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E90/E91/E92/E93 (2006 - 2013)
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  #51  
Old 12-06-2008, 12:13 AM
pdxgrease pdxgrease is offline
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should have just built your car to order and shopped it around to find a bloke that would let it go near invoice. You would have gotten the perfect color and new.
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  #52  
Old 12-06-2008, 08:43 AM
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100$ GUY 100$ GUY is offline
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Dont go to extremes as your nickname says, extremecruiser.
Find a point in the middle and let this thing go.
I couldnt stop laughing watching that video, its unbelievable
Stop this misery.
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  #53  
Old 12-06-2008, 01:41 PM
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xtremecruiser xtremecruiser is offline
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Quote:
Originally Posted by johnc_22 View Post
Dude, why would you not dump this POS when she gave you the chance? At some point if they offer you an easy way out of this car into a better one and you don't take it, whose fault is that?
Say I paid 60K for the car, they offered me market value of say 45k and I had had the car for less than a week. Had they offered me my full down payment toward another car I would have done it.
It's a Lemon and BMW NA does not see to care
It's raining this weekend, I need to go put some fresh towels in the car.

The video of my car at a car wash
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  #54  
Old 12-06-2008, 01:54 PM
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xtremecruiser xtremecruiser is offline
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Quote:
Originally Posted by ramblinman View Post
Check your state law. Most states have a lemon law which allows you to get your money back if the dealer can't fix the car after a specified number of repair attempts. Until then you need to keep taking it back for repairs. The warranty only obligates the dealer to fix defects, not take the car back. The lemon law forces them to take it back, if they can't fix it.

You bought a used car. The basic rule for used car buyers is "caveat emptor" buyer beware. The suspension problems should have been evident on a test drive and inspection. Before buying any used car, get an inspection from an independent repair shop. If the inspection showed bent rims and a bubble on a tire, terminate the sale. You don't know what the car hit--pothole or curb.

Having said that, I doubt you have bent frame, but you can take it to a body shop and have it checked. If anything, you might have a bent strut, but you have hit something pretty big at speed to bend a strut.

If you don't trust the dealer, take the car now to an independent BMW repair shop, get a report and take it back to the dealer and tell them to fix it. If they refuse, see a lawyer.
It was a new car and sold as new

The dealership has had 3 times to fix it, they have "epic failed" on their attempts.
The SC Lemon Law is quite clear and BMW NA has my Demand
Letter Under South Carolina Lemon Law but refuses to acknowledge that they have received it, even though they sometimes say they have and then other times they say no.
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  #55  
Old 12-06-2008, 06:10 PM
anE934fun anE934fun is offline
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Quote:
Originally Posted by xtremecruiser View Post
It was a new car and sold as new

The dealership has had 3 times to fix it, they have "epic failed" on their attempts.
The SC Lemon Law is quite clear and BMW NA has my Demand
Letter Under South Carolina Lemon Law but refuses to acknowledge that they have received it, even though they sometimes say they have and then other times they say no.
And you didn't send your demand letter Certified or with Proof of Delivery? Send a copy of the demand letter again; this time with Proof of Delivery. Personally, it wouldn't be time to cheap out - you need to provide objective proof that BMW received the letter. Certified or Express Mail.
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  #56  
Old 12-06-2008, 06:28 PM
john5 john5 is offline
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I do feel your pain, but this is the usual outcome of impulse shopping
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  #57  
Old 12-06-2008, 06:50 PM
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xtremecruiser xtremecruiser is offline
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Originally Posted by anE934fun View Post
And you didn't send your demand letter Certified or with Proof of Delivery? Send a copy of the demand letter again; this time with Proof of Delivery. Personally, it wouldn't be time to cheap out - you need to provide objective proof that BMW received the letter. Certified or Express Mail.
It was sent 2 different times via registered/certified mail with return receipt, BMW NA knows about my Lemon Law request, they also have it via email.

Still waiting on that phone call from customer relations since thursday, they seem to have a habit of standing me up.

Last edited by xtremecruiser; 12-06-2008 at 06:54 PM. Reason: typo
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  #58  
Old 12-06-2008, 06:53 PM
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xtremecruiser xtremecruiser is offline
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Quote:
Originally Posted by john5 View Post
I do feel your pain, but this is the usual outcome of impulse shopping
Not impulse shopping, I had been looking for a black on black vert for months.
Just a classic case of misrepresentation, I expect more from a BMW dealership than from one of the US ones about to go belly up.
Wonder if GM would be treating me like this had I bought a Vet and had issues with it ?
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  #59  
Old 12-06-2008, 08:45 PM
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Quote:
Originally Posted by MarcA78 View Post
Wow, sure are a lot of dicks in this place.
"That's what you get for buying used, looser. If you were as amazingly successful, wealthy and handsome as myself, you would have bought a new car. I new car made of gold and happy thoughts."
"Don't you know that all car salesmen are vampires? They PURPOSEFULLY sell you ****e cars so that you break down in the middle of the night on deserted roads where they can then drain you of all your precious blood."
"Lesson learned asshole!"

No wonder BMW owners are stereotyped as douche-bags. Most of you are.
That about sums it up! Good post Marc...I can't stand false-elitism.
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  #60  
Old 12-06-2008, 09:29 PM
anE934fun anE934fun is offline
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Quote:
Originally Posted by xtremecruiser View Post
It was sent 2 different times via registered/certified mail with return receipt, BMW NA knows about my Lemon Law request, they also have it via email.

Still waiting on that phone call from customer relations since thursday, they seem to have a habit of standing me up.
Okay, so now you have proof that BMWNA received your communication. What is the next step per the Lemon Law in the state where you took initial retail delivery? In CA, if BMWNA blows you off and you have met the notice and number of unsuccessful repair attempt requirements, an attorney will send a demand letter. BMWNA will pay attention to the attorney's demand letter, because they (BMWNA) are on the hook for the attorney's fees. But that is how the CA Lemon Law works. Other states have different models.
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  #61  
Old 12-06-2008, 09:34 PM
anE934fun anE934fun is offline
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Originally Posted by xtremecruiser View Post
Wonder if GM would be treating me like this had I bought a Vet and had issues with it ?
As long as you met the notice and unsuccessful repair attempt requirements, it doesn't matter which manufacturer you are dealing with. A Lemon is a Lemon. The same Lemon Law applies. Start the Lemon Law process and the manufacturer is going to want to make you happy. They don't want the car to have a Lemon Law title limitation. It may take some time, but for the most part, the Lemon Law is consumer-friendly.
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  #62  
Old 12-06-2008, 10:10 PM
fxhomie fxhomie is offline
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How can a car that's been thrashed by folks be sold as new? To me, "new" means no one else (or, at the most, prospective purchasers) has driven the car. That does not include "prime loaners" or whatever the dealer wants to call it. Anything else is "used" in my book.

Good luck. Hope they take care of you...
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  #63  
Old 12-07-2008, 01:55 PM
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xtremecruiser xtremecruiser is offline
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Originally Posted by anE934fun View Post
As long as you met the notice and unsuccessful repair attempt requirements, it doesn't matter which manufacturer you are dealing with. A Lemon is a Lemon. The same Lemon Law applies. Start the Lemon Law process and the manufacturer is going to want to make you happy. They don't want the car to have a Lemon Law title limitation. It may take some time, but for the most part, the Lemon Law is consumer-friendly.
Tell BMW NA that
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  #64  
Old 12-07-2008, 04:46 PM
anE934fun anE934fun is offline
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Originally Posted by xtremecruiser View Post
Tell BMW NA that
Do you have repair invoices showing three attempts to repair each problem? As a general rule, you have to have 3 failed attempts to repair a specific problem/defect, not just bringing in the car on 3 separate issues. You really need to get in touch with an attorney that is familiar with SC lemon law who can advise you as to how to proceed.

Venting your frustration at BMWNA on this forum may give you some relief from your frustrations, but it isn't going to get you any closer to a resolution.
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  #65  
Old 12-07-2008, 04:49 PM
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xtremecruiser xtremecruiser is offline
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Quote:
Originally Posted by anE934fun View Post
Do you have repair invoices showing three attempts to repair each problem? As a general rule, you have to have 3 failed attempts to repair a specific problem/defect, not just bringing in the car on 3 separate issues. You really need to get in touch with an attorney that is familiar with SC lemon law who can advise you as to how to proceed.

Venting your frustration at BMWNA on this forum may give you some relief from your frustrations, but it isn't going to get you any closer to a resolution.
Yes 3 times for the same leak, tried it the easy way, sad part is BMW NA will not grant me a LL arbitration hearing. I am trying to settle this the easy way, butt BMW NA does not seem to want to go that way.
Guess it will start to get uglee
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  #66  
Old 12-07-2008, 04:57 PM
anE934fun anE934fun is offline
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Originally Posted by xtremecruiser View Post
Yes 3 times for the same leak, tried it the easy way, sad part is BMW NA will not grant me a LL arbitration hearing. I am trying to settle this the easy way, butt BMW NA does not seem to want to go that way.
Guess it will start to get uglee
Again, I am not familiar with how LL process works in SC, but.... BMWNA is generally not in control of the LL process. The general rule is that you submit a demand for arbitration to the organization who does the arbitration along with the necessary proof that you qualify for the arbitration (3 invoices for the same problem). If you can show that you qualify for the arbitration process, the arbitration organization sends a notice of arbitration to you and BMWNA and a date and time is set for the arbitration.

Something is missing in the picture. Until you get an attorney working for you who can push things to a resolution, you are going to continue to spin your wheels and get frustrated in the process.
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  #67  
Old 12-07-2008, 05:05 PM
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Originally Posted by anE934fun View Post
Again, I am not familiar with how LL process works in SC, but.... BMWNA is generally not in control of the LL process. The general rule is that you submit a demand for arbitration to the organization who does the arbitration along with the necessary proof that you qualify for the arbitration (3 invoices for the same problem). If you can show that you qualify for the arbitration process, the arbitration organization sends a notice of arbitration to you and BMWNA and a date and time is set for the arbitration.

Something is missing in the picture. Until you get an attorney working for you who can push things to a resolution, you are going to continue to spin your wheels and get frustrated in the process.
According to The SC law, I only have to notify them in writing, then they have 30 days to grant me a hearing, if you read back, you will see that BMW NA setup a date and time to inspect my car and then was a no show and then customer relations said oh well.
Meeting with states attorney generals office next week, tired of the mumblers and games
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  #68  
Old 12-07-2008, 05:25 PM
anE934fun anE934fun is offline
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Originally Posted by xtremecruiser View Post
According to The SC law, I only have to notify them in writing, then they have 30 days to grant me a hearing, if you read back, you will see that BMW NA setup a date and time to inspect my car and then was a no show and then customer relations said oh well.
Meeting with states attorney generals office next week, tired of the mumblers and games
If you are able to get the SC Attorney General to get in the picture as your advocate, I imagine you will see a completely different response from BMWNA. Right now (based on BMWNAs response), you are just a little schmuck to BMWNA. A state AG is another matter entirely. I would be curious to learn how the SC AG's office views the matter. Please keep us posted.
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  #69  
Old 12-08-2008, 06:32 AM
Spydeputy Spydeputy is offline
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what did the car fax report say?
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  #70  
Old 12-08-2008, 08:56 AM
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Originally Posted by Spydeputy View Post
what did the car fax report say?
He didn't get one. It sounds like he saw the car and bought it with little research, though it was from a BMW dealer so problematic or not, they should fix/resolve any issues with the car.
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  #71  
Old 12-08-2008, 05:00 PM
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xtremecruiser xtremecruiser is offline
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He didn't get one. It sounds like he saw the car and bought it with little research, though it was from a BMW dealer so problematic or not, they should fix/resolve any issues with the car.
The car was a demo, had a blank car fax, had never been titled, and according to SC it is considered a NEW car according the SC Lemon Law regulations and I talked to the AG's office 2 times today and it meets the requirements for a Lemon Law hearing or lawsuit in SC.

After all the emails I did finally talk to someone higher up in the food chain in BMW NA customer relations, while the phone call did not start off well, it did get better the more we talked. He offered a few options and I offered a few options.
The communication lines are now open.
I will keep those that are interested updated

Last edited by xtremecruiser; 12-08-2008 at 05:01 PM. Reason: typo, need spelll cheker
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  #72  
Old 12-08-2008, 08:30 PM
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Glad to hear you're finally getting somewhere.
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  #73  
Old 12-08-2008, 09:33 PM
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MarcA78 MarcA78 is offline
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Quote:
Originally Posted by xtremecruiser View Post
The car was a demo, had a blank car fax, had never been titled, and according to SC it is considered a NEW car according the SC Lemon Law regulations and I talked to the AG's office 2 times today and it meets the requirements for a Lemon Law hearing or lawsuit in SC.

After all the emails I did finally talk to someone higher up in the food chain in BMW NA customer relations, while the phone call did not start off well, it did get better the more we talked. He offered a few options and I offered a few options.
The communication lines are now open.
I will keep those that are interested updated
I'm very interested to see how this gets resolved.
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  #74  
Old 02-02-2009, 07:52 PM
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xtremecruiser xtremecruiser is offline
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BMW NA is denning that I have taken the car in for repairs 3 times, 2 of which I have paperwork from the dealer and the other one is in email form, all of which are in emails.

I have never see customer service this poor, I have been screamed at on the phone, called a liar, threatened with reps from BMW NA that they will call my boss, refused by the local dealer to look at my car.
I have not even mentioned the lies of the Rick Hendricks stealership.

I have a interview with 2 newspapers later this week, and appointments with all the local television stations, along with attorney meetings next week.

Customer service at it's best....NOT

I have setup www.E90issues.com for anyone with a E90 series BMW to help document their issues that BMW NA is not handling

Last edited by xtremecruiser; 02-02-2009 at 07:55 PM. Reason: typo
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  #75  
Old 02-02-2009, 08:15 PM
anE934fun anE934fun is offline
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Out of curiosity, does SC Lemon Law require written notification to be provided to BMWNA? If you haven't sent a written letter with proof of delivery, BMWNA can deny that they have any obligation to you (which is what it seems is happening).

In my circumstance (E93 with water leaks just like yours), I sent the letter after the first failed attempt at repair. The letter was sent Express Mail so I had proof of sending and receipt by BMWNA. After the third failed repair attempt, I had an attorney in the picture who has a very successful track record in Lemon Law litigation. You may not believe it, but if you are not represented by an attorney, manufacturers do not treat you seriously. But then again, you are experiencing first hand how BMWNA is not treating you seriously.... When the car went in for the 5th attempt to repair (proof that there were 4 previous unsuccessful repair attempts), BMWNA decided it was time to throw in the towel and sent the Repurchase Agreement paperwork to my attorney. Once I sent in the notarized signature page (so they knew that I was truly me...), things moved quickly (~2 weeks from sending in the signed Repurchase Agreement to receipt of the check for the car.
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