X5 M Engine Fault Reduced Power Warning

[E53is]

nice, lets hope the new trucks work. (mine took 2 weeks to build)

[jasonrhcastle]

Well, spoke with the dealer last week, and apparently one turbo failed a "spin" test. I find this interesting, considering the turbos were taken off and inspected at the first visit over 6 weeks ago. They are saying "this should be the fix it needs", which is verbatim. I am so put off over this whole thing. I just want my damn car back. I have paid two lease payments, and have driven the car all of 4 days since this began in the first of September. I don't know what to do. I have called BMW several weeks ago, and was basically told to piss off. I am now at least a week out from getting the car back, not to mention they are saying they are going to be driving the car 400-500 miles before I get it back.

I don't trust this vehicle anymore. I want it replaced. I don't know how else to put it. What should I do? Any suggestions? I have not involved my attorney, nor do I necessarily want to, as it will cost me even more money. I am open to any and all suggestions.

[motordavid]

Here's a start...OH Lemon Law(s)

Ohio lemon law statute. Ohio's language of the lemon law

Ohio Lemon Law Consumer Guide

Good Luck with your car/case...I would be pissed, too.
BR, mD

[jasonrhcastle]

Just spoke with BMWNA. Nice chap helped me out. I basically have straight out asked for a replacement. They are researching the matter. They state to hopefully hear something back in the next 2-3 days.

[paqs]

It looks like it would be a lemon if they have had 3 attempts to fix it or it has been out of service for 30 calendar days.

We have no lemon law here, our consumer protection is far more ambiguous but I gave the garage a written rejection of my car and requested a written reply within 14 days. During this period we did have a number of discussions and in the end I asked the dealer principal to fight my case with BMW UK and insist on a replacement car, he did this for me and we have a brand new car on order and the garage have kept my old one.

I did take legal advice from my solicitor but I had legal cover with my household insurance policy so it didn't cost me anything, not sure if you folks in the US have anything similar?

Good luck and don't back down!

[paqs]

Originally Posted by jasonrhcastle

Just spoke with BMWNA. Nice chap helped me out. I basically have straight out asked for a replacement. They are researching the matter. They state to hopefully hear something back in the next 2-3 days.

Over here the contract is with the garage and not BMW, I don't know if it is different in the US but don't you need to get the dealer to replace it?

I would also put your case forward in writing rather than phone calls.

[jasonrhcastle]

I am going to have a letter written from my attorney to BMW within the week.

The responsibility lies with BMWNA as they are the issuers of the original warranty.

[paqs]

Originally Posted by jasonrhcastle

I am going to have a letter written from my attorney to BMW within the week.

The responsibility lies with BMWNA as they are the issuers of the original warranty.

Here the warranty also lies with BMW UK but the supply of faulty goods lies with the retailer (garage), if you want it replacing as they sold you a defective car isn't that the responsibility of the garage? The garage then sorts it out with BMW?

[jasonrhcastle]

Well, I don't know if it is that clear cut. Short answer is that BMWNA ultimately decides to allow the buy back. So, I have taken the matter up with them directly. My dealer has also stated that if this fix doesn't resolve the issue, they would "personally" take it up with BMWNA to get a new vehicle. But, I don't want to wait 2-3 weeks to get the vehicle back, then only to have to return it yet again. I think this is most likely given that we don't have a clear cut reason for problem as of yet.

If that happens, it is another 4-5 weeks to likely get my replacement. So, I am looking at 6-8 weeks more. I just don't trust the vehicle. Period. Don't want to mess with it anymore.

[paqs]

Originally Posted by jasonrhcastle

Well, I don't know if it is that clear cut. Short answer is that BMWNA ultimately decides to allow the buy back. So, I have taken the matter up with them directly. My dealer has also stated that if this fix doesn't resolve the issue, they would "personally" take it up with BMWNA to get a new vehicle. But, I don't want to wait 2-3 weeks to get the vehicle back, then only to have to return it yet again. I think this is most likely given that we don't have a clear cut reason for problem as of yet.

If that happens, it is another 4-5 weeks to likely get my replacement. So, I am looking at 6-8 weeks more. I just don't trust the vehicle. Period. Don't want to mess with it anymore.

So it sounds like the dealer will expect you to take the car back if they fix it this time, if you don't want that I think you should tell them straight now and in writing, might be worth getting legal advice first though but I wouldn't want it back.

Once mine had been given back 3 times as fixed when it wasn't that was it, there was no way I was going to accept that car and would have taken it through a court if I had to.

BMW needs to start looking after its customers a bit better and in good time or it won't have so many customers.