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E90/E91/E92/E93 (2006 - 2013)
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  #51  
Old 09-07-2007, 06:23 AM
kalch kalch is offline
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does theFL law mean consecutive or culmulative days within a certain period of time?
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  #52  
Old 09-07-2007, 06:31 AM
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Hey everyone!

I ordered my 335 conv back in March, and it finally arrived about 3 weeks ago! I absolutely love it, it's beautiful! Unfortunately it's been leaking horribly! It leaked about a week and a half ago when we had a bad storm. I got out of a massage and water was everywhere! I went straight back to the dealership, they ordered new (I call it weather stripping) for the seal on top of the windshield. Apparently that didn't solve the problem. NOW they said they are going to re-do the seals on the side. This dealership has had my beautiful car since Monday (it's Thurs night now), and said I will be lucky to get it back on Monday. I'm incredibly frustrated.

Has anyone else had a similar issue? If so, what was done to resolve this problem and how long did it take them?

Thanks!

Sandy in St. Pete, FL
I doubt anything is wrong with new rubber seals. More than likely the windshield/roof is defective/warped. If the tolerances are that stringent where a fat rubber seal cannot compensate for deviations, I suspect a lot more cars will develop leaks over time. Time will tell as these cars just came out, are sold mostly in sunny areas, and it is summer time with little rain to prove out the roofs.

The new roof design with its three piece construction has a lot more seals and potential for issues. Especially since the seals are on top and exposed to direct sun light all the time.
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Last edited by sdbrandon; 09-07-2007 at 06:42 AM.
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  #53  
Old 09-07-2007, 06:41 AM
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I doubt anything is wrong with new rubber seals. More than likely the windshield/roof is defective/warped. If the tolerances are that stringent where a fat rubber seal cannot compensate for deviations, I suspect a lot more cars will develop leaks over time.
For everyone else's sake, I truly hope you are wrong. I don't wish what I'm going through on any other BMW owner. This has been a nightmare.
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  #54  
Old 09-07-2007, 06:43 AM
sdbrandon sdbrandon is offline
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For everyone else's sake, I truly hope you are wrong. I don't wish what I'm going through on any other BMW owner. This has been a nightmare.

After they replaced the seals, did they run water over the car or just give it back to you saying it is fixed?
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  #55  
Old 09-07-2007, 06:46 AM
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They haven't given it back to me yet. They've had it steady since Aug 20. I know they tried to fix/replace something... ran it through their carwash, and still had tons of water coming in (more than acceptable).
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  #56  
Old 09-07-2007, 06:46 AM
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...Right after that was when they said they're calling engineers.
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  #57  
Old 09-07-2007, 06:48 AM
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They haven't given it back to me yet. They've had it steady since Aug 20. I know they tried to fix/replace something... ran it through their carwash, and still had tons of water coming in (more than acceptable).
I had a similar issue with a car several years ago. Non BMW. A honda no less. The sun roof leaked. Turned out the body/roof was defective. No seal would work. They gave me another car after I had to push the issue and proceeded with lemoning the car.
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  #58  
Old 09-07-2007, 06:48 AM
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I feel my blood pressure rising just talking about this. I really haven't been this upset in a long time. ...BMWNA: Just order me a new car, call it a day. Let it be your problem now!
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  #59  
Old 09-07-2007, 06:51 AM
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I've filed the "defective vehicle notice" I really hope it doesn't come down to having a Lemon it. ...From what I understand BMW doesn't like to label any of their vehicles a Lemon ... I'm thinking if we hit the magical 30 day mark, and I send the notice for arbitration, they will order me another one.

I'm guessing somewhere between days 20-30 they will give me the car back and tell my they've miraculously fixed it!
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  #60  
Old 09-07-2007, 06:53 AM
sdbrandon sdbrandon is offline
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I feel my blood pressure rising just talking about this. I really haven't been this upset in a long time. ...BMWNA: Just order me a new car, call it a day. Let it be your problem now!
Hang in there. They will make it right. It does take a little time to identify the issue and if they cannot fix it, they will swap it out.

Here in CA, they have 30 days vice 15.
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Last edited by sdbrandon; 09-07-2007 at 07:00 AM.
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  #61  
Old 09-07-2007, 06:57 AM
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Hang in their. They will make it right. It does take a little time to identify the issue and if they cannot fix it, they will swap it out.

Here in CA, they have 30 days vice 15.
I can't actually take action until it's 30 days, prior to day 30 I file the defective vehicle notice. At 30 I file for arbitration.
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  #62  
Old 09-07-2007, 11:21 AM
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Sandy:
This is really unacceptable because this technology is mature and has been used by multiple companies now. In fact BMW selected between two companies that do this work in Germany and this is a mastered technology.
However that said sometimes things slip through but I can honestly say that before it left the factory it was worked over with water pretty good and it had no leaks.
So someplace between the factory and Bert's place something slipped or became misadjusted.

Remember the SLK has been out for almost 10 years now and this is exactly the same technology.

What I would do if they said the car was fixed would be to put the service manager in the passenger seat and go through their carwash and see what happens before you leave.

I know that BMW honestly does want to make this right because it hurts their reputation and will effect how their product is viewed.

Like I posted before this is no unique in any car manufacturer. I told you how the invincible Toyota Avalon was down for 6 weeks due to a failed auto climate control unit. This after special ordering it which took 8 weeks so I have been there and done that but not in a BMW.
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  #63  
Old 09-07-2007, 11:58 AM
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Wow.... I just read the entire thread and it is just crazy....
If it was me, I would've knocked on the door of BMWNA by now.
I really hope that they replace your car. It's no fun being in a loaner for as long as you have, pay the price tag on these cars and live with a feeling that it had problems even if they somehow do fix it.
Keep your fingers crossed, and have faith that BMW will take care of you.
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  #64  
Old 09-07-2007, 12:05 PM
kalch kalch is offline
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Nobody is out to get you, as you know. They don't want to keep your car longer than possible. That said, I feel your pain, as everyone here does.

Just realize that at the end of the day, if you stick to your guns, you'll be taken care of. They don't want to screw you around. Your recourse is written in law, unlike here. I'm driving this darn 328 sedan, and asked, without success, for a 335 loaner. My count is not as long as yours, Im 9 days shorter than you on this event, without the parts coming before september 10 or 11.

This is just a car. Don't let your blood boil. Keep tabs of everything, phone calls, etc., then before you go to pick up your car, set-up a meeting with either the manager or owner of the dealership with your demands before you head off to court. Then if not satisfied, sue'em.

Im pushing 25 days out of 90 days of possession in the shop. Plus, I was not informed that the vehicle was used at the autoshow. I started off fuming mad. Put that energy into figuring out what you want, how to get it (lemon it, etc). Things will be put right.

The only part of the compensation I haven't been able to put a dollar sign on yet is not having the vehicle during the warm weather here in Canada, before the winter comes.
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  #65  
Old 09-07-2007, 12:07 PM
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SailinSand SailinSand is offline
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Wow.... I just read the entire thread and it is just crazy....
If it was me, I would've knocked on the door of BMWNA by now.
I really hope that they replace your car. It's no fun being in a loaner for as long as you have, pay the price tag on these cars and live with a feeling that it had problems even if they somehow do fix it.
Keep your fingers crossed, and have faith that BMW will take care of you.
Thanks. I called BMW NA yesterday. They didn't seem very helpful.

The Service Manager at my dealership told my husband this AM that BMWNA just called him.
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  #66  
Old 09-07-2007, 12:13 PM
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I just left the dealership.

Apparently they have tried everything they can think of. They have also talked to various engineers both local and in Ger. This "magic glue" arrived from Ger. this AM. They've worked on it all day today.

When I went back to check out my car they had just run it through their car wash... WATER everywhere. It was still dripping down the window, and the (new) head liner was completely soaked. I was bummed, the poor guy that drove my car through the wash was soaked too.

They said they haven't seen ANYTHING like this, and have called all over the place... NO OTHER car is leaking like this!!!!

I at least now feel like the dealership is really trying to do what they can to get my car fixed. I think after their last attempt failed, thy're kind of bummed too. I at least feel like they really are on "my" side. ...It's BMWNA I'm worried about now. The guy didn't seem to nice on the phone.

I told them to take their time...12 more days (my new mantra). I honestly believe that BMWNA should order me a new vehicle, this is really getting ridiculous.
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  #67  
Old 09-07-2007, 12:19 PM
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330ximd 330ximd is offline
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Sandy, you are a saint for being as patient as you are. If I had been the manager of the dealership, I would have handled it much differently, I would have promised a buyback at the end of a certain period of time and a bump up on a list for a new car, as well as a loaner for time in between...but I'm not the dealer. What I am trying to say is, you still deserve better treatment from everyone. Best of luck with this ordeal, I hope you get a new car out of this, I don't know if you'll get a vert again, but whatever you choose will be good.
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  #68  
Old 09-07-2007, 12:21 PM
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Sandy, you are a saint for being as patient as you are. If I had been the manager of the dealership, I would have handled it much differently, I would have promised a buyback at the end of a certain period of time and a bump up on a list for a new car, as well as a loaner for time in between...but I'm not the dealer. What I am trying to say is, you still deserve better treatment from everyone. Best of luck with this ordeal, I hope you get a new car out of this, I don't know if you'll get a vert again, but whatever you choose will be good.
Thank you. Boy do I wish you were the manager there! lol.
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  #69  
Old 09-07-2007, 12:27 PM
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I've got to say. The support I've gotten on this site about all of this has REALLY helped me keep my cool. It's been great getting all of your feedback. I really wouldn't have known to call BMW NA, or anything about Lemon Law if it weren't for all of you guys!
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  #70  
Old 09-07-2007, 12:29 PM
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My attorney just emailed me a number for someone that does handle Lemon Law stuff. Do you guys think this is something that I should contact an attorney about? Everything looks fairly straight forward. I just want to make sure I'm protecting myself.
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  #71  
Old 09-07-2007, 01:07 PM
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SailinSand

I've been following your story with a great deal of interest because I too have a 335i convertible (bought in May this year through BMW's European Delivery program). I feel really bad for the predicament that you find yourself in and I commend you for your patience in your interactions with the dealership. I'm not sure that I would have kept my cool the way you have, if I were in your shoes. I wish you the best of luck and hope that your case is resolved to your satisfaction.

I would suggest that you give the attorney who handle's "Lemon Law stuff" a call and if you like him, hire him by giving him a small retainer. You don't need to bring him into the picture if you feel that the dealership is being fair to you, but the minute you feel that you think that they are trying to railroad you, you can let the dealership know that you have hired an attorney and that he will be contacting them. I've had one or two experiences where the simple fact that I had an attorney caused the other party to suddenly become more willing to deal. I think that most companies assume that an individual will not contact an attorney, so they can take advantage of them.

I've one other suggestion that you can also try if you are not satisfied by the response of the dealership. When I lived in the San Francisco Bay area, the local ABC TV station had a show called "Seven On Your Side" in which one of the reporters at the TV station would take up the cause of a consumer and contact local companies with which the consumer had a complaint. In most cases, the simple fact that a local TV station was going to give the company adverse publicity was enough for the company to settle! I'm not sure where you live in the Sunshine State, but perhaps one of your local TV stations might have a similar program.

Whatever course you decide to pursue, I hope that you ultimately get everything that you want. I'm rooting for you.

CarSwami
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  #72  
Old 09-07-2007, 02:25 PM
kalch kalch is offline
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In Canada, at least, some of the dealerships are corporate (owned by BMW Canada), and others are franchises, i guess.

I don't think a dealership can offer to buy the vehicle back without dealing with corporate, as the dealership will have to send the car back to corporate. So I'm sure the manager is going to be on your side, and explain the situation and ongoing problems. That is what has been going on with me.

You are doing the right thing by staying calm and waiting. It will be worked out. In my situation, not dissimilar, but with a variety of things, just waiting for the vehicle to be fixed is best I can do, right now. Same for you. However, it does look like you'll be driving something other than a vert for anothe 2-4 months, if they do buy back your car.
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  #73  
Old 09-07-2007, 02:46 PM
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No problems

A family member of mine took delivery of a Crimson Red E93 2.5 months ago and has had zero problems with the car at this point. We are right around the corner in Lakeland, so our rain storms are just as bad as a car wash sometimes.

We've dealt with BMWNA and our dealer regarding a problem-child 04' 745i, and after some persistence and a firm stance on the matter they made good and replaced the automobile. My advice - no lawyers, just good solid facts and good record keeping on your end, and things should work out in your favor. Best wishes.
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  #74  
Old 09-07-2007, 04:31 PM
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SailinSand SailinSand is offline
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While I was out the gentleman I spoke to with BMWNA called me. He said that they are going to send someone to St. Petersburg to look at my car on Monday or Tuesday (day 21 or 22). I told them to take their time, lol.

He was a bit more friendly this time around. Good. I've been nothing but incredibly nice to these guys so far, so I think they should go out of their way to be nice to me! The guys at my dealership said they've actually been pleasantly surprised by my behavior so far. I'm really nice until I feel like I'm starting to get screwed with. ...I think if they don't get the wheels turning to order me a new vehicle, or miraculously fix it this weekend I will have a harder time keeping my cool.
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  #75  
Old 09-07-2007, 04:42 PM
kalch kalch is offline
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ohm! ohm! stay cool, you are on the road to a solution.
No one will want to help you if you start yelling. Walk quietly (stay calm), carry a big stick (legal action)!
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