leaking hardtop 335i 2008 - Page 4 - Bimmerfest - BMW Forums



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E90/E91/E92/E93 (2006 - 2013)
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  #76  
Old 08-26-2009, 04:34 PM
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xtremecruiser xtremecruiser is offline
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Quote:
Originally Posted by pilotman View Post
I am an attorney, and I can tell you damages are easily recoverable in these situations, under a number of scenarios, including but not limited to: breach of contract (loss of use, etc. disclaimers for such damages notwithstanding), violation of consumer protection statutes (which provide for attorneys' fees and punitive damages), etc etc etc.

Good luck, sorry you had to resort to litigation but hope you obtain a favorable result.
I can't say that much about it right now, butt it will be interesting when it gets to court
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  #77  
Old 08-26-2009, 04:59 PM
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johnc_22 johnc_22 is offline
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It seems to me the hardtop is another BMW answer to a question few people were really asking. I mean the hard top is significantly heavier, and significantly (over it's lifetime) more fault-prone and expensive to maintain. The last soft-top I drove was a SAAB loaner (2005?) a few years ago and while visibility was hindered out the rear window, the sound insulation on the lid was great, and I'm sure BMW has the same capabilities with its soft-tops. In a perfect world the hard top would be worth it but . . .
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  #78  
Old 08-26-2009, 05:06 PM
anE934fun anE934fun is offline
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If BMW wanted to stay relevant, they were going to have to produce a removable hardtop convertible. Lexus has two (SC and the new IS), Volvo has one (C70), MB has two (SL and SLK), and, and, and.

The reality is that the design for the E93s removable hardtop got biffed. That can happen. At least there is the state Lemon Law as a remedy (in the U.S., that is).
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  #79  
Old 08-26-2009, 06:28 PM
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xtremecruiser xtremecruiser is offline
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Quote:
Originally Posted by anE934fun View Post
If BMW wanted to stay relevant, they were going to have to produce a removable hardtop convertible. Lexus has two (SC and the new IS), Volvo has one (C70), MB has two (SL and SLK), and, and, and.

The reality is that the design for the E93s removable hardtop got biffed. That can happen. At least there is the state Lemon Law as a remedy (in the U.S., that is).
At some point, all those with non leaking E93's are gonna be pissed off when theirs starts to leak
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  #80  
Old 12-01-2009, 06:44 AM
schoenbg schoenbg is offline
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Quote:
Originally Posted by Shark01 View Post
In my opinion, this is correct (knowing the tree fell on the garage, the rest is semantics). This is no different than a collision scenario......its an insurance issue, not a warranty issue. If the car cannot be repaired to your satisfaction, the insurance company needs to buy it off you.
it is an interesting legal conundrum. basically it is impossible to fix. yet there was no apparent impact or damage to the top. and BMW will not guarantee a fix even if i agree to pay 15K for an entirely new top. what does that mean?

thus they have made a car that is impossible to fix, even with entirely new parts. i don't like insurance co's any more than the next guy, but i have to say i have some sympathy for them here.

in any event, allstate is now in the process of sending me a formal letter denying that this is a result of the accident. getting this has been like pulling teeth!
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  #81  
Old 12-01-2009, 07:00 AM
schoenbg schoenbg is offline
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anyone know a good lawyer in maryland for this?

hi all - this is the original poster to this thread. AND I CAN ONLY SAY WOW! i never expected to generate 4 PAGES of online replies. including so many people in legal battles with BMW.

i think it is safe to say BMW has a problem!?!

in any event, i'm wondering if anyone has a suggestion for a lawyer in maryland to handle this problem for me, now that both the insurance company and BMW NA have formally washed their hands of it so to speak?

thanks,
geoff
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  #82  
Old 12-01-2009, 07:15 AM
KHarney KHarney is offline
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Mein Auto: 2009 335i Convertible
I guess I am another "lucky one". Mine has not leaked at all - not even a drop since I got it Keeping my fingers crossed. I love the car and have driven at very high highway speeds in driving reain with no leaks at all.
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