X5 M Engine Fault Reduced Power Warning

[Rez]

Tell me this is a leased vehicle and they are going to credit you the miles put on the car at the very least. It makes me mad thinking about this and it is not my car, god knows what I would do if it was mine. Honestly I would not have taken the car back, what kind of confidence do you really have in your 100k car??!!

[jasonrhcastle]

I have not been offered any credit for miles or payments. I had the car in the shop for over 8 weeks. Had the car in my possession only 6 days that entire time.

I haven't made a stink about the miles nor a credit as I want the buyback. I am hoping BMW do the right thing here. I have been a loyal customer, plan on remaining a loyal customer. However, if they do not take the vehicle back, I am perfectly content with the possibility of spending my money elsewhere.

I love this vehicle, and despite the problems, would like to continue to drive a X5M. Just don't want this one.

Thanks for the words of encouragement guys!

J

[E53is]

just hang in there it takes time. they took care of me.

[jasonrhcastle]

Well, here's an update...

Got a call from Service Manager today. Said he had been in contact with the "Regional Rep" and was told that because I bought my vehicle in Atlanta, was registered in KY and having serviced in WV (nearest dealer to my house) that "they weren't sure how the lemon law would apply exactly". I wasn't sure what to say exactly. I asked how a multi-national company with dealerships operating in every state would not know how the lemon law would apply? He said the rep had asked him to make "a good faith offer" of two payments on my lease, but that I would have to sign a release relieving BMWNA of any further obligation to replace the car. Warranty would still be in place obviously, but as far as this incident applied, it would be closed.

I politely told him no. I was not comfortable with signing any release for BMWNA. I also informed him, that after 8 weeks total service time, almost 1200-1300 miles on my vehicle for "testing", and still no clear cut explanation except that the "turbos were replaced and that should be the fix" that I expected a replacement.

The next reply was, well there aren't any X5M available in the country (I know that isn't true, because I have been searching dealer inventories all across the country) and that I would have to wait. I explained that was fine because I have a third vehicle I can use while waiting. His reply was that I would have to go through BMWNA or my original CA in ATL.

So, here I am, unsure as to what the next step is. He (the service manager) actually suggested I should contact my attorney in order to get a good explanation of the lemon law in KY. I told him I would prefer to keep attorneys out of the situation.

Any thoughts? I have yet to be contacted by BMWNA after my last conversation with them over a week ago.

[mswaz]

Originally Posted by jasonrhcastle

Well, here's an update...

Got a call from Service Manager today. Said he had been in contact with the "Regional Rep" and was told that because I bought my vehicle in Atlanta, was registered in KY and having serviced in WV (nearest dealer to my house) that "they weren't sure how the lemon law would apply exactly". I wasn't sure what to say exactly. I asked how a multi-national company with dealerships operating in every state would not know how the lemon law would apply? He said the rep had asked him to make "a good faith offer" of two payments on my lease, but that I would have to sign a release relieving BMWNA of any further obligation to replace the car. Warranty would still be in place obviously, but as far as this incident applied, it would be closed.

I politely told him no. I was not comfortable with signing any release for BMWNA. I also informed him, that after 8 weeks total service time, almost 1200-1300 miles on my vehicle for "testing", and still no clear cut explanation except that the "turbos were replaced and that should be the fix" that I expected a replacement.

The next reply was, well there aren't any X5M available in the country (I know that isn't true, because I have been searching dealer inventories all across the country) and that I would have to wait. I explained that was fine because I have a third vehicle I can use while waiting. His reply was that I would have to go through BMWNA or my original CA in ATL.

So, here I am, unsure as to what the next step is. He (the service manager) actually suggested I should contact my attorney in order to get a good explanation of the lemon law in KY. I told him I would prefer to keep attorneys out of the situation.

Any thoughts? I have yet to be contacted by BMWNA after my last conversation with them over a week ago.

Your service advisor does not know really what he is talking about. If you have not done so already, contact BMWNA ask to speak with an advisor or client specialist, can't remember what they are called and explain the story and go through the process with them of the buyback. I sent you a PM detailing what was needed to make this happen. BMW doesnt want an attorney involved nor wants a lemon and in my opinion would ultimately be a disservice to you if you involved either one. BMW will and has stood behind their product, it takes time and has nothing to do with the dealer where you bought or where you service it, they are simply a conduit for the transacation. The decision is between BMWNA and the regional dealer rep. Hope this helps..

[jasonrhcastle]

I have already spoken to a chap at BMWNA, a customer service manager, and he has been in contact with the dealer as well as the regional representative. I have called the BMWNA rep three times and left a message in the past 8 days. No return call as of yet. Yesterday when I called, I spoke to an associate of his, and he told me (per the notes on my account) that they were waiting on a decision from "BMW management".

I am in complete agreement with what you wrote above, and that was precisely why I posted this message. Just updating everyone who has offered help and advice, and for which I am grateful, as to what is occurring. This is bound to happen to someone else. Just keeping the information up to date.

J

[jasonrhcastle]

Well, guess what happened on the way home... That's right. Engine Malfunction, Reduced Power.

Called the dealer. Informed them that the car would be coming back and they could keep it. Service manager informed me that BMWNA were still mulling over the idea of the buyback. Made it very clear that no longer just an option. I am not interested in anything else at this point. Had the car in my possession 10 days in 9 weeks.

J

[mswaz]

Originally Posted by jasonrhcastle

Well, guess what happened on the way home... That's right. Engine Malfunction, Reduced Power.

Called the dealer. Informed them that the car would be coming back and they could keep it. Service manager informed me that BMWNA were still mulling over the idea of the buyback. Made it very clear that no longer just an option. I am not interested in anything else at this point. Had the car in my possession 10 days in 9 weeks.

J

Sorry you are having to go through this. I do know how it feels but the good news is that they will surely step up to the plate now.

[jasonrhcastle]

I agree. I am hoping that there won't be anymore hold ups. The dealer stated something to the effect of "I don't know if one is available on a lot." I told him that was fine, I want one spec'd to my liking. Not just one off a lot.

Thanks for the support. Much appreciated.

J

[Mr.Impatient]

Originally Posted by jasonrhcastle

Well, guess what happened on the way home... That's right. Engine Malfunction, Reduced Power.

Called the dealer. Informed them that the car would be coming back and they could keep it. Service manager informed me that BMWNA were still mulling over the idea of the buyback. Made it very clear that no longer just an option. I am not interested in anything else at this point. Had the car in my possession 10 days in 9 weeks.

J

If your state has a somewhat decent lemon law, you will certainly have the legal leverage here to insist on a new M.

Consult an attorney in your state. Often they will have an initial discusstion with you at no cost and, at least in CA, if you have the attorney write a letter or take further legal action, the attorney should take the case without cost to you (on a "contingency basis") as the automaker likley will be responsible for the attorneys' fees.

I believe BMW will step up, but you may have to push them to speed it up a little as they have no incentive to get it done quickly.

Best of luck to you.