Intro/Saga Already

sburke91 · #1 09-04-2013, 09:20 PM

I've been holding off posting an intro until this saga is resolved, but, at the way things are going, that could be 2014, so I'm going to stop lurking.

In the early 2000's I had an E36 M3 sedan for 4 years. At that point in my life (I was a late 20's single guy when I first leased it), it was the ultimate car. By the end of the lease, life changes (marriage, building a house, etc.) drove a vehicle change, and I spent the last 10 years with a 2003 Tundra. It was reliable and extremely useful, but fun-to-drive it was not.

Over the past 3 years or so, the urge to drive a BMW was back. Originally another M3 was on the agenda, but the birth of our daughter drove a more practical direction.

After a fair bit of searching, I found a low-mileage (23k) 2011 CPO X5 50i, with a nice set of options (see below) and a good price at MAG in Columbus. Very plain-Jane on the exterior, creating a nice canvas for future upgrades.

I closed the deal the first Friday in August and picked it up the next morning. While driving on Sunday it threw the dreaded 'Engine malfunction, reduced power'. A couple of restarts appeared to clear the fault. I was leaving the next day on a week-long business trip, so getting it in the next day wasn't going to happen.

On the way to the airport on Monday it threw the fault again. That night, I made an appointment and dropped it off Friday morning. Early the next week, the diagnosis was a VANOS solenoid failure. Parts were ordered, installed, then another day delay when the intake manifold wouldn't seal, requiring a new gasket. That was done, the fault remained. BMW requested a software update to match the replacement part. Update done, fault remained. Additionally metal residue (sparkles, not flakes, per the tech), was found in the oil filter.

More days, more diagnosis. One of the VANOS gears was found to have failed (something about it free-wheeling when it was supposed to lock). The vehicle was supposed to have been assembled last Friday then cold-started and test driven on Tuesday. Due to a day's delay assembly was completed yesterday, and I was told it'd be ready after 5 today. At 4:03 today, I got an email from my service adviser that it had thrown another camshaft fault and wouldn't be ready today. I have no idea what's next on the troubleshooting path.

I spoke with the service director, and was told that BMW has no other process than this diagnose, wait for guidance/approval, replace, test, repeat. I'm now 4 days short of a month of ownership, with two days actual driving time. I've had a very nice 535i M-sport loaner for the bulk of the time, but I'd really like to be able to settle into my X5.

Am I stupid to continue to see this through, rather than contacting a lawyer to go about reversing the sale? CPO V8's are in short supply in this area, and I'm not a huge fan of either the styling or the cost of the F15's (nor the wait for one).

When I really think about it, this is the ultimate first world problem--I sit here griping about a no-charge $73k loaner car, but I'd rather be driving the vehicle I bought.

Color 475 Black Sapphire Metallic N/C
Upholstery LVSW Black Perforated Nevada Leather N/C
Options ZAV Active ventilated seat package
451 Active seat for driver N/C
453 Front ventilated seats N/C
456 Multi-contour seats N/C
ZCW Cold Weather Package
464 Ski bag N/C
494 Heated front seats N/C
502 Retractable headlight washers N/C
ZPP Premium Package 2,200.00
316 Power tailgate N/C
319 Universal garage-door opener N/C
430 Auto-dimming interior and exterior mirrors N/C
431 Auto-dimming rearview mirror N/C
488 Lumbar support N/C
493 Storage package N/C
4NA Digital compass mirror N/C
563 Ambiance lighting N/C
639 BMW Assist with Bluetooth N/C
ZPS Premium Sound Package
655 Satellite radio with 1 year subscription N/C
677 Premium hi-fi system N/C
6FL iPod and USB adapter N/C
ZRC Rear Climate Package
417 Rear manual side window shades N/C
4NB 4-zone automatic climate control N/C
761 Privacy glass N/C
ZTP Technology Package 2,800.00
3AH Rear View Camera with Top View N/C
508 Park Distance Control N/C
609 Navigation system N/C
615 Online Information Services N/C
620 Voice-command N/C
6AA BMW TeleServices N/C
6AB TeleService Control N/C
6UH Real Time Traffic Information N/C
248 Heated Steering Wheel N/C
386 Roof rails

ard · #2 09-04-2013, 11:17 PM

No PPI on the purchase? CPO means nothing at all- it is simply a marketing tool that fools buyers into thinking they dont need to do a PPI and that BMWNA stands behind the purchase.

You will not get the deal reversed based on any legal process- what is your thesis? Somehow you will uncover proof that they knowing defrauded you with a car that had documented faults? How will you prove this?

metal shaving distributed into the engine is really troubling.... I'd want to get the technicians comments INTO/ONTO a work order. He may have told you this, but when push comes to shove, this factoid will disappear.

sburke91 · #3 09-05-2013, 09:15 AM

Quote:

Originally Posted by ard

No PPI on the purchase? CPO means nothing at all- it is simply a marketing tool that fools buyers into thinking they dont need to do a PPI and that BMWNA stands behind the purchase.

You will not get the deal reversed based on any legal process- what is your thesis? Somehow you will uncover proof that they knowing defrauded you with a car that had documented faults? How will you prove this?

metal shaving distributed into the engine is really troubling.... I'd want to get the technicians comments INTO/ONTO a work order. He may have told you this, but when push comes to shove, this factoid will disappear.

My current travel schedule doesn't make arranging for a PPI very easy. I assumed that the combination of the 1+ year left on the original warranty and the extra 2 years of CPO coverage would make this a pretty safe buy. That assumption is looking a bit cloudy right now.

Ohio's lemon law is a bit murky regarding certified cars, but because the original factory warranty is still in effect, it can still apply. I hope to not have to get to that point.

I'm expecting a full break-out of the work order, as it stands to this point, via email today, and will ensure that everything has been documented. They had to send 2 sets of photos of the oil filter to BMWNA (on BMW's request), so that information should be well captured in the work order. I'm also going to request/demand a copy of those photos.

ard · #4 09-05-2013, 11:23 AM

Be careful: just because they are sending stuff to BMWNA via PUMA does not mean YOU will have access to it.

You may wan to get an expert opinion on what should be done to a motor "that has bit of metal distributed in the oiling system and oil filter"... if there is a recommendation (like 'total rebuild/cleaning of all oil passages' or "new motor") you should make sure this is verbalized (or put in writing as a demand) BEFORE bmw makes a counter decision/recommendation/action.

IMO

GL

A