BMW doesn't honor my warranty

[trashheap]

My car was fine till I took it to the dealer. The first time I took it, I went ot pick it up and it didn't start at the dealer. If I did something to it, then I would agree maybe I screwed it up. But that is not the case, as it sat in the garage most of the time. After they had it 8 weeks and I got it back it failed a second time within a month. Then they had it for another 8 weeks. They put on the paperwork that the brake switch was not from my vehicle and from a mini cooper. Well what I find stange is that the dealer was the one that told me it had something to do with the brake switch and they had changed it on the first incident, as well as they service mini coopers. Why the heck would I go and put a mini cooper brake switch in my car, when I don't even know where it is actually at or how to change it. When I got it back the second time the interior was dmaaged and it went back several more times to get fixed cosmetically because it was not correct.
This third time of the same issue as it was from the first time. I didn't do anything to my vehicle, I actually really like the X5, but the dealer and BMWNA are not my firends.

As you guys suggested I researched the lemon law and it is 60 days past the first year, so the law doesn't apply in my state (Las Vegas, NV). I guess I will need to start looking for a lawyer and see what I come up with. There has to be some recourse or some law I hope on my side, otherwise I am going to keep making payments on a dead vehicle which doesn't sound very fair to me.

[SCardamon]

Yeah I would say the dealer is playing the odds that you dont really have 2 lemons in a row. That is if I am understanding this post and the related post haigha added properly.

[ard]

Originally Posted by NVGoldendog

My car was fine till I took it to the dealer. The first time I took it, I went ot pick it up and it didn't start at the dealer. If I did something to it, then I would agree maybe I screwed it up. But that is not the case, as it sat in the garage most of the time. After they had it 8 weeks and I got it back it failed a second time within a month. Then they had it for another 8 weeks. They put on the paperwork that the brake switch was not from my vehicle and from a mini cooper. Well what I find stange is that the dealer was the one that told me it had something to do with the brake switch and they had changed it on the first incident, as well as they service mini coopers. Why the heck would I go and put a mini cooper brake switch in my car, when I don't even know where it is actually at or how to change it. When I got it back the second time the interior was dmaaged and it went back several more times to get fixed cosmetically because it was not correct.
This third time of the same issue as it was from the first time. I didn't do anything to my vehicle, I actually really like the X5, but the dealer and BMWNA are not my firends.

As you guys suggested I researched the lemon law and it is 60 days past the first year, so the law doesn't apply in my state (Las Vegas, NV). I guess I will need to start looking for a lawyer and see what I come up with. There has to be some recourse or some law I hope on my side, otherwise I am going to keep making payments on a dead vehicle which doesn't sound very fair to me.

Based on this, it sounds like Desert BMW may have hacked the car, and is now circling the wagons. They've 'co-opted' the BMW regional rep, by showing him "look at what this owner has done".

Unfortunately, you are not a car mechanic and don't have the expertise to investigate.

"60 days past the first year" would seem to apply to you, no? 8 weeks?


If I was your atty, in prep for the case I'd want to subpoena everyone involved with the first repair- parts, service, mechanic..and determine the local stock AT THE DEALERSHIP for the part that was replaced, AND the part that they SAID was replaced (ie if the paperwork showed they put in a BMW switch, their parts stock documents had better show that in stock....) Sadly, to get to this point will costs tens of thousands.

The real trick is to quickly come up with a legal argument that you can support, AND get this in front of someone at Desert that can make a decision. This is not sounding like a BMWNA issue, more like a Desert BMW issue. Have you googled their name? I seem to recall significant negatives. Maybe find a new set of local eyes....

A

[dmfelger]

File a claim. You can do this over the phone. I have went through this process successfully within the last 13 months. Be specific, document facts in chronological order and get this to the case rep asap.

[ard]

Originally Posted by dmfelger

File a claim. You can do this over the phone. I have went through this process successfully within the last 13 months. Be specific, document facts in chronological order and get this to the case rep asap.

You can NOT do this over the phone. Or might I say, BMW is free to ignore anything you SAY over the phone or write in an EMAIL. Pursuant to the Warranty Statement you received with the car, there is likely a requirement (varies by state) that you notify BMW "in writing" with a physical address listed.

(Based on the OPs posts, he has ALREADY contacted BMWNA in NJ and they are running him back to the dealer....I think the dealer hacked his car, the BMW regional rep has intervened and said BMWNA will not fix this...now the dealer is in a jam (they are liable) and are trying to screw the OP. THis will likely be litigation against the dealership.

[Dking05]

Did they even give you back some cash since they had your car for so long?

IMO: Lawyer up..

[LI-X5]

sounds like the dealer is triing to avoid a lemon law case !

[ard]

Originally Posted by LI-X5

sounds like the dealer is triing to avoid a lemon law case !

No.

You need to understand that there are THREE PARTIES involved here!

BMWNA
The OP
Desert BMW

Each independent, each with different fiducial interests....

The "lemon law" affects BMWNA. The dealer doesnt really care at all... as long as they do what BMW tells them, tries the repairs, escalates issues, lets BMW aftersales support call the shots- then the dealer isn't blamed for a lemon law claim. At the end of the day BMWNA pays for the lemon law claim.

IMO, someone at the dealership screwed with the OPs car... but desert BMW was willing to try and fix it and stick BMWNA with the bill...BUT, once BMWNA (regional rep) had a look, HE said "BMWNA will not cover any more work, there was 'outside repairs' done"... (The wienies at Desert likely didn't say 'that was one of our junior guys that did that'...)

Desert is more than happy to sit back, let the OP be pissed off at BMWNA, and assume that the OP will not find out what really happened.

Unless the OP is not telling us something...

[trashheap]

I went and hired a lawyer today. Here are the facts. when Desert BMW had the vehicle for 8 weeks and did whatever, they opened a PUMA case with BMW. I went a visited the vehicle on week #2. The vehicle was seriously in a ton of pieces inside. I think every part of the dash was sitting in the trunk and back seat. I don't think they had a clue what was going on. The first time they fixed it there were a ton of parts on the paperwork, and I can only image what they cost plus labor. I don't know how BMW reimbuses a dealer, if it is like every time or by the job or what. Anyways, when I got the vehicle back, it was not even assembled right. The left side door panel was torn, rear door panel was off the clips, and the interior dash by the i-drive plastic was broken and pulled up. They told me that was all normal and offered to repair the door panel. When I left the dealer is started raining and my wipers then didn't work. I ended up taking it back and they had it like 3 or 4 more days fixing issues. But when i got it back again the door panel was more damaged then before (they tried to fill it with some plastic stuff and it looked crappy). It went down hill from there. They did give me a loaner car, 328i to drive. But the whole experience from the begining with Desert BMW was just horriable. Each time I brought it back as it got worse they had their Shop Forman work on it, which was not any better then whoever worked on it first. When the dealer called me this week to tell me about the 14K I needed to pay to fix it, he told me that maybe a Electro Magnetic Pulse was coming from my house. That pissed me off even more have even said that. i guess that was like their comment "Outside Influence" is causing it. I would sure like to take it to another dealer, but Desert BMW of Las Vegas also owns Desert BMW of Henderson, both Auto Nation dealers. Vegas has no other dealer choices to take it to. I almost want to take it to Los Angeles or a dealer down their but since BMW NA said no warranty I don't think it is going to help.

I guess we will see what the attorney says. I wish I could upload the dealer paperwork, you would see how they basically accused me of changing the brake switch.

[dmfelger]

I was able to lemon law and get BMW to pay me back almost every cent I put into an '09 35d (every payment, all the down payment, taxes, etc.)- starting with a phone call to BMW NA in Jersey to start a claim.

I do agree with your last post. BMW NA had the dealer review the lemon law claim first (Service Manager - who did not have a horse in the race - can say no every time), which of course said the claim did not qualify as lemon law. I the requested the regional service manager to review.

Don't know if the RSM did look at the case but was called by BMW NA stating they would buy the vehicle back. I may have been lucky it went smooth. Lengthy, but smooth.