Where do I stand ??? (long)

I recently purchased an E46 Touring. The car has surpassed my expectations. I had it delivered to my house by the dealer. It was filthy when it arrived as it had sat on the back of a transporter from Scotland. I signed the delivery note and the transporter driver disappeared.

Only after did I notice that there was paint damage to the roof rails and a small scratch on the roof, which was not apparent until I washed the car, 4 days later.

I had informed the dealer of the roof rail damage and then made another phone call when I discovered the roof scratch.

I had noticed when the car was on the transporter that the roof/rails were quite close to the upper level of the transporter. However, you assume these people now how to load cars and I left the chap to unload the car as it was pouring with rain.

Now I realise I made a rookie error in not making a thorough exam of  the car before the delivery driver left but he was in a hurry and didn't want to hang around. Even if I had, I doubt I would have spottted the roof scratch as this was not evident until I washed the car.

The upshot of all this is that the dealer has washed their hands of it as have the transport company. The repairs are minor to say the least and I will sort them myself but I am very dissapointed, basically they are intimating that I damaged the car and am trying to pull a fast one.

I am pretty sure that the delivery note is not a legally binding indication that you have examined the car unless you are given sufficient time to do so.

Anyone got any wisdom on the situation. I am certainly going to persue this through the dealer, BMW GB and my Solicitor.

Presume you've contacted a solicitor by now.  Anyway, I would add for what it's worth, that the signing of the delivery note is in my view, exactly that.  It cannot possibly be legally binding against you in checking out the vehicle in every way.

For example, it doesn't invalidate your warranty does it?  If there is an engine problem BMW GB should be responsible and ensure that a dealer is authorised to remedy the defect.  Now, juts because the engine defect is harder to spot at first than the paint damage isn't critical here in my view.

If I bought a t-shirt from the shop, and later discovered it had a bad pull in it, then whilst caveat emptor (literally - buyer beware) does to some extent apply, I would expect them to replace it without a question.

Now the dealer has no evidence to suggest that you have damaged the car and you reported it to them within only 4 days.  You only recognised the defect upon close inspection whilst washing the car, so you certainly cannot be expected to have spotted the defect upon delivery.

You paid for a brand new car and you are entitled to a brand new car, free of defect.  Any good solicitor knows this - I do.  So what I am saying is that you do have a reasonable claim against BMW and they in turn may have a claim against the supplier.  Your claim would be best to remain in contract against BMW as opposed to a tort claim against the supplier - in which case the relationship between them and you is less clear and a District Judge may be less sympathetic to you than he would is the claim was brought by you against BMW GB.

So, solicitor will have told you that you do have a claim here.  They will then have advised you that they can write to BMW GB on your behalf requiring their agreement to remedy the defect, failing which legal action WILL follow.  The solicitor would take your further instructions as a consequence of the response from BMW GB.  Am I on the right lines here ;-)