UPDATE: I had my "Lemon" hearing on Friday....I won!

Smokey · #1 10-19-2009, 01:07 AM

So I had my "lemon law" hearing on Friday vs BMW North America. I have an 06 X5 3.0 - purchased as CPO in 2008 with 23K mi. Been in for pads and "warped" rotors three times in a year (15k miles). Each time rotors are warped. No harsh driving/braking, BMW can not identify the causative factor. I felt like it went well, we'll see, the notify me this week of results. Sucks, I am going to buy another one if I do win.

I keep my faith in the process, well see, it's been a long year with this X5.

***So I found out yesterday that I did win the arbitration hearing, and BMW is required to "buy back" my vehicle at the price I paid for it, plus tax, license, doc fees etc. They will subtract less than $400 for mileage going back to the first time I brought it in with the problem. I am going to buy another X5, so now the decision is going to be a loaded 2006, or a less optioned 2007. I probably be looking to spend 30-40K Opinions??

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rayxi · #2 10-19-2009, 11:17 AM

So you are claiming it's a lemon just because of brake rotors or were there other issues? I have a hard time believing it would need to go to a hearing over something as easily replaced as brake rotors or even calipers.

m5james · #3 10-19-2009, 12:39 PM

I agree. I've heard of countless other problems people have had w/ 540's and 740's over the past 10yrs that people haven't gone to court for...radiator necks cracking, fan clutches seizing and causing the fan blades to break and go through the hood, window regulators, ignition tumblers causing a multitude of odd electrical issues...I could go on and on. I can't even think of a way to purposely make my rotors warp prematurely, so to me it sounds like whoever was serving your brakes was simply using cheap Chinese knock-offs. If brakes were the only problems i've had w/ my 3 bimmers i'd be in heaven!

sethro · #4 10-19-2009, 01:05 PM

OP stated that he already replaced them three times and the X5 only has 23K. If your brakes are faulty seems like it should be a lemon

Quicksilver · #5 10-19-2009, 01:45 PM

Actually the OP said he "purchased as CPO in 2008 with 23K mi. Been in for pads and "warped" rotors three times in a year (15k miles)"
So if I'm reading this right it's within that 15K miles that this issue has occurred.

m5james · #6 10-19-2009, 09:52 PM

Lemons to me are like bad engines and transmissions that are made by a handful of manufacturers, not consumables that are made everywhere from China, Italy to the U.S. To me this just sounds like they used cheap parts each time. It's a CPO, so they're paying for it, and that's most likely the route they're going to take.

It's no different than "lifetime fluid" in our transmissions...coincidence that BS all came about when BMW started covering the servicing as part of the ownership of the car? I think not.

Smokey · #7 10-23-2009, 02:37 PM

The rotors were replaced three times between 23K miles and 38K miles - at an interval of of 5K miles each time. They were done at the BMW dealership, using oem rotors, and each time the rotors were in fact warped to the point that the steering wheel would shimmy back and forth in an abrupt fashion when braking.

NO, we are not poor drivers who jam on the brakes, and NO we do not live in a hilly area, and NO we do not tow with this X5. I did a lot of reasearch, including speaking with independent repair shops, and other BMW dealerships, NO one ever had brakes warp in 5K intervals, not mention THREE times.

I know that the Lemon Law process in not for wear items, however it is for issues that the manufacturer can not rectify. BMW could not identify/rectify the causative issue that was leading the rotors warping prematurely. Our last SUV went 95K before it needed new brakes. I would expect the X5 to get 20-45K on a set of rotors depending on driving factors.

I will get the decision from my hearing in a few days............the fact that the BBB has re-contacted me to go over the numbers in my sales contract has to be a good sign for my side of the arbitration. We'll see.

In any rate if I do win, I will be buying another X5

amacman · #8 10-23-2009, 03:16 PM

you can cause brake problems by keeping brake applied whilst stationary , either warping hot disc or burning pad material onto disc face .
for anyone reading this , can you NOT keep your foot on the brake at stop lights at night because i have amazing eyesight and your feking brake lights really hurt my eyes . use the parking brake .

cmyX6go · #9 10-23-2009, 04:20 PM

Quote:

Originally Posted by amacman

you can cause brake problems by keeping brake applied whilst stationary , either warping hot disc or burning pad material onto disc face .
for anyone reading this , can you NOT keep your foot on the brake at stop lights at night because i have amazing eyesight and your feking brake lights really hurt my eyes . use the parking brake .

Are you telling me that you use your parking brake at every traffic light? I hope you're never behind me because your eyes will be bleeding.

Do you have any idea how many traffic lights there are in NYC?

Hijack over.

dragoncoach · #10 10-23-2009, 04:23 PM

Quote:

Originally Posted by amacman

you can cause brake problems by keeping brake applied whilst stationary , either warping hot disc or burning pad material onto disc face .
for anyone reading this , can you NOT keep your foot on the brake at stop lights at night because i have amazing eyesight and your feking brake lights really hurt my eyes . use the parking brake .

Can you please clarify your post? I'm not understanding what you mean.

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