Lemon
 

Well. Took my X5 in for third time today for airbag malfunction. Also mentioned saw a drop of oil-like fluid in garage.

They have been unable to cure airbag issue, despite talking with BMW Tech support. AND. . . . front diff seal has leak.:yikes: Need to replace front diff!! This will take a week.

Tomorrow will mark first month on owning the car. Has been in too many times. 3rd time for the airbag. It's been in service about 10 days (plus the upcoming week).

I spoke with the manager. HE asked, Should I tell BMW you don't want the car back? He agrees we should proceed with applying for a "trade assist" and seemed confident it would happen. I told him I can probably lemon the car myself (airbag is a safety isssue). He says he expects to hear from BMW shortly. I am disappointed in the quality and hope BMW will step up and quickly replace the car. The manager said they have done trade assists before. Anyone have any experience? IF BMW agrees they either order or find one to your liking.

END of RANT. . . . for now

What happens to the vehicle AFTER it's been lemoned? Do they simply try and fix it again for the 4th time and put it on the lot for sale? The title of the vehicle should state it is a 'manufacturer buyback' but do they actually tell you that? I have heard of many vehicles being lemoned but I have never actually seen one advertised anywhere where they tell you up front. I guess you wouldn't know unless you did a search on it yourself!

I've always wondered this too...

To the OP, good luck!

I think they have to tell the buyer, it's a buy back by law. At least in Missouri.
I've seen cars on Ebay that were buy backs. Is it true, if BMW purchases the car back, the next one if it has problems, it's on you?

Craig

Good question OP on the lemons and where they go. I always wondered if the companies take them back and overhaul them -- then toss them into the CPO program?

Keep us posted on how things go. I am also having nasty issues with my X5. First time in seven BMWs that I have had major problems. BMW has always been good to work with for me, hopefully that stretch will continue.

I am going through the same thing right now with my 535i. Been towed in 3 times in the last 4 weeks, and been in for engine problems and electrical problems 6 times in one year. Had fuel pump replaced. They had more fuel pump issues. Then had fuel injectors replaced. Also have had electrical problems. I am suppose to hear from BMW tomorrow as to what is happening. If they do a trade, I am hoping to get into the X5. I just hope I don't have the same problems all over again.

I did a google search and could find very little. One thread on another site talked about a person buying a 3 series or M5 (I forget which) that was labeled a "trade assist" so I think it shows up somewhere. From what I read, you sign an agreement and can never talk about it so that is why there isn't much info. They don't want it lemoned, b/c these are hard to sell. Read that some banks won't give loan on such a vehicle.

THe wait is going to kill me. I will probably call every two days or so.

Good luck, I hope it works out well...

Craig

Thanks.

I saw an Ebay listing a while back for a 2008 X5 4.8 Sports Pkg-- fully loaded with about 10K miles. The seller from a dealer (not BMW), did state it was a buy-back that it had a power steering problem, but he claimed BMW fixed the problem and has a certificate on the fix (not sure if it's warranteed, if so how long). Anyways, that car sold for 44,900 I believe -- which is a good price for an fully loaded 08. I always wondered if the issue is really solved for a buy-back car.

I suspect that the reason your search yielded little, is that BMW usually requires that buyback customers sign a confidentiality agreement.

Yeah, I read posts on other forums that implied this. I suspect if it is taken back, all I will be able to say is "it is taken care of."

Correct, that is about all you will be able to say

Hope I don't have to wait too long before I can say it.

If the price is good and the issues are fixed I would not hesitate to buy one.
After all, if you can save a few thousand for the sake of a refurbished diff and a new airbag unit, what's the problem?
My 04 E60 had tons of issues in the beginning. All got resolved and I got more freebies than I could possibly wish for.

So you are a believer that a car can be repaired? I don't mean that in a sarcastic way. It just seems that some cars have a chain of issues almost like they were built on the wrong day of the week.

I am starting to go through a similar process to OP. Sadly BMW wasn't as much help as I hoped initially. I'm trying to figure out where I draw the line and quit fixing the car.

I am saying I don't believe a car can be jinxed. These are just technical issues.
The trick would be to give them time and get them to fix everything and get compensated (read: milk 'em for all they have to give). There is a lot they can do. An old favourite is for them to replace your runflats 3/4 worn for new ones. The dealership can claim this back if there is (or could be)excessive road noise, they just have to be willing to do you the favor.

I understand you are very disappointed though, I would be too.

I think it is a safety issue. How can I have faith in the passenger airbag/belts when they have been unable to fix the problem and are on their third attempt. What if we are traveling/out of town and it happens again. COuld it deploy incorrectly or fail to deploy when it should. I think this would meet the lemon law criteria. The leak in the front diff is unacceptable for a 30 day old car.

Any thoughts on if I should try to contact BMWUsa myself. I am hopeful that with the dealer on my side it will be resolved quickly.

Another question, how offen should I call the dealer for an update? Everyday? Every couple of days? Manager made it sound like they would receive an answer from BMW quickly.

Minnesota law requires formal notification for the Lemon Law. They recommend you contact the manufacturer and service manager. Obviously each state is different.

I called BMW to let them know what was going on and to make sure that dialog was open between them and my dealer. I just explained my expectations to them (in a very calm manner).

A documentation trail is key along with a good relationship with your dealer.

I think the relationship with the manager is good. He is the one who told me about the "trade assist" and is starting the dialogue with BMW. He agrees the airbag is a safety issue and even said that if approved they will find an acceptable replacement or build one. He also said that BMW will want to resolve this quickly and that they have done trade assists before. Of course I am ready to pick out a replacement right now, but I know it will take some time. I am driving a 3.0 X5 now. The 8 is a lot faster.

Hmm, wouldn't it be an idea for you tell THEM what you want, rather than them telling you what you can have?

I want a new one. I have heard (read) that sometimes they find one with more features than you originally had and give the car to you at no extra cost. For me, the first step is for BMW to acknowledge it needs to be replaced.

If that is what you want, go for it.

That would be the tactic to follow then; I do not feel the family is as safe as they could be in this car and I want a new one, exact same spec or better.

As said above, make sure you document every single little bit of communication. Names, dates, times and contents.

Good luck to you.

ag i too got a 3.0 e70 for the wifee about 6 weeks ago and have had the same prob ! she was getting the airbag malf and the tensioner's were'nt working (shes prego aswell)

took it in once they fixed it up 4 days , they changed sensors ,then about 2 weeks later again they keep it 8 days changing everything from airbags to the seat cushion's , this time cause i was throwing the lemon word around , then they let the head tech take it home for a 50+ mile drive just to make sure it was corrected and now for 3 weeks its been good but believe me if it happenns again that truck will have the fruit on the title !!

as for the others wondering what happens in these types of cases , bmw buys the car back and fixes but the title must say buy back lemon , which diminishes the value of the car by some 30+% due to resale value !

Mine airbag sensor was reset morning after purchase. Brought back next day with airbag warning and seat calibration warning and adaptive headlight failure warning. Replaced seat control module which "fixed airbag warning" and replace driver's headlight. Then, computer told them to replace headlight control module. All's well for two weeks when airbag warning on again. Also noticed small stain on garage floor.

As of yesterday, even talking to BMW they can't get airbag fixed. And, leak is from bad front diff seal. Need to replace. That's where I am now.

I have got -98 E46 and -98 E39 and both had that same airbag problem. They were fixed by BMW by changing some wires under seats. Both cars had that issue several times. I have red these BMW forums in different countries and everywhere exists this same airbag thing no matter what model or modelyear. That is so sad they can't fix it. And now again. I am seriously rethinking what I am gonna buy. Really can't stand those BMW airbag problems anymore.

And yes, I asked this "lemon" thing and they thought I was crazy or something. They told that it is so sophisticated system that it can be different problem everytime :yikes:. And because both cars were few years old I should expect somekind of problems with the cars :yikes:. Well, not that kind of problems, I think.

For me it is a safety issue. How can I trust the passenger airbag to work correctly?

In "CAL E FORN UA" we actually have a very viable "Leomon Law". X number of documented trips to the dealer moves you into the qualify zone and the vehicle is replaced. As I recall in researching the law, the vehicle is then put back on the "open market" to some other unsupecting schumck. I did not read nor recall a "stipulater" i.e., a full disclosure document which had to accompany the "lemon". Had I read that..advanced age that I am, I am certain I would have remembered it. My "heart-gos-out-to-ya" and but for the grace of God...there go I. Good Luck!!!!!!!!!!

Good luck Ag4.8...you deserve a replacement

Exactly, that's the point.

Good Luck!

It is amaizing sometimes... I bought my X5 4.8 from the same dealer and, knock on wood, no issues at all after 6 months!!

I don't blame the dealer. The car is clearly a lemon. Should have gotten the black/tobacco one they also had instead (ha)

That's what I want, Black/Tobacco. My sales associate told me not to get tobacco because it looked purple-ish. It doesn't look that way at all to me in the pics. What are your thoughts on the color?

I have a friend who has tobacco interior and it doesn't look purple-ish.

Craig

That's good to know because that is the interior I really wanted and he really bummed me out when he told me that. I think I will change back to Tobacco.

Colour is a matter of taste... tobacco IMHO is an excellent choice!

Tobacco was just ok to me. Really looks brown and contrast with black dash was not that great. I have AW with beige and I like the contrast (with the sport package). Black exterior also requires much more upkeep. Ironically, I have had a 35d and now a 3.0 to drive during my repairs and both are black/black. So the color is growing on me. I would consider just about any color now.

The wonderful HPFP!..... coming from E92 335i owner.... I am on my 3rd HPFP....

Any update Ag4.8?

Well. I have great news. The manager called and the vehicle will be replaced. Identical specs. Supposed to be built next week. The dealer really went to work for me and BMW has come through. I don't have any details yet and suppose I won't be able to provide them once it happens.

Man, you chaps are so lucky in the States with those Lemon Laws. We don't have any here, you can even get a replacement within a couple weeks.

Man I had to just about go to court to get my first E70 replaced, fought like the devil. Had to get independent engineers to certify the problem was un-repairable because BMW was yet to develop the fix and that I was not going to wait 12 months for them to do it.

Anyway they replaced the X5, took months, we have no guidelines here so they can just keep repairing or trying to repair as long as they like. The service departments are not to blame, they get stuck in the middle, it's the head office that's the problem. Anyway we will probably get the Lemon Laws here in another 3-4 years, its not only BMW but more and more people are coming forward about there car company not treating them right and the Government will have to act once this recession goes and the car companies are more profitable once again.

Anyway it's good news there replacing your X5:thumbup:

Great to hear a happy ending considering what the OP went through.

Not sure if congrats is the proper word but congrats anyway.