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#1
09-06-2007, 08:03 PM
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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... Last edited by topgear66; 02-21-2008 at 11:26 PM. 
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#2
09-06-2007, 08:08 PM
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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.
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#3
09-06-2007, 08:34 PM
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But if they are willing to buy it back what's the need to enforce the lemon law?
__________________
"What you hear in a great jazz band is the sound of democracy. “The jazz band works best when participation is shaped by intelligent communication.” Harmony happens whenever different parts get to form a whole by means of congruity, concord, symetry, consistency, conformity, correspondence, agreement, accord, unity, consonance……. 
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#4
09-06-2007, 09:25 PM
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Quote:
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#5
09-06-2007, 10:11 PM
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Quote:
 Very little chance they will fix it properly after they buy it back if they couldn't fix it before.
__________________
Wake up every day that would be a start.
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#6
09-06-2007, 10:11 PM
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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....
__________________
2012 X5 50i M-Sport 2014 X3 35i M-Sport
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#8
09-07-2007, 01:25 AM
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Of course not but perhaps here's the concern.
http://www.nytimes.com/2007/08/26/au...bacbaa&ei=5070 Quote:
__________________
"What you hear in a great jazz band is the sound of democracy. “The jazz band works best when participation is shaped by intelligent communication.” Harmony happens whenever different parts get to form a whole by means of congruity, concord, symetry, consistency, conformity, correspondence, agreement, accord, unity, consonance…….
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#9
09-07-2007, 06:16 PM
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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....
__________________
2012 X5 50i M-Sport 2014 X3 35i M-Sport
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#10
09-07-2007, 11:43 PM
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__________________
2012 X5 50i M-Sport 2014 X3 35i M-Sport
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