Thinking about claiming a lemon car...(UPDATE: Bought an E63 AMG)
 

Hey everyone, its been a while since I've been on the board. Alot has happened since I was on, at least to the X5.

This has been a problem since the first week I got the car, the car malfunctions. I get multiple warning displays such as ECU FAILURE, IDRIVE FAILURE, HAND BRAKE FAILURE, DSC FAILURE, TRANSMISSION FAILURE and more I cannot think of. The car then trickles down as though its going to hibernate and lets me drive no faster than 10mph which has been a problem when this happens on the freeway. I am going to say this has happened 5 times now, even after repeated visits to the dealer. I have sent the car down to the dealer I bought it from now and they are inspecting it tomorrow. I'm fed up! I payed 80k for this car. I have spoken to my salesman and we've started talking about making the dealer buy the car back and ordering a new one. I asked him if I would claim it as a lemon and he said no because when they try to auction the car off as used the title must say why the dealer bought it back etc.

I know they are taking the best care of me, I have sent friends there who have bought cars and Im taking delivary of an M5 next week.

Im stuck in the mud...any suggestions?

(UPDATE) 9/23/07

My car has now been in the shop for two weeks now. They dealer said that the car cannot be claimed as a "lemon" car because it has only been documented once and it needs to be twice. Bullshit, I took it into the dealer 4-5 times which shows they either did not look at it or they didn't record it. Service ordered a new electronic handbrake after claiming the handbrake failure set off the transmission failure which is not possible because the transmission failed first. Once the new handbrake came in they tried reseting the whole system (ECU etc), which then rejected it. They have been in constant contact with BMW Germany ie. What to do etc. I have spoken to my salesman about ordering an 08 but I am going to wait it out and see what happens...So far we are at; new electronic handbrake but car will not take reprogramming.

(UPDATE) 9/24/07

Today I got a call from BMW Customer Service, I'm not sure if it was my dealer or BMWNA, and a lady was asking me how I was enjoying the purchase of my new BMW. I quickly interrupted her and told her I was actually thinking about terminating my lease contract and selling the car back. She stumbled and put me through to BMWNA customer service. I explained in detail what happened from the time the first problems occured which dates back months ago. I went onto tell her that the customer service at Bob Smith BMW has been appauling, I try repeatedly throughout multiple days to get a hold of the Service Manager or an engineer to speak to me personally and tell me exactly what's the diagnosis. I have still not heard from an engineer nor the service manager. I continued to tell customer service I have givin Bob Smith 10 cars of service, 5 cars of my own. Service also refuses to bring me up a loaner car, an x3, because I am an hour's drive away. The customer service rep then says she will out in a complaint to BMW's Service Department at Bob Smith, which does not even help becuase I still don't bave my 5 month old X5! Today, I sent all emails between me and any associate at Bob Smith, any signed papers and all financial paper work that was exchanged.

(UPDATE) 9/30/2007

Bob Smith BMW called yesterday telling me they are going to buy the car back, it is officially a lemon car. I'm driving my M5 for now and I really can't decide if I want to order another one, let alone another X5. I loved the car and still do but I don't know if I can risk having it happen again.

Let me know what you guys think I should do...

(UPDATE) 11/16/2007

Went into Mercedes to check out a 2008 ML63 AMG to replace the X5. I walked into the showroom to find myself staring at an E63 AMG. It was love at first site. I have one on order, dark blue w/ cashmere interior. Next build slot is January so I am expecting a long wait. Don't ask why I have an M5 too...

If the dealer has made an attempt to fix the same problem multiple times (exact # depends on state law) and the problem is still not resolved, then yes by all means, claim lemon law. A lemon BMW will always be one and it will be tons of headache down the road.

But if they are willing to buy it back what's the need to enforce the lemon law?

So the next person this dealer tries to sell it to doesn't get hosed. Maybe the more lemons BMW is forced to repurchase will make them improve on the quality. :confused:

:iagree: Very little chance they will fix it properly after they buy it back if they couldn't fix it before.

just out of curiosity... has the sav been updated on firmware versions, etc?? was this an early production release of the new X5??

I know it doesn't make much of a difference now..but an 80k car should not have these problems at all...I don't care what anyone says...

heck, 40k jap cars and suvs don't have them.. and they offer the same technology and features!

what makes them more reliable??? QUALITY ASSURANCE!!!

we need to stop sugar coating these things by saying these cars are fast and great sport vehicles and that new technology issues are expected, etc, etc, etc...when we're having problems before we've reached 20miles from the frickin garage!!

BMW needs to take responsibilty for their problems... if it doesn't work, then it doesn't work.... don't offer it!! plain and simple..

I'm having an 08 ordered and I'm am not expecting to make it a habit of returning it to the dealer every other weekend... for that kind of money you should only be bringing her back for basic maintenance and oil changes....

it's embarassing and not acceptable!!!!

lemon law man!! don't take sh##$

can someone start a sticky on "returned X5s" ???

we need to track them....

seriously now...you think BMW makes the only lemons.

Why are you stuck in the mud?
 

If the dealer is taking the car back, no questions asked and your getting a your money back, or at least most of it whats the problem? BMWNA does not want customers to lemon law their cars; if the car has repeat issues that cannot be resolved, they have to take it back. What they do with the car is no concern to you.

no one is saying BMW is the only one... but a defective car is a defective car...period..

no one wants to deal w/lemon laws...but guess what will happen to the sav when it gets returned... it will end up in the lot for the next schmuck to deal with...

look around.. there are still plenty of low mileage, like new X5s in the lot!
most with 5-10k miles... not dealer demo miles!

my dealer tried to sell me some of them....

I can almost bet many of them were returned for the exact same reasons... and we'll never really know!!

someone needs to step up!!

what? have not seen any used E70's...I am very satisfied with mine.

honestly I am really happy to hear that! I know most are problem free... BMW does make great vehicles... which is why we continue to purchase them...

hearing about all of the consistent issues just drives me crazy! and I feel bad for the guy who has to take time out of work, make up excuses to the wife (to keep justifying the purchase) just to repeat it all over again every other week!!!!

something has to give...

this is a forum after all, its a place where you come to discuss problems.

did you really expect to hear nothing but praise here?

I am also a fellow X5 member that has been here before I've gotten my E70, and so far, except for one minor glitch (backup camera), I have had no problems on my 3.0si. I see maybe one E70 a day, and I know they all can't be having problems....

Of course not but perhaps here's the concern.

http://www.nytimes.com/2007/08/26/au...bacbaa&ei=5070

great article... see how sneaky these dealers can be???

again, if it doesn't work, after repeated attempts, take it back....lemon, buy back, whatever you want to call it....take it back!!!

that's what he's asking and that's what we should be telling him....

just in case the dealers gives you a hard time....

http://www.lemonauto.com/complaints/bmw/x5.htm

wrong models

My 3.0d X5 only 2300km has been in 5 times for an oil leak. After getting it back on the 4th time the front fender was badly scratched and still leaking. In their spray shop now and no idea about the oil leak. I insisted on a replacement which I was assured would be given. I was told I must get one that is already in the system and then told none available until Jan delivery. That was fine so I placed an order for Jan and asked for the transaction to be in writing only to be told that they need to confirm with BMW.. Now I am told that I must get one in the system as there will be depreciation on my 2007 as the Jan delivery will be 2008 and I would have to pay a big difference. I am also told that the ones in the system may not be as highly specd as mine. I await to see what is in the system on monday. I feel I should not have to downgrade and the loss should be the dealers or bmw for having failed to repair and do damage to the fender. I mean 5 times really. In South Africa there is no lemon law and the dealer make as though they are doing me a favour. They indicate the warranty gives them the right to repair. This is all so frustrating and has been going on for a mounth. I have had an X3. 3,5,7 series loaners. I am so stressed by all this. ps the car cost me $100k.

I don't think I have a problem selling the dealer the car back if that's what I decide to do. BMW Service still cannot get to the source of the problem and we've talked about switching out the ECU.

I know the process of wanting to sell my car back to the dealer is a VERY long operation. I'm really hoping they can permanently fix this problem.

I only have 4,000 miles on this car! I'm going to be getting a loaner car next week along side my M5 which hope to God doesn't have the same problems. It is an 08 compared to an 07 X5 so hopefully there won't be any problem let alone any from the start.

Ill keep you guys updated.

Update see first post.

Would not hurt to start consulting with a lawyer

http://www.californialemonlawattorneys.com/

you see?? after repeated attempts to resolve the exact same issue BMW still continues to ignore this customer...

he has every right to file a claim and take legal action... I would!!!

BMW must step up and take responsibilty!! END OF STORY!!

who's knows how many others are also being ignored!!

its a conspiracy...all BMW's are made by VW in Mexico. They dont want us to find out the truth. We cant handle the truth.

My previous X5 lease was with the same dealer and I was never happy with them because they have a very limited number of X3 loaners. They will always send me to their in house Enterprise rental and issue crappy compacts for loaners. I complained several times and they did not do anything about it. Their service manager was always on the phone or MIA, the same reason why I never went back to that place. It's unfortunate given the fact they they're located in an upscale neighborhood and you would think that they will provide better service. Good luck.

Our X5 recently had similar problems. First, lots and lots of errors, then it wouldn't start. Had to be towed to the garage. They tried a few things then had to speak to BMW Germany as they ran out of ideas. Turned out to be the main/central computer control unit. This is what they plugged their diagnostics in to to get fault reports. Because that unit was faulty, it was giving inaccurate diagnostic data. Not only did this lead the engineers on a wild goose chase, but the faulty central computer gave all these fake errors and caused the car to shut down. Swapped it out, and the car has been great since.

It pretty much matches the description of my car but when they tried to change out the ECU and program it, the car would not accept it.

sounds similar to me
2 weeks without my 1 day old x5 4.8i
they went through a bunch of possibilities but then they found out it was the mechatronik
replaced it, reprogrammed to v27 and it's been fine (2 days now) so far.

my first loaner was from enterprise... a BS PT cruiser but after much complaining i got put into a 3 series which to me is still not good enough but it's better than a pt.

good luck.

Mine was in for 33 days and they could not reprogram the ECU, and after a certain amount of days in the shop they must buy the car back, which they did.

did they pay full price?? (It's expected..)

Maybe board moderators oughta put the VIN # as a sticky in case an unsuspecting board member or acquiantence attempts to buy it as a CPO.

Would suck to have it come back here to someone else...

ED

great idea!! we should track these vehicles or at least have a sticky for the major problems reported... (build date, etc)

Update in original post.

AMG's are sweet! Sorry about all the trouble with the X5, and I'm really glad that in the end...they made it right.

good luck to you... the AMG is nice too!! hope you have better luck with MB..

you're gonna love the engine in your new E63amg. I have a CLS 63 AMG which has the same engine and I fell in love with it at the dealer as well.

hi just curious, what exactly makes a lemon bimmer lemon? were there an official explanation by BMW or any dealers? what are the odds of so many parts to go bad in a single car??? bad computer chip?

Sorry to hear about that, the ML63 is a beauty though! I hear that thing is VERYYYY quick too (just heard today from someone who drove one). I've had my share of problems with my 1st-3rd visit to Bob Smith service. Started from the service advisor telling me it's normal that the air conditioner turns on every time I start the car... even though I turn it off prior to coming to a stop and shutting off the car. Problem still not fixed.

E63 AMG, an M5, what next? ;)

Loads of computer and ECU malfunctions throughout the car. Parking break malfunction, transmission malfunction, ECU malfuntion (car cannot go freeway speed) and many other malfunctions. It would go away after restarting the car, but then the warning did not go away. The car was in service 4-5 times and I think if your car has been in service for the same problem you may claim a lemon law. Could be wrong but they could not fix the malfunctions when they did no go away.

Ferrari 599 and maybe BMW M3;)

Why do you have an M5 too?

:nanana:

Why do you have two Audis?

:nanana:

Because I love them.

Because he loves them. :rofl: