Dealer "bricked" my car

[DWill]

Without going into all the details, they're in another thread..

I took my car into the dealer over a week ago to have them look into some voice commands that appeared to not be working properly.

While the X is there I asked them to update the maps (I've only had the car 6 weeks) on the Nav as well.

Early last week I get a call from the SA saying they don't know what's wrong with the Voice Commands but they'll work with BMW to sort it out.

Then Thursday I get a call from the SA saying they got the voice commands working (thought not all of them) and by the way I now have the latesest software on my car so, good news, I'll be able to sort the names in the phone book by first name. Something I asked about right after picking up my car.

He goes on to tell me that they are uploading the new maps to the Nav.
Keep in mind on the 2010 X5 I can't do this myself, the dealer has to do it.
The cost is about $350.00 for map updates. Though the SA tells me with each map update you'll also "get" any updates to the Nav OS.

Sort of sound like one of those "as seen on TV" commercials.. "act now and you also recieve...." lol...

He tells me my car will be ready Friday (the next day) morning.
Late Friday afternoon no call from the SA regarding my car, so I call and leave a message. He call me back at about 5:45 PM; they close at 6:00.

He tells me that "something" went wrong with the Nav update and it completely locked up every computer on my car; nothing, meaning NOTHING functions....

They thought it was a bad authorization code for the map updates; so they got another one from BMW but of course since everything is locked up it won't work either.

I asked him, what are they going to do? He said "I don't know we've opened a PUMA case with BMW" In the mean time of course I'm paying my car payment just to have my car sit at the dealer.

How screwed am I????

Anyone else had this or a similar experience that could maybe shed some litght on this?

[Weasel]

Worst case scenario, the NAV computer itself crapped out. But by it crapping out in the middle of programming at the dealer, you should get the new one on BMW's tab. I'd almost consider that a good thing as it prevents you from needing a new NAV computer out of pocket in the future.

[wch X5]

I feel for you. The HD in my X died three weeks after delivery. They ended up having to replace the whole unit. It took a little while but afterwards everything works fine. They gave me a loaner so I could get around - one way to look at it is that you aren't putting miles on your car.

[hotrod2448]

It's not that bad. Your car is a 2010, it's under warranty and it will be fixed at no cost to you. It's only been a week or two which does seem like a long time for an issue like this but, it's hard to say that not knowing what they've doing to try and remedy the issue. They could have had to order parts or something. If they haven't already have them give you a loaner car.

It is not terribly uncommon for BMW's to brick computers during reflashes. They usually take quite a while and need a stable power supply.

[KYZRSOSE]

My car has been re-programmed close to 5 times in 3 years. Bricked twice during flashing, and takes 1-2 days to reprogram according to my dealer.

As for paying for your car while its in the shop, a few weeks is not much of an argument in BMW's eyes. It would have to be in the shop for longer than that, and probably multiple occasions to get BMW to help out in that way.

[ard]

Send a certified, return receipt letter to BMW, notifying them of you intent to "lemon" the car if the BMW takes longer than 30 days to fix this problem. The CA lemon law only requires the car to be out of service for 30 days, not for any specific issue. (You can find references to the CA statute with google, and read your warranty manual for instructions on where to send the letter, et.)

You may not really WANT to, but rest assured you will get BMWs attention and VERY best efforts.

Explain that "today is day 11 (or whatever it is), and BMW has 19 more days to fully repair and return the car to me".

Good luck

A

[Mr.Impatient]

Originally Posted by ard

Send a certified, return receipt letter to BMW, notifying them of you intent to "lemon" the car if the BMW takes longer than 30 days to fix this problem. The CA lemon law only requires the car to be out of service for 30 days, not for any specific issue. (You can find references to the CA statute with google, and read your warranty manual for instructions on where to send the letter, et.)

You may not really WANT to, but rest assured you will get BMWs attention and VERY best efforts.

Explain that "today is day 11 (or whatever it is), and BMW has 19 more days to fully repair and return the car to me".

Good luck

A

That's one strategy, but I suggest another--

Unless there is a notice requirement in the statute, I would wait until it has been 30 days or just before that and inform BMW you are exercising your right to return the vehicle under the applicable lemon law.

If you give them notice now and you are not required to do so, the dealer may rush to return the car with patches and shoddy work, which will result in your returning the vehicle again for more work. And if the dealer finds a way to describe the problem differently in the papaerwork each time, it may not fit under the lemon laws.

Consult a qualified LL attorney as your first step for a new car with a major malfunction like this.

[DWill]

Originally Posted by Mr.Impatient

That's one strategy, but I suggest another--

Unless there is a notice requirement in the statute, I would wait until it has been 30 days or just before that and inform BMW you are exercising your right to return the vehicle under the applicable lemon law.

If you give them notice now and you are not required to do so, the dealer may rush to return the car with patches and shoddy work, which will result in your returning the vehicle again for more work. And if the dealer finds a way to describe the problem differently in the papaerwork each time, it may not fit under the lemon laws.

Consult a qualified LL attorney as your first step for a new car with a major malfunction like this.

I'm hopful this is just a "one off" deal.

The SA told me this is the very first 10 E70 they've had in for a Nav upgrade. But if they can't fix it within a reasonable time I'll be after the Nav upgrade at no charge.

The other thing that really isn't good is that I literally had to sit in the car first with a "team leader" then with a "shop foreman" and show them how the car was supposed to work (regarding voice command feature etc...) they had no clue. They first told me there was nothing wrong with my car, it was functioning normally. Until I sat down with them and showed them what was happening in comparison to what was supposed to happen.

That said. it turns out that BMW has removed a couple voice commands from the phone system; unfortunately both were the most used feature of the phone system, at least for me. But it seems BMW did not edit the owners manual and/or inform anyone the commands were removed.

It took two days to find someone at BMW that knew that.

Anyway, it's nearly 5PM here on the west coast and no word from the SA today....

[ABMW]

For what it's worth, BMW is buying my car back. Before doing so, they did offer to make a single car payment, after the vehicle was out of service for 2-weeks. Two weeks eventually turned into 3, etc.

I agree with Mr. Impatient. I'd not give them notice, as they will rush your fix along.

Though, my guess is they're sourcing some parts from S.C. and the regional engineers via the PUMA and FASTA system will have the vehicle fixed and you'll be fine.

For informational purposes, BMWNA, according to what I was told, does not make the call on buybacks. That has to do with your selling dealer and the regional BMW rep.

The above appears to be true, as the individual who is solely handling my buyback works for my selling dealer and the regional rep was the person who made the final call (I'm told).

My advice is to maintain politeness to the highest degree, but stay firm. Machines malfunction, especially when they're as advanced as the X5. Keep your cool, do not blame any specific person, but stay firm in your demands.

I know multiple people who have had their BMWs repurchased, now including myself. If it comes to it, you don't need an attorney. BMW knows your rights and they also know you that you know your rights, so just let it play out. They know their consumers are smart and CA Lemon Laws are clear and simple for a reason.

If they give you a loaner car- which I would suggest you ask for,loaner 328is are fun to drive, you might as well allow the clock to continue advancing. 30-days can add up quickly, if you have multiple material issues with your new vehicle.

I hope that's not the case, but if you do, you're well protected by the consumer laws that are in place. Though, to be honest, BMW was slow to respond, but eventually was extremely equitable in assisting me with my vehicle. I'm satisfied with the final outcome, even if it did take multiple months to accomplish.

[DWill]

Originally Posted by ABMW

For what it's worth, BMW is buying my car back. Before doing so, they did offer to make a single car payment, after the vehicle was out of service for 2-weeks. Two weeks eventually turned into 3, etc.

I agree with Mr. Impatient. I'd not give them notice, as they will rush your fix along.

Though, my guess is they're sourcing some parts from S.C. and the regional engineers via the PUMA and FASTA system will have the vehicle fixed and you'll be fine.

For informational purposes, BMWNA, according to what I was told, does not make the call on buybacks. That has to do with your selling dealer and the regional BMW rep.

The above appears to be true, as the individual who is solely handling my buyback works for my selling dealer and the regional rep was the person who made the final call (I'm told).

My advice is to maintain politeness to the highest degree, but stay firm. Machines malfunction, especially when they're as advanced as the X5. Keep your cool, do not blame any specific person, but stay firm in your demands.

I know multiple people who have had their BMWs repurchased, now including myself. If it comes to it, you don't need an attorney. BMW knows your rights and they also know you that you know your rights, so just let it play out. They know their consumers are smart and CA Lemon Laws are clear and simple for a reason.

If they give you a loaner car- which I would suggest you ask for,loaner 328is are fun to drive, you might as well allow the clock to continue advancing. 30-days can add up quickly, if you have multiple material issues with your new vehicle.

I hope that's not the case, but if you do, you're well protected by the consumer laws that are in place. Though, to be honest, BMW was slow to respond, but eventually was extremely equitable in assisting me with my vehicle. I'm satisfied with the final outcome, even if it did take multiple months to accomplish.

What was up with your car; what caused them to buy it back?

Overall I'm happy with the car. The performance is more than I expected.
I've had no other issue with car, other than a minor issue with the tail gate not wanting to close using the button unless I slam the bottom half really hard fist. The dealer fixed this in about 5 minutes.

Other than some voice commands not being there; some of which it turns out were deleted by BMW but not updated in the owners manual, and, the annoying routing issue with the Nav I'm even really happy with the electronics (in general)...

Almost all of this happened at the dealer frankly. First they really had no idea what "features" were on the car nor did they have any idea how to make them work.

They first tried to pass it off as everything work normally, there's nothing wrong you just don't know you're car very well. Which they quickly learned was not the case, in fact it was just the opposite of that.

Next they somehow completely bricked the car, and now don't seem to know how to fix it. By the way, I've yet to hear from them this week.

I'm very polite with them, if for no other reason than that the CA that sole me the car (and every other BMW I've purchased over the years) is a long time close personal friend. Also I don't think the SA is trying to pull anything over on me for the same reason, and I've done business with him a lot in the past. In fact whenever any of my previous cars have had to go to the dealer I always call him directly and schedule with him.

I frankly think it's the service people who don't have a clue, and the SA is just passing on what he's being told.

Anyway, I will at least get the Nav upgrade free and if all goes well I'll have the latest software flashed on my car so I guess that a good thing. I know I hated having my phone book sorted by last name first and not having the option to change it. Now I can change to first name first...

I'm just getting a more frustrated as time goes by, and the fun factor of the Z4 I have as a loaner has all but worn off.

But trust me if this goes on to be 3 or 4 weeks before I get my car back, I'll be making more noise... all be it politely of course...

Could there be a swap for a 2011 X5M in my future...
(are they even available yet??? )