SG: Buyer’s case against Performance Motors dismissed
A high court judge has dismissed a customer’s claim that his BMW 550i was of an unsatisfactory condition. The customer in question is a regional sale manager by the name of Mr Chan Chee Kien. He bought a BMW 550i in 2010 from Performance Motors for S$378,100, and the car had to be returned to the dealer 12 times in 14 months, with the earliest faults occurring just 2 months after delivery. As it turns out, Chan’s Ultimate Driving Machine is anything but; the car spent roughly 11 months in the workshop, so much so that he no longer wanted the car. He then sued Performance Motors for misrepresentation and breach of contract. Apparently, the car was riddled with up to 30 separate defects, even though 18 of them were not detectable or reproducible, and may just be simple issues which could be solved through maintenance. This led Justice Chan Seng Onn to believe that Chan’s claims were overly exaggerated, especially after he found it extremely difficult to pick out major faults in the car when it was taken for a test drive.
Whilst he did manage to find 12 faults with the vehicle, he also found out that they have already been fixed by Performance Motors. It is also worth noting that Mr Chan expected an absolutely silent vehicle, and Performance Motors had made no mention or marketed the vehicle as such.
Also, in the 354 days the car had spent in the workshop between October 2010 and January 2012, only about ¼ of the time was actually spent finding and fixing issues. Mr Chan failed to collect the car till January 2012, which lead to the judge allowing Performance Motors to claim S$4,700 from Mr Chan.
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