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E90/E91/E92/E93 (2006 - 2013)
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  #76  
Old 09-07-2007, 04:56 PM
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SailinSand SailinSand is offline
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Quote:
Originally Posted by DeltaAir View Post
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.
I'm very glad they haven't had any problems with their vehicle. I hope they never do.

It doesn't surprise me though, I honestly think I'm the only person that's having leaking issues like this!
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  #77  
Old 09-07-2007, 06:51 PM
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Just got off the phone w/ my husband. The service manager at our dealership called to confirm that a rep from BMWNA will look at the vehicle on Tuesday (Sept 11th). I'm starting to have more faith in our dealership. They really do seem to be an advocate for the customer. They don't really have anything to do with replacing the vehicle, that's BMWNA's deal. ...So I guess it's no sweat off of my dealerships back? They really have been busting their butts to try and figure out WTF is wrong with the car.

My husbands coming into town to spend my birthday weekend with me, Woho! ...Being so stressed out with this car stuff it will be nice to have a relatively relaxing weekend!

Wonder what BMWNA will have to say about all of this when they see the vehicle?

I think I'm going to wait a while before I lawyer up. This att isn't a relative, so I'm sure I wont get the usual "family" discount...therefore, I'm going to hold off as long as possible. We'll see what BMWNA thinks the next step should be!
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  #78  
Old 09-09-2007, 05:58 PM
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If they offer to buy my car back, and order me a new one I'm not exactly sure what to get. I'm torn.

I REALLY want/love the convertible, but I don't want to deal with anymore problems. If I get a coupe I definitely won't have leaking in the top though!

BUT it really seems like mine is the only one having leaking that's this severe. If they order me a new convertible I'm thinking that it won't be a leaker?

What would yall do?
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  #79  
Old 09-09-2007, 06:35 PM
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With respect to attorney fees, Lemon Laws usually contain a "fee-shifting provision", which means that if you win or settle your case, the attorney fees are paid for by, or "shift", to the manufacturer.
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  #80  
Old 09-09-2007, 10:11 PM
toofast4u toofast4u is offline
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What is considered "normal leakage" for the convert? When I take it thru the wash it leaks but can be wiped dry with some paper towels.. so it's not terrible but should there be any leakage at all or is this normal?
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  #81  
Old 09-09-2007, 11:56 PM
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tommydogsdad tommydogsdad is offline
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Originally Posted by toofast4u View Post
What is considered "normal leakage" for the convert? When I take it thru the wash it leaks but can be wiped dry with some paper towels.. so it's not terrible but should there be any leakage at all or is this normal?
There should be ZERO leakage in the car!!!!
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  #82  
Old 09-10-2007, 05:29 AM
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Agree. BMW puts out a great product, the vehicle is supposed to be DRY. They guys in the shop said if there's a DROP they would NOT give the car back to me! ...which is good, I'm thinking they're going to have it for quite some time! 9 more days and I file for arbitration!

Although some of peope in Service said it would not be unheard of to see a convertible with a drop coming through if you go through a car wash.
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  #83  
Old 09-10-2007, 05:37 AM
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Originally Posted by BMW4Lee View Post
With respect to attorney fees, Lemon Laws usually contain a "fee-shifting provision", which means that if you win or settle your case, the attorney fees are paid for by, or "shift", to the manufacturer.
Ohhh, I didn't see that in the booklet. I'm going to have to do some Googling.

I'm going to wait to call the attorney until I hear what BMWNA thinks should happen. (we should know Tues. night/Wed) I probably won't have do that If they decide to buy it back without a big fight.
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  #84  
Old 09-10-2007, 07:05 AM
sdiver68 sdiver68 is offline
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Be nice + firm, but it sounds like you are. I'm just posting because nice or firm alone won't get you the best results.
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  #85  
Old 09-10-2007, 07:10 AM
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Be nice + firm, but it sounds like you are. I'm just posting because nice or firm alone won't get you the best results.
Thank you! I appreciate your input.

I think at first they thought I was just some young cute blonde. ...That only lasted about a day, I certain they take me seriously now.
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  #86  
Old 09-10-2007, 09:02 AM
kalch kalch is offline
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I have a feeling they're going to do one of the following by week's end:
1. Replace the entire roof system (if that is possible)
or
2. Buy your cab back from you, throw you into a loaner until your new car comes in.
I do doubt they will let you walk away from bmw. This isn't the fault of the individuals involved, and it sucks that this happened near the end of summer with everyone on holidays and just returning over the past week.

With no access to your car for a month, the frustration, etc., this will resolved very soon.

I do have faith in BMW. In fact, I'm about to email BMW today to follow-up on my situation, and have a feeling things will start to move on my end, too.
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  #87  
Old 09-10-2007, 10:56 AM
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You know, I never thought of that. I don't think they will replace the whole roof at this point though...considering how late in the game it is. I think it would take them more than 10 days to get everything they needed to replace the roof.

Let us know how everything is going, once BMW has gotten back to you!
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  #88  
Old 09-11-2007, 04:10 AM
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Someone from BMWNA is supposed to check my car out sometime today. My husband and I are trying to figure our WTF to do, if we end up lemoning the car. I'm so upset over the Convertible, I'm not sure I want to go that route again.

Thinking-Maybe lease/rent something until I can get my paws on an M3.

OR-Let my husband pick out whatever he wants to drive. Get that, and I can drive it until he wants to buy me another car. (then it would be his)
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  #89  
Old 09-13-2007, 06:05 AM
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An engineer from BMWNA looked at my car Tuesday. Told my dealership to try a few more things. They did that, I went and checked out my car yesterday.... The headliner was SOAKED. Still leaking badly! This is nuts!
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  #90  
Old 09-13-2007, 06:47 AM
kalch kalch is offline
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Ok,
it's time. Put a smidgen of fire in your emails/conversations with the dealership/bmw and start the replace the vehicle or roof system talks. Don't forget the compensation for loss of a months use of the vehicle, etc. Still, have a bite, but still a nice friendly bark.

I think you'll be smelling that newer car smell very soon.
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  #91  
Old 09-13-2007, 07:58 AM
Monaco Monaco is offline
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I was fortunate enough to get a refund on my E93 because of repeated roof failures (the roof would try to go into the trunk with the trunk lid closed). They had four attempts to repair according to my state's lemon laws. I did make the dealer aware that without question the repeated failures of repair met the lemon law criteria. I did verify this with a lawyer (found through an on-line lemon law web site). The lawyer was excited to take the case (said she'd not had such a clear-cut case in a while), but the dealer agreed to refund before we actually hired the attorney. We were simply very firm and direct with the dealer without creating a big scene. BMW NA customer service was of no help. I think it was most helpful to specifically advise the dealer what we expected of them (refund or replace) and assert the obvious--that it was clearly a lemon as defined by state law--they could not argue with that.

If your car meets FL lemon law criteria--tell them that in a firm but friendly tone and tell them what they need to do. Seems you may have just as clear of a case as I did. Overall, the dealer involved treated us more than fairly, but it took patience and persistence. It was nice not to have to go to arbitration or hire a lawyer.

Good luck.
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  #92  
Old 09-13-2007, 08:54 AM
kalch kalch is offline
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in ontario, canada, thereare a few avenues for remedy. Since I am leasing, ifi had to, I would go throu a "simplified process" for civil litigation, up to $50000. There are others, but they are industry mandated.

I wish we had a lemon law here!!
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  #93  
Old 09-13-2007, 08:56 AM
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nahugry nahugry is offline
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Please tell me you got your car back in proper condition.........
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  #94  
Old 09-13-2007, 09:24 AM
kalch kalch is offline
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nahugry,
if you're referring to me, I am still without my vehicle, but not angry. Noone anticipated the problems I've had with the vehicle since day 1.

If things are not brought to my satisfaction with the autoshow vehicle I was leased, I think any judge or person hearing/reading the case would have no problem either expediting a settlement/claim or forcing a settlement in my favour. But, I'm not a judge, so I can't predict the fall-out. In Toronto, I've been without any cabriolet for a large part of the summer months. Not good. I have all the documentation, statement of claim, court papers, etc. ready to go the day I walk out of the BMW office unhappy with what they offer me and we can't settle the matter.


I don't want to go to court/mediation. I love the 335. But I have to protect myself.

I'm sure the same is for SailinSand.

SailinSand must be furious inside. I know she loves the car, the drop top, etc., and like her, I'm sure, it's not the money, it's the car, give back her car, fixed, or get her a new one, in a TIMELY manner. Enough of calling in engineers, speaking to the engineers at corporate in NA or Germany. Give her the car back fixed, or a new one, pronto (or order another one).

My timeline is 30 days without my vehicle out of 90 days possession. Her leaky roof seems unbelievable. i dont think they're wasting her time or delaying on purpose, but now enough is enough.
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  #95  
Old 09-13-2007, 05:50 PM
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Originally Posted by kalch View Post
nahugry,
if you're referring to me, I am still without my vehicle, but not angry. Noone anticipated the problems I've had with the vehicle since day 1.

If things are not brought to my satisfaction with the autoshow vehicle I was leased, I think any judge or person hearing/reading the case would have no problem either expediting a settlement/claim or forcing a settlement in my favour. But, I'm not a judge, so I can't predict the fall-out. In Toronto, I've been without any cabriolet for a large part of the summer months. Not good. I have all the documentation, statement of claim, court papers, etc. ready to go the day I walk out of the BMW office unhappy with what they offer me and we can't settle the matter.


I don't want to go to court/mediation. I love the 335. But I have to protect myself.

I'm sure the same is for SailinSand.

SailinSand must be furious inside. I know she loves the car, the drop top, etc., and like her, I'm sure, it's not the money, it's the car, give back her car, fixed, or get her a new one, in a TIMELY manner. Enough of calling in engineers, speaking to the engineers at corporate in NA or Germany. Give her the car back fixed, or a new one, pronto (or order another one).

My timeline is 30 days without my vehicle out of 90 days possession. Her leaky roof seems unbelievable. i dont think they're wasting her time or delaying on purpose, but now enough is enough.
AGREE 100%
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  #96  
Old 09-13-2007, 06:01 PM
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MY DEALERSHIP HAS HAD MY CAR LONGER THAN I HAVE!!!!!!! Don't get me wrong I'm not blaming the dealership, but BMWNA.

BMWNA Customer Service is A JOKE! I sent them their 15 day "vehicle defect notification." An engineer came on the 11th, told them a few more things for the dealership to try. Didn't work. They're ordering a few more parts, and are going to try some other "stuff." The dealership has spent sooo many hours working on this. I honestly feel bad for the guys at my dealership, they must be really frustrated too!

I'm filing for Arbitration on September 19th which will be my 30th day w/o the vehicle.

After that BMW gets ONE MORE CHANCE to fix my car. They have ALREADY set that date for OCTOBER 9th. I don't believe there's a time limit on that, so I'm sure they will have it for a week before they decide to throw in the towel (if they do).

If they continue to jack me around like this I will be more than happy to take our (nearly) $70,000 (After TTT, warranty, tire warranty, tinting...etc) elsewhere and buy another car! I LOVE the car, but REFUSE to be treated like **** anymore!

If they offer a replacement vehicle in a timely fashion I would take another 335 Convertible. I REALLY DO love the car! My husband told me to pick out whatever car would make me "happy" and was it! This is my dream car! BUT if BMW can't learn how to treat their customers, they will be losing this one! ...I think we're going to test drive an SLK 350 this weekend.

Sorry for venting... I'm just so hurt and upset by this whole deal. I really feel like BMWNA doesn't care at all.

Last edited by SailinSand; 09-13-2007 at 06:04 PM.
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  #97  
Old 09-13-2007, 06:20 PM
siraseranant siraseranant is offline
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Hi

I currently drive a SLK350. It is fun to drive but not as tight to control as a BMW. It is pretty small comparing to the 335i Coupe. To have a fully loaded vehicle, I spent about $10k on top of the $47k base price(W/O powerseat and automatic climate control). I think the 335i Coupe is a better deal.
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  #98  
Old 09-13-2007, 06:23 PM
siraseranant siraseranant is offline
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ps--it doesn't matter if BMWNA cares about you as long as you get what you want and make them do it. Don't feel bad and take this personal. Like I said originally, I have NEVER met a nice car dealer unless you are related to the owner...cheer up!
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  #99  
Old 09-13-2007, 07:02 PM
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SailinSand SailinSand is offline
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Siraserant- Thanks for the input.

I really do love that 335, but I'm so fed up right now with BMWNA. You're right, I should not expect them to be particularly caring, but to accomplish the goal. I'd think they can buy back my car/order me a new one BEFORE I have to file for arbitration...that's kind of why I feel like they're stringing me along. I feel like they should have already taken care of me and ordered me a new one!
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  #100  
Old 09-13-2007, 07:07 PM
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I have a friend with a Z3 and Z4, is the SLK similar size? ...it looks to be that way. My husband has a 325, so it wouldn't bee too bad if I had a small car. Who knows what we'll end up doing. Honestly, I'd be happy as a clam if they just got me a new 335cic! NO ONE else has had leaking like I have, so I'm 99% sure my new one won't leak like this!
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