoy me. 1st day after purchase a rear tyre went flat. Pumped it up & got Kwik Fit to check for a puncture & was advised that the tyre is fine, but that it's losing air due to how corroded the wheel is around the inner rim & around the valve. They said that the wheels need a proper refurbishment to solve the problem (they are visibly tatty & corroded on the face) & even suggested that if it had only just been bought, the dealer should be responsible for doing it.. Have since found that it only seems to need pumping up once a week & figured I'd be on shaky ground chasing a refurb for that small a leak.

As it had no evidence of a service since 2017 I got one done as I'd also noticed an oily smell at idle & on parking up (apparently common on 4 cylinder BMWs due to cam cover leaks) & wanted the car checked over to make sure there weren't any major problems within 30 days of purchase. Had to replace a coil pack as 3 were OEM & 1 was cheap tat that threw a wobbly when a new spark plug was fitted. As it was relatively small, I thought little of it.

I've now found that the car is leaving 2 stains in my parking space - 1 at the front which is probably the oil leak & another at the rear in front of the rear wheel near the fuel flap. Have noticed an occasional fuel smell from the rear, but it wasn't always apparent. Had a look under the car & there is a visible patch on the underside in the same place. A quick Google on E90 fuel leaks suggest that a breather pipe which chafes on bodywork could be the culprit & would also explain the non-constant nature of the leak as it probably occurs when I fill the car up (twice since I bought it & only to the pump click). If it is this, the cost to fix is over £400 as it's labour intensive. Also, this doesn't appear to be covered in the 3 star warranty.

Am now losing a bit of faith in the car as it's starting to give the impression of being a potential money pit. I know maintenance is to be expected on older cars, but already spent £200 on the service + coil pack & not overly keen on spending £600+ fixing knackered wheels & fuel leaks?

Where do I stand with regards to consumer rights with this issue (& maybe the others)? Do I chase the dealer or is the level of cover the WMS warranty provides all that the dealer would be liable for anyway? Would like candid & genuine advice on what I should be doing with this car as there are things I like about it, but it's doing it's best to make me hate it.

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Avant

"Do I chase the dealer or is the level of cover the WMS warranty provides all that the dealer would be liable for anyway?"

I'm afraid you've answered your own question. WMS isn't one I've heard of, but all these companies will try to dismiss any claim as wear and tear - and on a 13-year-old BMW they will be likely to succeed.

You're finding out the hard way that BMWs don't last any better than other makes, unless they have had a regular service, preferably every year. Sorry not to be more encouraging, but I think all you can do is approach the dealer and see if they will cover or contribute to any items not specfically excluded from the warranty. But don't be hopeful, as your particular problems do sound like wear and tear, typical of an old car..

Then best to flog it privately and go for something that is cheaper to repair and with a service history.

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - SLO76
As you’re discovering, cheap older BMW’s do not a wise budget buy make. The warranty will be worthless and while legally you do have the right to expect some recompense from the dealer for actual failures (not just wear on an older car) it’s very likely he’ll be very skilled in avoiding his responsibilities if he typically flogs older high risk prestige metal like this.

I’d learn the lesson and sell it for whatever you can get for it and buy a good simple petrol engined family hatch instead such as a Mazda 3, Ford Focus 1.6, Toyota Auris or Honda Civic. Your hand will never be out of your pocket with an old BMW and you’ve just experienced the tip of the iceberg I’m afraid.

Edited by SLO76 on 31/08/2019 at 07:05

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Palcouk
You purchases a 'prestige car' 13 years old, standard servicing and parts will cost about the same as for a new model.
Your faults are ware & tear items which are not covered by any warranty. In particular any warranty does not cover pre-exising faults
BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - pd

I'm guessing this is the N46 engine. They are known for spewing oil from multiple places. Camcover, vacuum pump, sump plus are very prone to air leaks leading to poor running.

Just par for the course I'm afraid. Any £2650 Beemer will need maintenance and it will be on going. Part of the deal.

Doesn't mean it is a bad car, just means it is part of the ownership experience and to be frank you either have to accept that or try something different.

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Stuart Waue

Thanks to all for the input. Have spent a couple of days now trying to sort the problem out waiting for confirmation of what needs doing & garage estimates so here's an update.

Leak is confirmed to be a breather pipe & it's a 5-6hr job costing between £350 & £480. WMS doesn't cover this either. Contacted the dealer who has requested that I take the £350 cheapest quote & post the invoice & they will make a "contribution" (told me 50% when I asked how much contribution). As this is more than I can afford to pay out at the moment so soon after clearing out savings to buy, tax, insure & subsequently service & get wheel alignment done, I decided to check that I would be right to accept this before using a credit card (& hope the "contribution" comes before the credit card bill.

Called Citizens Advice & they've given me one hell of an eye-opener. According to them, I shouldn't be paying to get anything fixed in the 1st 6 months of ownership. Even when I asked about the age of the car & whether wear & tear would be a factor, they said that if the car was new to me I should have at least 6 months worry free & should only pay for things that I damage myself. The burden of proof is on the dealer to ensure that any faults found on the car weren't present at the time of sale & are the result of damage or abuse caused by myself.

Step one is that they should either fix or arrange to fix any faults (which could also include the oil leak, leaking alloy wheel & even the coil pack which I had to replace) at no cost or inconvenience to me & in a reasonable time.

Step two could potentially be a discount where I may keep the car with the faults or that I could return the car for a 100% refund. Step three is court proceedings.

With all that in mind I'm astonished that anybody would even want to get involved with selling cars of this age & value as a business as it sounds to me like a losing battle considering most people probably chop their old car in as a px because they know something's either broke or about to break.

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Brit_in_Germany

I think people here would question the assumption of the CAB that you are entitled to a fault free vehicle. As far as I understand it, the vehicle is still working and therefore usable, if not in perfect condition. When you buy a thirteen year old car, you do not have a right to one in the same condition as it was when it left the factory.

Edited by Brit_in_Germany on 03/09/2019 at 17:20

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Stuart Waue

I questioned that a couple of times - first when they stated that anything that goes wrong should be fixed I pointed out that it was 13 years old & they stated that it was irrelevant & that the dealer should make sure it is ok when handed over (which I would assume is why many would get a pdi or check over by a mechanic) & again when I questioned whether wear & tear was a factor.

With faults fixed it still wouldn't be in factory condition due to bodywork damage, worn parts (that hadn't failed yet e.g. a clutch that may wear out in 20k as opposed to one with 100k left on it) & general age related wear (seats maybe worn, leather on steering wheel etc).

I'd like to think they've had experience with similar examples & if previously proved wrong would have changed their advice accordingly.

Apparently there have been a couple of used car cases appear on Judge Tinder recently & the consumer has been the winner at the end.

Don't get me wrong, I understand that a dealer has to make money, but they have a margin to accommodate any required repairs as well as their overheads & if they make £500-1000 on each car & have to spend out on 1 in 10, surely that's the gamble they take in their business. I don't believe they've maliciously sold a dodgy motor. I genuinely think that they were under the impression that paying out for a 3rd party warranty covered their liabilities & it appears from the difference between what that warranty covers & what the dealer is apparently obligated to cover that maybe that money would be better spent getting their stock checked over prior to hand over.

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Bromptonaut

I think people here would question the assumption of the CAB that you are entitled to a fault free vehicle. As far as I understand it, the vehicle is still working and therefore usable, if not in perfect condition. When you buy a thirteen year old car, you do not have a right to one in the same condition as it was when it left the factory.

Can the OP tell us if he spoke to the CA Consumer line on 0345 04 05 06 or to his local CA?

I'm surprised the advice regarding a car of this age was not more nuanced around age/legitimate expectation etc.

Go to the Citizens Advice website and the introductory page specifically says you won't be entitled to repair/money back in a number of circumstances including a fault that is normal for how much the car has been used. While the example quoted is brake pads I would expect that to extend to other common issues with older cars including oil drips. You might try and argue that leaking fuel, if it's petrol, is a fire risk and car is not fit for purpose. Even then I think you'd be on a sticky wicket in front of a small claims judge.

Bottom line is it's 13years old.

Edited by Bromptonaut on 04/09/2019 at 09:33

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Stuart Waue

Can the OP tell us if he spoke to the CA Consumer line on 0345 04 05 06 or to his local CA?

It was the consumer line with the 0345 number. I thought all the local Citizens Advice were gone as we haven't had one for years now.

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Stuart Waue

Just checked the website. Their example of brake pads may be to suggest that serviceable parts may not be covered. I would agree that a slight oil leak may be negligible, but a fuel leak wouldn't be due to the safety risk. Maybe if it was leaking from a filter it could be argued, but not from a pipe which isn't a serviceable part.

Going to contact them again to update them on what happened & also to see if the advice from a different advisor matches what I was told yesterday.

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - SLO76
The problem here isn’t whether the dealer is legally obligated to repair a fuel leak on such an old car or not. He is, had you bought it from me I wouldn’t have hesitated or I’d’ve refunded you and traded the vehicle but then I would never have flogged an old BMW in the first place nor would I have recommended one to someone on such a tight budget. What are you going to do when the next big failure happens if you haven’t more than a few hundred quid in reserve?

You can politely explain what you’ve been advised to the dealer to see if he’d rather back down than fight but as I said earlier any dealer who sells unreliable older prestige stock like this will be well versed in getting out of any obligation. It’ll be running as a very marginal limited firm with the stock and any assets owned by another business or it’ll simply cease trading and reopen the next day under a new name and any court judgement will be dodged.

I’d try appealing to him nicely but firmly that you intend on pursuing this for full repair costs or a refund. By all means ask trading standards to build a case and take action but I wouldn’t fund a legal case yourself as it’s very likely you’ll be further out of pocket.

Don’t get overconfident by the fact that the law is (marginally) on your side, guys like this know every trick in the book and to be fair they need to in order to make a profit from stock like this. Remember, if you see a garage forecourt full of older prestige stock like this then walk away. You no doubt notice the LTD on every sign and every headed piece of paper stressing the reduced liability they have and a quick search on companies house website will normally reveal next to no assets from which to claim against.

Best of luck and for all the cost this is the dealer would be wise just to repair it refund, it’ll cost him more money to change his signage and stationary but often they play the hard game. If you can then get shot of it and buy a car more in keeping with your budget. As I said before keep it simple. Stick with something Japanese like a Civic or a Corolla until you can afford a premium brand.
BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - pd

If what CA said was right every manufacturer may a well offer a comprehensive 6 year warranty. They don't.

Any good only has to be "to the standard a reasonable person would expect". The problem is finding the mythical reasonable person and asking them!

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Stuart Waue

Got a phone call on Thursday asking if I could drop the car down to the dealer before Monday night as it's booked in to be fixed Tues. Bit of a faff to drop off as he's 30 miles away, but don't want to drag things out by digging heels in & getting them to collect. As CA advised me, be more than reasonable as it looks better if things go further.

Also, I'm a bit happier giving him the responsibility of fixing it. From what I've read up.on the job, there's a lot to be dismantled under the car where it's had 13 years of crap accumulated. Great possibility of several seized or broken bolts, maybe a couple of suspension bushes to crumble on removal. If any of that happens while up here getting fixed it's all my problem. If it does I can't see him calling me to pay for it, or getting the garage to bodge it back together as if he's decided to fix it, I doubt he'll want to be hearing back from me afterwards about a propshaft falling out or a new noise coming from the back end suspension. Also, if they find anything catastrophic when it's there (although they shouldn't as it seems to be ok on all other fronts), he can make the decision whether to fix it or keep the car & trade it

There's even the added bonus that he'll see for himself that it hasn't been abused as it's cleaner now than it was when I picked it up thanks to my OCD cleaning.

Fingers crossed for now.

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Engineer Andy

I think people here would question the assumption of the CAB that you are entitled to a fault free vehicle. As far as I understand it, the vehicle is still working and therefore usable, if not in perfect condition. When you buy a thirteen year old car, you do not have a right to one in the same condition as it was when it left the factory.

Can the OP tell us if he spoke to the CA Consumer line on 0345 04 05 06 or to his local CA?

I'm surprised the advice regarding a car of this age was not more nuanced around age/legitimate expectation etc.

Go to the Citizens Advice website and the introductory page specifically says you won't be entitled to repair/money back in a number of circumstances including a fault that is normal for how much the car has been used. While the example quoted is brake pads I would expect that to extend to other common issues with older cars including oil drips. You might try and argue that leaking fuel, if it's petrol, is a fire risk and car is not fit for purpose. Even then I think you'd be on a sticky wicket in front of a small claims judge.

Bottom line is it's 13years old.

I suppose that one of the defining things here would be to ask whether a) certain parts on a car that don't require maintenance, such as the fuel tank should be designed to last the lifespan of the vehicle, and b) what IS the defined lifespan of the vehicle?

That second question would be hard to answer, as it would depend upon what anyone defines as 'the vehicle' - everything, the structural elements, that plus the engine block, and part of the car that is never part of a service schedule? Given that the longest warranty on a car is now 7 years and some have longer anti-perforation warranties, that might be a starting point, but they don't cover everything.

HJ regularly mentions cars being designed for a 'economic life' of 7 years, I regularly read about the EU and Aussie laws about products being of 'saleable quality' for up to 6 years (i.e. free of manufacturing defects), but over 10, and especially 13?

To me, that's more than pushing things, though I agree that the car should not experience any major (expensive) failures within 6 months of the purchase, or at least the seller should be in a position to tell the prosepective buyer of any major concerns over components that could fail and that would refelect a far lower price paid.

I suppose this is why having such an older car inspected by a trusted independent professional mechanic can be worthwhile, especially for cars that originally cost a lot of money or are 'classic' and thus parts/maintenance work are expensive.

I wholeheardely agree with those who've said that taking on an old 'premium/sports' make/model of car on a tight budget is a very risky move, especially when there's little in the way of budget for replacing worn/failed parts. Unfortunately, 'premium' often does not equal 'highest engineering quality'. Such cars need a good deal of (OEM) TLC, which doesn't come cheap. One of the first things I read up on a car that I like is the HJ Good & Bad section, because it shows what could be coming my way down the road if I bought one, even if it was well maintained.

No harm in the OP trying to get some recompence (especially if the fuel leak from the tank is significant) from the selling dealer/warranty supplier, but in the end they may have to bite the bullet and accept they aren't going to win (at least to get more than a partial contribution to the repair costs) on this one and chalk it up to experience.

BMW 318i 2006 - Fuel Leak on Used Car - What Do I Do? - Gibbo_Wirral

I suppose that one of the defining things here would be to ask whether a) certain parts on a car that don't require maintenance, such as the fuel tank should be designed to last the lifespan of the vehicle, and b) what IS the defined lifespan of the vehicle?

10 years or 100,000 miles?