Can my X5 qualify as a lemon?

[djay]

2008 X5 with every option I purchased new in September of 08. About a month after the delivery passenger seat belt waring came on even when I had no passenger. My dealer had to change out the whole seat and it took them about a month because the seat had to come from Germany. After that, my Nav. disk was running constantly making zip zip noise. I brought it back to dealer and I was told it had a wrong disk in it? Soon after that, it wouldn't start as if it had no battery but, if I wait a few hours it'll start like nothing ever happened. Back to the dealer again, was told battery had high drain caused by not driving it often enough. It had 7000 miles in about a year at this point. I bought a recommended trickle charger from them and came home. However, I noticed my fuel gauge was shaking and making clicking sound every time I get into the car but it would go away after starting it. I called my SA and was told it was probably linked to the battery problem and it will go away after a while. The shaking never went away but I decided to just drive it at this point. Last month it started to give me a service over due warning even though I just had it serviced in the spring. I brought it in for a service and my SA confirms me that they already did all the required services my car is telling them to do. Since I had it in anyway I told them about the shaking gauge and Nav problems that never got fixed right. They had to change out the computer and it took them about a week because it kept crashing. I start the car after the service I had high battery drain, sos malfunction, and can not read DVD error warning come on one after another. I'm bring it back tomorrow again. Oh, and the shaking came back after two days. It now has about 17000 miles and 26 month old. This was my third X5 and first one I bought after leasing the other two. I think lemon law in CT says it had to have less than 20000 miles and 2 years old but can it still qualify since the problems never got fixed in time?

Sorry for the long post. TIA

[alexmish]

It is all about the law terms in your state... You need to have documented 3 failed attempts to fix the same problem, and then there is cap on mileage and car's age. lemonlaw.com

[dmfelger]

Some suggestions from experience:

Keep a log in chronological order. Use your invoices for back-up documentation. Call BMWNA and start a claim. You will be assigned to a rep. Ask them if you can send them a letter that includes everything factual, including how long the car was in the shop. In the letter, request a direct replacement with a new vehicle with the same options.

Be patient. Be polite. They called us every week with a status of our claim. You want to get a decision from a District Service Manager or equal. The first decision is made by the Service Manager at your dealer. If not favorable, ask to escalate it to the District Manager.

Good luck.

[Viperfreak2]

ZERO seats come from Germany. Dealers rarely tell or know the facts.

[djay]

Thanks for all your comments guys. I dropped my car off today. SA says he will talk to sales manager about what they can do.

dmfelger if you don't mind me asking, can you tell me what was wrong with yours?

[ard]

Originally Posted by djay

I dropped my car off today. SA says he will talk to sales manager about what they can do.

1. You understand that if the poster above is correct- that the seats for the X5 are not sourced in Germany- the SA has been flat out lying to you.

2. The "sales manager" is not involved with a lemon.

3. You don't "ask" you "demand and force".

4. Unless you've been laying careful WRITTEN evidence in terms of Work Orders that clearly state the same issues, once it is your recollection of issues and complaints, you have zero chance of success.

5. Read up on the law in your state. Find out precisely what must occur within the two year period. Miss the statutory requirements and you are SOL.

I am sure the sales manager will offer you a great LEASE on a new car with a wonderful trade in on your 08...but that trade in will be 5k under lemon value I'd bet.

GL

A