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  #1  
Old 12-31-2008, 10:34 PM
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Unhappy Need help suing the BMWNA for CPOed X5

I CPOed and bought 2005 X5 at the end of lease 6 weeks ago. After 3 weeks of the purchase. The X5 developed a plethora of electrical problems that I have mentioned in this thread.
http://www.xoutpost.com/x5-e53-forum/...hlight=massive

8 days after I took the car to the dealer, they claimed they have somehow fixed the car by plugging out all the electrical plugs and putting them back in. While I was communicating with the adviser he told me they have not identified the problem such as an error code, etc.. As a conclusion they suspect bad electrical contacts and claimed they have resolved the problem.
A day after I took the car back, the problems started again. I start seeing every warning messages conceivable such as 4X4 failure, Trans Safety Prog, etc. My wipers completely stopped working during the heavily raining day. Wiper fluid started squirting without being initiated. The seat belt, brake, and airbag warning light remained on with no reason.

I took the car back to the dealer last Friday to the reluctant dealer who hasn't returned my repeated calls. The service adviser said he will try to have a BMW Engineer come resolved the problem. Just an hour ago I got a call from the same guy who promised to fixed the car saying that BMW denied the CPO coverage and now I have to pay the hourly rate for their attempts to repair the car.
I am going through the California Lemon Law via internet but so far I haven't found anything that is encouraging. Is it common that BMW deny repair claims only because they don't know how to fix it?

Of course I am mad as hell and looking for the ways to make it right.
Why would anyone buy a CPOed vehicle if dealer gave up fixing the vehicle because they do not know how?
I would really appreciate any inputs.
Thanks in advance.
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  #2  
Old 12-31-2008, 11:23 PM
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Did i miss something or did you forget to mention the reason for this........

Quote:
Originally Posted by JonK
Just an hour ago I got a call from the same guy who promised to fixed the car saying that BMW denied the CPO coverage and now I have to pay the hourly rate for their attempts to repair the car.
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Old 01-01-2009, 12:06 AM
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that's scary. yeah, what was their exact reason for denying coverage? pretty sure you have a decent case. i'd ask the dealer to take the car back and sue if they don't.
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Old 01-01-2009, 12:08 AM
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Call BMW of North America
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Old 01-01-2009, 03:55 AM
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Quote:
Originally Posted by jvit27
Call BMW of North America
The title of OP's thread says he's suing BMWNA. JonK...who exactly do you plan on suing, the dealer or BMWNA?

Did you experience any of the symptoms you're describing now, before you CPO'd?
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Old 01-01-2009, 05:15 AM
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I'd first call BMWNA with the problem, and they may step in and either force the dealer to fix it or buy it back. Which I believe you can make them do anyways if they can't fix it within 30 days of having it.

If the dealer is serious about denying coverage... I would demand in writing the EXACT reasons for that and also present that info to BMWNA. If BMWNA doesn't help in any way, then all the info should be forwarded to an attorney.
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Old 01-01-2009, 07:10 AM
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From what I heard they have not found the exact reason why this problem has happened. The stealer has kept the car for 14 days trying to figure out and obviously has failed to do so.

When I took the car back the adviser guy was asking if I wanted to buy the new car, and sales guy stepped in and told me that you will take considerable hit reselling the car but they have near 0% interest until the year end.


Implication of CPO coverage in California wasn't really clear.

So far it sounds like it is the BMWNA who decided not to cover the car after the dealer escalated the problem. So I am gonna have to figure out who is the party denying the claim and why. So far it sounds like it is BMWNA not the dealer. So I am asking the ground for denial in writing and take it to the attorney. Thank you for response.
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Old 01-01-2009, 07:19 AM
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Quote:
Originally Posted by chilliwilli
The title of OP's thread says he's suing BMWNA. JonK...who exactly do you plan on suing, the dealer or BMWNA?

Did you experience any of the symptoms you're describing now, before you CPO'd?
It sound like it would be BMWNA who made this decision.
I had warning signs problem issues few years back not to this degree starting with seat belt and airbag warning signal. They said it was low battery charge issue and after they recharged it went away, but my gut tells me it started few years back when I had this problem.

Well they wanted to get rid of the problem before the year end. I am pissed as hell as you could probably could imagine. It is a nightmare. The they haven't explained to me why other than they weren't able to fix.
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Old 01-05-2009, 07:07 PM
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WARNING LIGHTS IS AUDIO ISSUES ACCRODING TO BMWNA

UPDATE

I went back to the dealer on Jan. 2nd to pick up the car and to work with a local attorney. California lemon law doesn't cover CPO but since I had the similar problem during the warranty period, if I could locate the paper he said he could work with me.

When I started talking with the service adviser I remained very calm and composed. When I asked why BMWNA refused to pay for the repair, he explained to me that since it is an audio issue because all the warning lights goes through fiber optics that goes through audio.

I really heard enough!!!

He changed his story and now he wants to try to fix the car three or four days. However, they cannot get me the loaner car any longer. I decided to give them one more try, before I resort to legal method. Now I am paying for the rental car.

I sincerely hope that they could fix the car but I really do have my doubt. At least I had some trust that they won't sabotage the car so that my attorney cannot win the case.

I will keep you posted.
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Old 01-05-2009, 08:54 PM
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I feel your pain. I was having some issues my self with my cpo. Good luck I hope you resolve this prob asap
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