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Hi, I have just purchased a BMW 318ci 2004 with automatic transmission. When first driving the car in the morning or after work when it has been sitting idle all day, the car does not move forward in Drive. It will eventually move forward after a delay. I have found on the internet similar issues for this type of car stating that the transmission fluid in the system drains over time and needs to build back up to engage drive. Reversing out of my driveway is not a problem but then I am stuck in the middle of the road waiting for drive to engage; very dangerous.
We took delivery of the car just last weekend from a large car dealership. An AA pre-purchase inspection was done but would not have picked up the fault unless the car had not been driven for some time.
Do you think this is a fault that the car dealer should fix?
Regards.

Yes, this is absolutely something that the dealer should fix. This is assuming you didn't buy the car by auction or in a company name (as that will void the Consumer Guarantees Act).
If it is fine when warm, but playing up when it is cold, it may be that the transmission oil level may be low. There is no dipstick to check this, it has to be checked using diagnostic equipment.
You should contact the dealer straight away, as continuing to use the car under these circumstances could potentially cause damage.

Hi and thanks for your response. We took the car back to the dealer and they sent it to their transmission expert. We rang them the next day and were told that no faults were found by the diagnostics machine. We explained again that the fault only occurred if the car was left for a period of time so they said they would keep the car and check it again in the morning.

Had to ring them the next day to find out what was happening. Actually had to ring 3 times to get someone who knew what was going on. Eventually were told that there was a fault and that the dealer manager had to decide if the repair could be made as the transmission needs to be rebuilt with replacement seals. Manager rang us on Saturday and apologised for the problem and said he wanted us to have a working car so would approve the repair. I asked how long the repair would take and if parts were easily available? He would ring us back on Monday to confirm how long we would be without the car.

Come Monday and Autosure insurance ring us up asking if they could put through a calm for the repair? ( we had taken out mechanical insurance through the dealer when purchasing the car). We expressed our surprise that the repair would be calmed on our insurance and that the car was faulty when purchased. Was also surprised when Autosure advised the $300 excess was our responsibility. We rang the dealer again and asked what was going on? They advised that they would pay the excess, car would be ready for a week and they would ring back tomorrow with an update. They seemed surprised that Autosure contacted us.

Had to ring the dealer again today as they didn’t ring back . He advised that he was having problems with the insurance company (assuming because of being a pre-existing fault) and that the car wouldn’t now be fixed until Friday next week at the earliest.

The whole experience has been disappointing, have had the car for only 3 days since the 20th April and don’t expect to see it for another week at least. The excitement of owning a BMW has long passed. Have had to chase up the dealer constantly to find out what’s going on.

Was wondering if we are entitled to just ask for our money back? And would the dealer be required to also refund the mechanical insurance? The whole situation has been compounded with the dealer not getting in contact with us after promising to do so.
Cheers.

You've raised a few questions here. Firstly, under the CGA, the dealer's obligation is to provide a remedy. As long as the dealer is ensuring you are not out of pocket, he is probably fulfilling his obligation.
Regarding the warranty, as the warranty company have contacted you and are prepared to accept the claim, it would appear that this is a Day 1 warranty, so no stand down period.
As for rejecting the vehicle, although this is a fairly significant failure, you wouldn't have a strong case for rejecting the vehicle as the dealer is fulfilling his obligation under the CGA (ie: providing a remedy).
However, in the event you did go down that track and were successful in winning a rejection claim against the dealer, you would claim for all out of pocket expenses, including the cost of the warranty.
(PS; There's no excuse for the dealer's lack of communication and failing to call you back when agreed, but as the car is in the process of being repaired, this is probably more a case of lack of courtessy on his part rather than fulfilling any legal obligation).