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X5 E70 (2007 - 2013)
E70 BMW X5 produced between 2007 and 2013. Discuss the E70 X5 with other BMW owners here.

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  #26  
Old 10-20-2011, 06:01 AM
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David1 David1 is offline
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Every X5 I have been in including mine has this noise to some degree. It's a free option!
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  #27  
Old 10-25-2011, 08:49 AM
Nello3 Nello3 is offline
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Sent a certified letter to Sal Talarico at BMWNA yesterday after the noise returned. My SA at Park Ave BMW said per Dave Bergomotto, the service manager, she was no longer allowed to give me a loaner if the problem returns. I guess there is a much longer line of people requesting the 2006 Ford Fusions than the BMW's at Park Ave.
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  #28  
Old 10-25-2011, 10:11 AM
Matt_UKTX Matt_UKTX is offline
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Quote:
Originally Posted by Nello3 View Post
Sent a certified letter to Sal Talarico at BMWNA yesterday after the noise returned. My SA at Park Ave BMW said per Dave Bergomotto, the service manager, she was no longer allowed to give me a loaner if the problem returns. I guess there is a much longer line of people requesting the 2006 Ford Fusions than the BMW's at Park Ave.
No longer allowed? Are you sh*tting me? I would not tolerate that. I would call the GM of the entire dealer and address this. If your car has a defect they have three options

1) Fix your car
2) Give you a loaner until they can figure out how to fix your car
3) Buy your car back from you

It never ceases to amaze me the nonsense that some dealers come up with, and the sad thing is that most people don't question it because they don't know about forums like this one.

The best advice I can give you is to know your rights and refuse to back down. If someone tells you "no", go over them. Eventually you'll get to deal with someone who can make the right decisions and address your issues.
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  #29  
Old 10-25-2011, 11:04 AM
Nello3 Nello3 is offline
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Originally Posted by Matt_330i View Post
No longer allowed? Are you sh*tting me? I would not tolerate that. I would call the GM of the entire dealer and address this. If your car has a defect they have three options

1) Fix your car
2) Give you a loaner until they can figure out how to fix your car
3) Buy your car back from you

It never ceases to amaze me the nonsense that some dealers come up with, and the sad thing is that most people don't question it because they don't know about forums like this one.

The best advice I can give you is to know your rights and refuse to back down. If someone tells you "no", go over them. Eventually you'll get to deal with someone who can make the right decisions and address your issues.
I sh*t you not. I ask for the beater Fords instead of the BMWs because of much more room (and shockingly, the Fusion is a nice car!). As far as Park Ave BMW is concerned, I am finished with those clowns and escalated it to corporate.

I'll keep driving the X5 until they replace it, but the first issue was reported at 7,981 miles and that number is where I will be expecting the mileage deduction to be based off of.
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  #30  
Old 10-25-2011, 11:25 AM
Matt_UKTX Matt_UKTX is offline
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Quote:
Originally Posted by Nello3 View Post
I sh*t you not. I ask for the beater Fords instead of the BMWs because of much more room (and shockingly, the Fusion is a nice car!). As far as Park Ave BMW is concerned, I am finished with those clowns and escalated it to corporate.

I'll keep driving the X5 until they replace it, but the first issue was reported at 7,981 miles and that number is where I will be expecting the mileage deduction to be based off of.
Agreed. You should also file a complaint against the dealer with BMWNA and the BBB.
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  #31  
Old 10-31-2011, 10:07 AM
Nello3 Nello3 is offline
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I sent a certified letter to BMWNA and have yes to hear back from anyone. For those of you that were curious to hear the noise, I took a spin around my building this morning to capture the clunk/pop. You can hear it, but it's much louder in person. Click on the image to play.


Last edited by Nello3; 10-31-2011 at 10:10 AM.
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  #32  
Old 11-11-2011, 12:43 PM
Nello3 Nello3 is offline
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Just thought I'd give an update:

Spoke with Sal at BMWNA and he was under the impression that the vehicle was fixed and all issues have been resolved, which isn't the case.

I told him I am more inclined to have BMWNA buy the vehicle back and have it replaced with an identical vehicle. He tells me that since this isn't a safety issue, BMW isn't inclined to take such actions. I had to remind him that the X5 was in the shop four times for the hatch, two times for the window components, once because a tech sliced the door panel which had to be replaced, and once for when all the water poured in through the sunroof after a heavy thunderstorm.

He then pulls out this great line: "Park Ave provided you with a loaner car so you wouldn't be stranded during repair. Now, if you had a 7-series and they gave you a 3-series as a loaner, maybe BMW could make some sort of compensation." WTF? I think he needs to put the Rebuttal Book down. I didn't think customer service would be this pathetic, and given I am not leaving the brand, I don't really understand what the issue is since I expect to pay a mileage deduction.

Sal said they should one more attempt to fix the car and he'll get back to me.

Last edited by Nello3; 11-11-2011 at 12:44 PM.
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  #33  
Old 11-11-2011, 12:51 PM
Gregory34 Gregory34 is offline
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I had an equally dissapointing call with BMW NA recently. They have definitely taken the health insurer-esque deny 3x before even evaluating the claim stance. Just part of the transformation from luxury performance brand w/ appreciation for brand loyalty to mass marketer of cars focused on gross sales volume. They don't care if you leave the brand, there's someone else to take your place. You'd think lessons would be learned from the big 3 failures, but history has a way of repeating itself.
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  #34  
Old 11-11-2011, 01:35 PM
ard ard is offline
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Guys-

DO NOT take it personally- they are in the business of denying buybacks! Do you have a flipping clue as to what this costs them?!?!? Mine cost them 30k at least.

Until you say the magic words, you will be turned away. You are not "asking" them for a buyback. You are telling them "you can do a buyback with me, or you can do a buyback via my attorney- you choose"
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  #35  
Old 11-11-2011, 01:35 PM
Nello3 Nello3 is offline
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Quote:
Originally Posted by Gregory34 View Post
I had an equally dissapointing call with BMW NA recently. They have definitely taken the health insurer-esque deny 3x before even evaluating the claim stance. Just part of the transformation from luxury performance brand w/ appreciation for brand loyalty to mass marketer of cars focused on gross sales volume. They don't care if you leave the brand, there's someone else to take your place. You'd think lessons would be learned from the big 3 failures, but history has a way of repeating itself.
I really don't understand their stance on this issue. +1 re history repeating itself.

I'm not an attorney, nor did I stay at a Holiday Inn Express last night, but even I can understand this:

New Jersey Lemon Law 56:12-33 Presumption of inability to correct nonconformity; written notification.

a. It is presumed that a manufacturer or its dealer is unable to repair or correct a nonconformity within a reasonable time if, within the first 18,000 miles of operation or during the period of two years following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date:

(1) Substantially the same nonconformity has been subject to repair three or more times by the manufacturer or its dealer and the nonconformity continues to exist; or

(2) The motor vehicle is out of service by reason of repair for one or more nonconformities for a cumulative total of 20 or more calendar days since the original delivery of the motor vehicle and a nonconformity continues to exist.
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  #36  
Old 11-11-2011, 01:38 PM
Nello3 Nello3 is offline
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Quote:
Originally Posted by ard View Post
Guys-

DO NOT take it personally- they are in the business of denying buybacks! Do you have a flipping clue as to what this costs them?!?!? Mine cost them 30k at least.

Until you say the magic words, you will be turned away. You are not "asking" them for a buyback. You are telling them "you can do a buyback with me, or you can do a buyback via my attorney- you choose"
I hear you, ard. I hear you. Giving him the benefit of the doubt obviously didn't work.
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  #37  
Old 11-11-2011, 03:06 PM
smuggymba smuggymba is offline
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Quote:
Originally Posted by Nello3 View Post
Just thought I'd give an update:

Spoke with Sal at BMWNA and he was under the impression that the vehicle was fixed and all issues have been resolved, which isn't the case.

I told him I am more inclined to have BMWNA buy the vehicle back and have it replaced with an identical vehicle. He tells me that since this isn't a safety issue, BMW isn't inclined to take such actions. I had to remind him that the X5 was in the shop four times for the hatch, two times for the window components, once because a tech sliced the door panel which had to be replaced, and once for when all the water poured in through the sunroof after a heavy thunderstorm.

He then pulls out this great line: "Park Ave provided you with a loaner car so you wouldn't be stranded during repair. Now, if you had a 7-series and they gave you a 3-series as a loaner, maybe BMW could make some sort of compensation." WTF? I think he needs to put the Rebuttal Book down. I didn't think customer service would be this pathetic, and given I am not leaving the brand, I don't really understand what the issue is since I expect to pay a mileage deduction.

Sal said they should one more attempt to fix the car and he'll get back to me.
That's the exact thing I asked you about - will they treat tailgate clunk as a buyback/safety reason or not. Too much lawyery language in the lemon law
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  #38  
Old 11-11-2011, 03:29 PM
Nello3 Nello3 is offline
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Quote:
Originally Posted by smuggymba View Post
That's the exact thing I asked you about - will they treat tailgate clunk as a buyback/safety reason or not. Too much lawyery language in the lemon law
But is a nonconformity, not just an explicit statement saying it has to be a safety issue.
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  #39  
Old 11-11-2011, 05:05 PM
rattmann rattmann is offline
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I has 2008 X5 rear hatch glass would peel away from metal and would be only held rattling and not fall off because of the rear wiper.
They tried to fix it 4 or 5 times in a period of 18 months but couldn't resolve it. Finally the rear hatch started to Rust and the adhesion site of the glass to metal.
BMWNA agreed for a buy back because I had to have my attorney friend send them a letter of safety concern as my 2 year old is situated in the back seat and in an event of rear end accident, the passenger(s) may be ejected out of the car.

I ended up with 2011X5 35i premium $7500 under invoice.
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  #40  
Old 11-11-2011, 05:47 PM
ard ard is offline
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Quote:
Originally Posted by smuggymba View Post
That's the exact thing I asked you about - will they treat tailgate clunk as a buyback/safety reason or not. Too much lawyery language in the lemon law
Some of use put food on the table with that language...

Quote:
Originally Posted by Nello3 View Post
But is a nonconformity, not just an explicit statement saying it has to be a safety issue.
This is a ripe example of how the BMW Consumer Affairs agents are taught to dissemble- they know the rules for lemons, but pretend they don't and tell you a story about 'oh it has to be safety'...knowing that most sheeple call them for 'help', and not with a self-directed intent.

You need to know the federal law, then your state law- and just make sure your issue conforms to the lemon requirements.

The weird thing about this is that many consumers are- at their core- fond of BMW and just want it fixed...BMW forced them to take an adversarial stance before they really start engaging, and by then most owners are pissed off. It is hard to take a stand, maje demands, and then say "Oh, OK sure, I'll give you guys another shot".


In my case they offered $5000 to just keep the car, they'd fix it- and still retain a buyback right. I passed.
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  #41  
Old 11-29-2011, 05:36 AM
Nello3 Nello3 is offline
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The GM of Park Ave BMW is placing the order for a 2012 replacement today. Same color/interior with a lot more options for not so much money.

Very smooth process once the clunk in my 2011 was verified.
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  #42  
Old 11-29-2011, 09:27 AM
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quackbury quackbury is offline
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That's great news! Congratulations! Thanks for coming back and updating us; another example of BMW stepping up and doing the right thing by their customers.
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