Welcome to Bimmerfest -- The #1 Online Community for BMW related information! Please enjoy the discussion forums below and share your experiences with the 200,000 current, new and past BMW owners. The forums are broken out by car model and into other special interest sections such as BMW European Delivery and a special forum to voice your questions to the many BMW dealers on the site to assist our members!

Please follow the links below to help get you started!

Go Back   Bimmerfest - BMW Forums > BMW Model Discussions > 3 Series / 4 Series > E90/E91/E92/E93 (2006 - 2013)

E90/E91/E92/E93 (2006 - 2013)
The E9X is the 4th evolution of the BMW 3 series including a highly tuned twin turbo 335i variant pushing out 300hp and 300 ft. lbs. of torque. BMW continues to show that it sets the bar for true driving performance! -- View the E9X Wiki

Reply
 
Thread Tools Display Modes
  #1  
Old 08-29-2011, 08:05 PM
XeroxGuy XeroxGuy is offline
Registered User
Location: Minneapolis
 
Join Date: Aug 2011
Posts: 13
Mein Auto: 2008 335i
Really Bad Start for a First Time 335i Buyer

So I have been shopping for a vehicle the last month since my corporate fleet was due for return August 30th. The last few years have been good sales wise, and I thought it would be nice to splurge a bit and get something a few steps up from the VW's and Ford's I've had as of late. The toughest decision was deciding whether to lease a new Infiniti, or buy a used Audi/BMW/Benz. After countless hours of research and many, many test drives, I decided the 2008 335i coupe was the vehicle for me. The hardest part was finding a CPO coupe, low miles, with decent options at a negotiable price. After negotiating with a number of dealers, both in and out of state, I found a dealer with the right vehicle at the right price. 2008 335i, 30,000 miles, sport package, premium package, cold weather package and Logic 7.

After negotiating everything over the phone on Thursday the 18th, I took a flight to Saint Louis that evening to pick up the car Friday morning. Suntrup BMW in Ballwin picked me up from my hotel Friday morning, took me to the dealership to test drive/inspect the vehicle and finalize the paperwork. I walked in the door around 8:45 and was on my way back to Minneapolis around 10:30. Not bad considering they spent an hour detailing it. Needless to say it was an exhilarating first 3 hours for me. 90 degrees and sunny, windows down, moonroof open, and the Stones blasting on the amazing sound system.

About 200 miles into the drive, the SES light illuminated on the dash. My first action being a new BMW buyer and not knowing what this meant was to pull over and consult the service manual. Somewhat freaked out, I called my sales rep back to inform him what happened. He asked if I had filled up recently, which I had, and if I made sure the gas cap clicked when I closed it. I said I couldn't be sure and he indicated this was a common mistake by new BMW buyers and it should go away by the time I got home. If not, I could drop it at my local BMW dealership to have them look at it. After a roughly 9 hour drive, I was more surprised I wasn't feeling any aches/paines like I would in my Passat or Fusion after 3. However, the service light was still illuminated on the dash...

Wake up Saturday morning, take my bug ridden new baby to the hand wash down the street. I am still quite concerned that the SES light is on and decide I should call my local BMW dealership in Minnetonka. They were extremely helpful over the phone and had me drop the vehicle off the Sunday evening for a check Monday morning. My Service Advisor called me Monday afternoon letting me know they replaced some sensors, fuel pump, and maybe a DTML Pump (spelling? don't have my service sheet in front of me). I picked up the car Monday evening and everything was back to normal. Fast Forward to Wednesday afternoon.

I was leaving a business lunch around noon on Wednesday and BAM, SES light pops on as I'm pulling out of the parking lot. On the way back to the office, I call my Service Advisor letting him know I wanted to bring it back in. He made an appointment for me Thursday morning and a 20011 328i loaner was waiting for me. Update at end of day Thursday was no news. Service Advisor said they were still trying to determine the issue and BMW NA needed to review the data since it came back so soon.

Friday end of day update was a puzzled call from my Service Advisor that they still could not determine what the issue was and BMW NA wanted them to keep it for the weekend to see if the problem could replicate.

Today, Monday morning, Service Advisor calls around 9:30 AM. "Doug, I've got some bad news. After tearing your car apart, we determined the errors were being caused by faulty wires." Great I said, thats why I bought a CPO, even though I have 6 months left on my factory warranty. "See, here's the thing Doug, the reason the wires are bad is it looks like Mice have been eating away at them and thats why they're sending bad signals." We're looking at roughly 2 grand in repair costs here.

To be fair, the SA I've been working with has been top notch in my mind. To be honest, from the moment I drove my vehicle into the BMW Service Bay, through the phone conversation, I told myself this is just the great customer service you get with a vehicle like this. After discussing my out of state purchase situation, and how this problem originally exhibited itself the day I purchased the vehicle, I was unsure how to proceed. The SA was frank and said if I had bought it from them, we could go right to their Used Car Manager and have them cut a check for the repairs. However, I did not buy it from Minnetonka BMW, I bought it from Suntrup BMW in MO. We were both on the same page that this could not have happened on the drive back from MO, and was like this when it left the lot. He did say, however, that this would not be something the selling dealership would have uncovered in a CPO inspection, unless they had just reset the SES light without determining the issue.

That leaves me in the position I'm in this evening. The selling dealership is taking the position this is really a "grey area" and we cannot assume the vehicle left our lot like that. The Used Car Manager even went as far to say "how do we know a mouse didnt jump in on the drive back and go to town on the wires?" I communicated to the Used Car Manager that I expected his GM to call me by the end of business as I had spoken with the Used Car Manager twice throughout the day. The Used Car Manager said he would have the GM get in touch with me, but they where in no way willing to take responsibility, or cover any repairs from my local BMW Service Center. He wouldn't even commit to covering the repairs if the vehicle was serviced by their shop.

Quite frankly, I am really, really frustrated at this point. I've owned this car for a total of 10 days, and its been in the shop for 7 of them

I'm not sure what I can expect here, which is why I'm posting on this forum looking for some feedback. In my mind, I cannot accept that this vehicle did not have this problem when it left the lot. Because of that, I told the Used Car Manager I expect one of the following things to happen:

1. Suntrup pay for the repairs to be performed at BMW of Minnetonka
2. Suntrup pay for the transportation for the vehicle to be repaired at their facility at no cost to me.
3. Offer to repurchase the vehicle.

When the GM did not contact me by 5pm central, I reached out to BMW NA customer service to file a complaint. The representative was very, very apologetic, and left a message for the Suntrup GM while I waited on hold. She opened a formal complaint on my behalf and said I should expect a call tomorrow, and if not, to call her back.

What do I do here guys? I really want to love this purchase, but this is turning into a nightmare of a situation, and the purchasing dealer is really taking a hard stance as of now. If the board consensus is Iím SOL, please tell me. If you feel the dealer is in the wrong based on the information I have provided, what should my next steps be? I am really not motivated to pursue legal action due to the cost/headaches involved, but maybe a formal complaint to the MO Attorney General and BBB, along with the BMW NA assistance can provide enough leverage?

Thank you for reading this incredibly long post. I know its my first, and we usually like them to be on a bit of a different noteÖ I look forward to your replies.

Regards,

Doug
Reply With Quote
Ads by Google
  #2  
Old 08-29-2011, 08:51 PM
CALWATERBOY's Avatar
CALWATERBOY CALWATERBOY is offline
Officially Welcomed to the 'Fest
Location: San Francisco
 
Join Date: Aug 2009
Posts: 10,009
Mein Auto: 2009 E93 N54
Quote:
Originally Posted by XeroxGuy View Post

The selling dealership is taking the position this is really a "grey area" and we cannot assume the vehicle left our lot like that. The Used Car Manager even went as far to say "how do we know a mouse didnt jump in on the drive back and go to town on the wires?"
Superb.

Excellent!

Immediately take picures, noting any oxidation/old appearance of exposed wires. Layer of dirt is good - be honest.

Call back as a conference call with two mechanics who will testify, discuss what's wrong presenting them as knowledgable re: your problem, get selling dealer to say above, and you can sue!

Whatta case. No judge would ignore comments like these, and they'd better not go in front of him again saying anything like that!

Downside: You'll have to pay, what, $40? To submit a small claim. Then, you'll have to show up where you bought it, 'cause that's where you gotta make the claim. Be sure that any settlement includes the entire amount of repair, the submission fee, and your costs of collection....on being served, they may fall all over themselves to pay as right now they really don't expect you to follow through.

Have fun! Good luck to you!
_______________

PS - Why didn't they just insulate the wires?
.

Last edited by CALWATERBOY; 08-29-2011 at 09:01 PM.
Reply With Quote
  #3  
Old 08-29-2011, 11:05 PM
dtc100 dtc100 is offline
Officially Welcomed to the 'Fest
Location: Norcal
 
Join Date: Jan 2011
Posts: 4,694
Mein Auto: 2011 328i
Since it is a CPO, I would contact a local attorney to find out the Lemon Law situation in your state and whether you have a case. Even if they cover the repair, this "mouse ate the wire" thing just does not sit right with me. Could be something bigger they did not want to admit.

In other words, go for #3 solution if all possible, if not, check out other options.
Reply With Quote
  #4  
Old 08-30-2011, 05:17 AM
graphicguy graphicguy is offline
Officially Welcomed to the 'Fest
Location: Cincinnati
 
Join Date: Jul 2006
Posts: 117
Mein Auto: '11 E92 335ix, '13 S4
Quote:
Originally Posted by dtc100 View Post
Since it is a CPO, I would contact a local attorney to find out the Lemon Law situation in your state and whether you have a case. Even if they cover the repair, this "mouse ate the wire" thing just does not sit right with me. Could be something bigger they did not want to admit.

In other words, go for #3 solution if all possible, if not, check out other options.
Yep...based on the selling dealer's response alone, I'd go for a repurchase. To try and claim that a mouse jumped into the car while you drove it home is utterly ridiculous. The fact that they didn't see the wires had been chewed is another sign they didn't check the car all that thoroughly, either. Further, that repair won't cost them $2K. It's going to cost something much less than that given they would do it for much less (assuming the selling dealer works out a deal with the servicing dealer).

This is pretty cut and dry.

Good luck.
Reply With Quote
  #5  
Old 08-30-2011, 05:43 AM
anE934fun anE934fun is offline
Officially Welcomed to the 'Fest
Location: S.F. Bay Area
 
Join Date: May 2008
Posts: 6,780
Mein Auto: 2010 335d
To those legal eagles who are advocating for a lemon law repurchase, have you checked the lemon law of the state where the car was first placed in service? Do you even know where it was first placed in service? Once you have that information, you might be able to advocate for a repurchase.

Personally, I think OP is looking at a small claims action along the lines CAL has outlined. Time for OP to read up on MO small claims procedure. I hope OP liked the drive from MO, because he will be making at least one or two more trips that way.
__________________
Reply With Quote
  #6  
Old 08-30-2011, 06:41 AM
dtc100 dtc100 is offline
Officially Welcomed to the 'Fest
Location: Norcal
 
Join Date: Jan 2011
Posts: 4,694
Mein Auto: 2011 328i
Quote:
Originally Posted by anE934fun View Post
To those legal eagles who are advocating for a lemon law repurchase, have you checked the lemon law of the state where the car was first placed in service? Do you even know where it was first placed in service? Once you have that information, you might be able to advocate for a repurchase.

Personally, I think OP is looking at a small claims action along the lines CAL has outlined. Time for OP to read up on MO small claims procedure. I hope OP liked the drive from MO, because he will be making at least one or two more trips that way.
Which is why I said consult a local attorney to see if he has a case, even if not, the attorney will be able to guide him on how to proceed to build a case, if the dealers continue to give him a hard time.
Reply With Quote
  #7  
Old 08-30-2011, 06:12 AM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,663
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by graphicguy View Post
Yep...based on the selling dealer's response alone, I'd go for a repurchase. To try and claim that a mouse jumped into the car while you drove it home is utterly ridiculous. The fact that they didn't see the wires had been chewed is another sign they didn't check the car all that thoroughly, either. Further, that repair won't cost them $2K. It's going to cost something much less than that given they would do it for much less (assuming the selling dealer works out a deal with the servicing dealer).
To be fair to the selling dealership the service advisor said:

"After tearing your car apart, we determined the errors were being caused by faulty wires."

and:

"He did say, however, that this would not be something the selling dealership would have uncovered in a CPO inspection, unless they had just reset the SES light without determining the issue."
Reply With Quote
  #8  
Old 09-19-2011, 05:51 AM
pylt pylt is offline
Officially Welcomed to the 'Fest
Location: Texas & Florida
 
Join Date: Jun 2003
Posts: 234
Mein Auto: 330i/335i
Quote:
Originally Posted by graphicguy View Post
Yep...based on the selling dealer's response alone, I'd go for a repurchase. To try and claim that a mouse jumped into the car while you drove it home is utterly ridiculous. The fact that they didn't see the wires had been chewed is another sign they didn't check the car all that thoroughly, either. Further, that repair won't cost them $2K. It's going to cost something much less than that given they would do it for much less (assuming the selling dealer works out a deal with the servicing dealer).

This is pretty cut and dry.

Good luck.
Concur, and gets some pics too in case you'll need them later . . . .
Reply With Quote
  #9  
Old 08-30-2011, 05:48 AM
anE934fun anE934fun is offline
Officially Welcomed to the 'Fest
Location: S.F. Bay Area
 
Join Date: May 2008
Posts: 6,780
Mein Auto: 2010 335d
Quote:
Originally Posted by CALWATERBOY View Post
snip...

PS - Why didn't they just insulate the wires?
Then the dealership would be on the hook for any problems that presented going forward. Replacing the wires puts the warranty exposure on BMW NA. Also, depending on which wires were chewed through (optical network), wrapping with tape won't solve the problem.
__________________
Reply With Quote
  #10  
Old 08-30-2011, 05:59 AM
slant83 slant83 is offline
Officially Welcomed to the 'Fest
Location: South Florida
 
Join Date: Dec 2007
Posts: 493
Mein Auto: 2008 335 coupe
..Tony Soprano can easily do an out of state job
__________________

2013 X5
Reply With Quote
  #11  
Old 08-30-2011, 06:20 AM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,663
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by XeroxGuy View Post
I'm not sure what I can expect here, which is why I'm posting on this forum looking for some feedback. In my mind, I cannot accept that this vehicle did not have this problem when it left the lot. Because of that, I told the Used Car Manager I expect one of the following things to happen:

1. Suntrup pay for the repairs to be performed at BMW of Minnetonka
2. Suntrup pay for the transportation for the vehicle to be repaired at their facility at no cost to me.
3. Offer to repurchase the vehicle.
I think these are reasonable options but they rely on convincing Suntrup BMW they should have discovered this problem during the PPO. Something that might be difficult given the comments made by the SA of BMW of Minnetonka.
Reply With Quote
  #12  
Old 08-30-2011, 07:11 AM
boilers93 boilers93 is offline
Officially Welcomed to the 'Fest
Location: Cincinnati, Ohio
 
Join Date: Mar 2011
Posts: 514
Mein Auto: 2007 335i coupe stick
I think the title of your post is a little misleading. Assuming that your Minnetonka dealership's diagnosis is right on both counts (that chewed up wires are the problem and that problem was caused by mice), a big assumption I know, you have a problem with a used car dealer, in this case Suntrup BMW, that may or may not have a legal remedy.

First, you need to accept the fact that it is possible that this is an assumption of risk you took on in purchasing this used car and that, in fact, you may be the one responsible for the repairs. I don't believe that you have even considered this option yet, so I want you to do so. This all depends on the contracts you signed and the laws in the state where you bought the vehicle. I am not qualified to comment on either so I won't do so.

The only other thing I will say is that it is possible that the state you purchased the vehicle from has a mandatory return period for car purchases during which you can return the car. Of course, you will be liable for getting the car back from whence it came and mileage. Given your circumstances, this probably will not be a viable option. I do not believe this is a lemon law case as I thought lemon laws generally only applied to new car purchases. Your purchase likely was as-is.

The only way I see for sure that you would have a really strong case against Suntrup is if they were aware of this issue and attempted to cover it up. Possible? Sure. I am not sure it is likely or how you would even prove it.

Good luck!
Reply With Quote
  #13  
Old 08-30-2011, 08:51 AM
Eights-n-Aces's Avatar
Eights-n-Aces Eights-n-Aces is offline
Paid Up Though June
Location: Weston, FL
 
Join Date: Dec 2009
Posts: 342
Mein Auto: E93
Quote:
Originally Posted by boilers93 View Post
The only other thing I will say is that it is possible that the state you purchased the vehicle from has a mandatory return period for car purchases during which you can return the car.
MO does not. "Car returns - There is no state law allowing a buyer to return a car within a set time and expect a full or partial refund." MO Attorney General "All About Autos" Page
__________________
http://pic90.picturetrail.com/VOL2151/2268046/4440060/399854242.jpg
Reply With Quote
  #14  
Old 08-30-2011, 08:53 AM
Eights-n-Aces's Avatar
Eights-n-Aces Eights-n-Aces is offline
Paid Up Though June
Location: Weston, FL
 
Join Date: Dec 2009
Posts: 342
Mein Auto: E93
Lemon Law
The Missouri New Vehicles Warranty Law, commonly called the "Lemon Law," protects buyers of new vehicles by enforcing the manufacturer's express warranty. The Lemon Law does not apply to used cars.

(See link in above post)
__________________
http://pic90.picturetrail.com/VOL2151/2268046/4440060/399854242.jpg
Reply With Quote
  #15  
Old 08-30-2011, 09:08 AM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,663
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by Eights-n-Aces View Post
Lemon Law
The Missouri New Vehicles Warranty Law, commonly called the "Lemon Law," protects buyers of new vehicles by enforcing the manufacturer's express warranty. The Lemon Law does not apply to used cars.

(See link in above post)
Nor would it apply to damage resulting from mice chewing through wires.
Reply With Quote
  #16  
Old 08-30-2011, 11:39 AM
anE934fun anE934fun is offline
Officially Welcomed to the 'Fest
Location: S.F. Bay Area
 
Join Date: May 2008
Posts: 6,780
Mein Auto: 2010 335d
Quote:
Originally Posted by Eights-n-Aces View Post
Lemon Law
The Missouri New Vehicles Warranty Law, commonly called the "Lemon Law," protects buyers of new vehicles by enforcing the manufacturer's express warranty. The Lemon Law does not apply to used cars.

(See link in above post)
IF the OPs car was first sold at retail in MO (still haven't determined that little fact as yet), it would seem that MO lemon law does not apply (used car purchase).
__________________
Reply With Quote
  #17  
Old 08-30-2011, 10:12 AM
dtc100 dtc100 is offline
Officially Welcomed to the 'Fest
Location: Norcal
 
Join Date: Jan 2011
Posts: 4,694
Mein Auto: 2011 328i
Quote:
Originally Posted by jagu View Post
Unfortunately, there won't be too many attorneys jumping on a $2000 case.

Write the sales manager a nice letter on exactly what you want done.
This is not a $2k case, a car costs a lot more than a small claims would cover.

Lemon Law covers warranty related protection issues, it is not exclusive to new products. In CA a CPO is also covered under Lemon Law. Speak to a local Lemon attorney.
Reply With Quote
  #18  
Old 08-30-2011, 10:15 AM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,663
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by dtc100 View Post
This is not a $2k case, a car costs a lot more than a small claims would cover.
The repair, at $2,000, is well within the small claims court limits. It's unlikely he'll be awarded the return of the car when $2,000 will repair the damage.

Quote:
Originally Posted by dtc100 View Post
Lemon Law covers warranty related protection issues, it is not exclusive to new products. In CA a CPO is also covered under Lemon Law. Speak to a local Lemon attorney.
Mice chewing through wires is not a warranty / manufacturer related issue. It makes no sense to contact a lemon law attorney unless the OP has reason to believe the problem is not due to mice causing the damage.
Reply With Quote
  #19  
Old 08-30-2011, 10:23 AM
thekurgan's Avatar
thekurgan thekurgan is offline
Bad Lieutenant
Location: Sacramento, CA
 
Join Date: Jul 2007
Posts: 5,755
Mein Auto: S65B40 Powered
Mice chewing wires should be covered by comprehensive on just about any insurance policy. Pay the deductible and get it fixed.
__________________

08 E90M3 6MT Alpinweiss/Schwartz/BMW Pedals/Dinan Exhaust
Reply With Quote
  #20  
Old 08-30-2011, 11:41 AM
anE934fun anE934fun is offline
Officially Welcomed to the 'Fest
Location: S.F. Bay Area
 
Join Date: May 2008
Posts: 6,780
Mein Auto: 2010 335d
Quote:
Originally Posted by thekurgan View Post
Mice chewing wires should be covered by comprehensive on just about any insurance policy. Pay the deductible and get it fixed.
Ordinarily, I would agree with you, but since the damage occurred prior to the OP taking delivery of the car, the OPs insurance company could reasonably argue that the damage occurred prior to when the car was covered under the OPs policy.

I still think the OP is looking at a small claims action in MO.
__________________
Reply With Quote
  #21  
Old 08-30-2011, 11:54 AM
thekurgan's Avatar
thekurgan thekurgan is offline
Bad Lieutenant
Location: Sacramento, CA
 
Join Date: Jul 2007
Posts: 5,755
Mein Auto: S65B40 Powered
Quote:
Originally Posted by anE934fun View Post
Ordinarily, I would agree with you, but since the damage occurred prior to the OP taking delivery of the car, the OPs insurance company could reasonably argue that the damage occurred prior to when the car was covered under the OPs policy.

I still think the OP is looking at a small claims action in MO.
If this is true ....
__________________

08 E90M3 6MT Alpinweiss/Schwartz/BMW Pedals/Dinan Exhaust
Reply With Quote
  #22  
Old 08-30-2011, 11:57 AM
XeroxGuy XeroxGuy is offline
Registered User
Location: Minneapolis
 
Join Date: Aug 2011
Posts: 13
Mein Auto: 2008 335i
First off, I certainly appreciate the responses to date. As of 1:56pm central time, I have not received a return call from the GM. This is after BMWNA left a message for the GM early yesterday evening.

I have considered the insurance route, but I am reluctant at this point as I would not only have to take a hit on my premium, eat $1k, but also report that it happened on my property. I worked at a large insurance broker for several years and I do not believe the carrier would accept a claim on the basis it occured prior to me taking ownership.

I have not yet engaged my legal consultant. I believe the GM should be given an opportunity to contact me and try to resolve this. I am not impressed that my calls have not been returned, nor that Suntrup has not contacted BMW of Minntonka to discuss the service findings with their Service Manager. I am not sure what is a reasonable amount of time to let them respond in this situation. It appears in MO a Lemon Law doesn't apply, regardless of this being a CPO vehicle. I'm not sure if it makes a difference the original dealership sold this in Indiana. It appears, in fact, that a user on a different message board I posted this on is actually the private party who sold it to Suntrup. I am waiting for some additional detail from this party if that is the case.

I will update this thread with additional details as I know more. Thank you again for the feedback and comments to date.

Regards,

Doug
Reply With Quote
  #23  
Old 08-30-2011, 12:05 PM
anE934fun anE934fun is offline
Officially Welcomed to the 'Fest
Location: S.F. Bay Area
 
Join Date: May 2008
Posts: 6,780
Mein Auto: 2010 335d
Quote:
Originally Posted by XeroxGuy View Post
First off, I certainly appreciate the responses to date. As of 1:56pm central time, I have not received a return call from the GM. This is after BMWNA left a message for the GM early yesterday evening.
This should tell you all you need to know. You are on your own as regards Suntrup.

Quote:
I have considered the insurance route, but I am reluctant at this point as I would not only have to take a hit on my premium, eat $1k, but also report that it happened on my property. I worked at a large insurance broker for several years and I do not believe the carrier would accept a claim on the basis it occured prior to me taking ownership.
Yup, you would have an uphill battle having to prove the damage occurred in the short time you have owned the car. As regards a hit to your rates, Comprehensive claims generally don't result in premium increases.

Quote:
I have not yet engaged my legal consultant. I believe the GM should be given an opportunity to contact me and try to resolve this. I am not impressed that my calls have not been returned, nor that Suntrup has not contacted BMW of Minntonka to discuss the service findings with their Service Manager. I am not sure what is a reasonable amount of time to let them respond in this situation. It appears in MO a Lemon Law doesn't apply, regardless of this being a CPO vehicle. I'm not sure if it makes a difference the original dealership sold this in Indiana. It appears, in fact, that a user on a different message board I posted this on is actually the private party who sold it to Suntrup. I am waiting for some additional detail from this party if that is the case.
Sounds like time to research Indiana lemon law. Otherwise, you are likely looking at a small claims action in MO.

One possible alternative if you can contact the original purchaser of the car (who arguably sustained the mice damage) is to have them file a claim with their insurance company for the mice damage. But that requires the original purchaser to take an action that they really have no motivation to take, since they are out of the picture.
__________________
Reply With Quote
  #24  
Old 08-30-2011, 12:18 PM
boilers93 boilers93 is offline
Officially Welcomed to the 'Fest
Location: Cincinnati, Ohio
 
Join Date: Mar 2011
Posts: 514
Mein Auto: 2007 335i coupe stick
Quote:
Originally Posted by anE934fun View Post
Sounds like time to research Indiana lemon law. Otherwise, you are likely looking at a small claims action in MO.
Why would he have any claim under Indiana lemon laws? The OP doesn't have any nexus whatsoever with Indiana.

More importantly, why does anyone think that lemon laws would have any relationship to this situation whatsoever? First of all, most lemon laws deal only with the sale of new cars. Second of all, lemon laws generally are for situations where a car has repeated problems that a dealer cannot (or does not) fix. That is not the case here.

The issues here are fairly simple to me. Is the diagnosis by the Minnetonka BMW service center accurate? If so, did Suntrup know about the problem when they sold it to you? I don't know what your contracts say, but my guess is that if Suntrup did not know about the problem, they had no duty to fix it. And if the CPO or original warranty doesn't cover the problem, the cost for the fix is on you.

If it were me, I would be spending my time trying to convince the Minnetonka BMW service advisor that his initial diagnosis of mice was probably not correct and that it probably was caused by some event that would be covered under the original warranty. I would also let him know how grateful you would be if that were the case and how you would never consider going anywhere else for service work (either warranty or non-warranty) should they be able to resolve it that way.

Last edited by boilers93; 08-30-2011 at 12:22 PM.
Reply With Quote
  #25  
Old 08-30-2011, 12:16 PM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,663
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by XeroxGuy View Post
First off, I certainly appreciate the responses to date. As of 1:56pm central time, I have not received a return call from the GM. This is after BMWNA left a message for the GM early yesterday evening.

I have considered the insurance route, but I am reluctant at this point as I would not only have to take a hit on my premium, eat $1k, but also report that it happened on my property. I worked at a large insurance broker for several years and I do not believe the carrier would accept a claim on the basis it occured prior to me taking ownership.

I have not yet engaged my legal consultant. I believe the GM should be given an opportunity to contact me and try to resolve this. I am not impressed that my calls have not been returned, nor that Suntrup has not contacted BMW of Minntonka to discuss the service findings with their Service Manager. I am not sure what is a reasonable amount of time to let them respond in this situation. It appears in MO a Lemon Law doesn't apply, regardless of this being a CPO vehicle. I'm not sure if it makes a difference the original dealership sold this in Indiana. It appears, in fact, that a user on a different message board I posted this on is actually the private party who sold it to Suntrup. I am waiting for some additional detail from this party if that is the case.

I will update this thread with additional details as I know more. Thank you again for the feedback and comments to date.
If you end up having to pay for the repair yourself $2,000 seems reasonable given the work to be performed. I swear I've read stories where people have had to have wiring replaced and it was much higher than a couple of thousand.

Once fixed and behind you I think you'll certainly enjoy your car (assuming there's no other unknown damage caused by the mice) and this will be but a bump on the road.
Reply With Quote
Reply

Bookmarks


Forum Navigation
Go Back   Bimmerfest - BMW Forums > BMW Model Discussions > 3 Series / 4 Series > E90/E91/E92/E93 (2006 - 2013)
Today's Posts Search
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On



Forum Jump


All times are GMT -7. The time now is 03:22 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
© 2001-2011 performanceIX, Inc. All Rights Reserved .: guidelines .:. privacy .:. terms