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E63 / E64 6 Series (2003 - 2013)
The E63/E64 BMW 6 Series builds on BMW's sporty heritage with aggressive lines and an incredible motor to back the design up. Available in coupe and convertible trims with a standard 4.8 liter engine producing 360 horsepower and 360 lb-ft of torque, the 6-series is a popular choice that exceeds expectations.

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  #26  
Old 01-17-2006, 10:19 PM
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chuck92103 chuck92103 is offline
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I can't remove the astericks.
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  #27  
Old 01-17-2006, 10:25 PM
Malibubimmer Malibubimmer is offline
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Originally Posted by chuck92103
I can't remove the astericks.
When I posted the Civil Code section I used the "section" mark and it came up as code. What did you mean to write? Also, I amended my post, above, to give you a link to "force majeure" ("Act of God") clauses, which is what that provision in the statute was.

Bottom line: SanDiego has rights he does not seem to know or care about. He is certainly laid back about this.

Last edited by Malibubimmer; 01-17-2006 at 10:28 PM.
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  #28  
Old 01-20-2006, 09:24 AM
SanDiego SanDiego is offline
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Quote:
Originally Posted by Malibubimmer
When I posted the Civil Code section I used the "section" mark and it came up as code. What did you mean to write? Also, I amended my post, above, to give you a link to "force majeure" ("Act of God") clauses, which is what that provision in the statute was.

Bottom line: SanDiego has rights he does not seem to know or care about. He is certainly laid back about this.
I appreciate all of the information on lemon law. BTW I am a lawyer, licensed in Texas and California with much litigation experience. I was well aware of my rights - I know how and when to pick my battles. Dealer did agree if I have any more problems we have lemon law issue.
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  #29  
Old 01-20-2006, 11:25 AM
Malibubimmer Malibubimmer is offline
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Originally Posted by SanDiego
I appreciate all of the information on lemon law. BTW I am a lawyer, licensed in Texas and California with much litigation experience. I was well aware of my rights - I know how and when to pick my battles. Dealer did agree if I have any more problems we have lemon law issue.
From your early posts it seemed clear that you didn't want BMW to experiment with you and give you a rebuilt engine. Concerns and complaints were expressed, but you took a course which did not protect your rights. Around day 26 on the replacement engine issue I would have become a winter ground hog.

So, I just don't get it. For me, BMWs are all about the motor. That's the car company's middle name. So I would have picked that battle.

But it's a free country- - even for lawyers.
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  #30  
Old 01-20-2006, 02:39 PM
SanDiego SanDiego is offline
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Quote:
Originally Posted by Malibubimmer
From your early posts it seemed clear that you didn't want BMW to experiment with you and give you a rebuilt engine. Concerns and complaints were expressed, but you took a course which did not protect your rights. Around day 26 on the replacement engine issue I would have become a winter ground hog.

So, I just don't get it. For me, BMWs are all about the motor. That's the car company's middle name. So I would have picked that battle.

But it's a free country- - even for lawyers.
Yes, but it is not a rebuilt engine. I had the dealer note on the work order that engine was new. The only parts from my old engine were the water pump, oil pump, etc. The block head drivetrain all replaced as new. At the end of the day, it would have been a difficult arbitration under the lemon law. However, if I have additional problems - it is a slam dunk.
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  #31  
Old 01-20-2006, 03:31 PM
Malibubimmer Malibubimmer is offline
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Originally Posted by SanDiego
Yes, but it is not a rebuilt engine. I had the dealer note on the work order that engine was new. The only parts from my old engine were the water pump, oil pump, etc. The block head drivetrain all replaced as new. At the end of the day, it would have been a difficult arbitration under the lemon law. However, if I have additional problems - it is a slam dunk.
I went back and reviewed the early posts. They did tell you after the car had languished there for, what, 16 days, that they were going to give you a new engine (with a "meaningless" 2 year warranty). But it seems the dealer was pretty pathetic. I don't know if I would trust a dealer as apparently disorganized as yours to get it together in its shop. On December 29, your posted this in the evening:
Quote:
Originally Posted by SanDiego
Finally called at 4:59 pm (it is already dark in San Diego), after I left a call with the service manager (who did not even know about my car; notwithstanding it has been in the shop since Dec. 3). The car is "ready". I also heard, for the first time, the fix is a remanufactured engine! And, since they only send a short block, the dealer has had to essentially rebuild the engine. So, BMW sells a car that fails at 10,000 miles and the dealer gets to experiment at my risk. Everytime I have asked about the delay, the service rep has told me this is the fist time they have done this work. Gives me a lot of confidence.

I told them I would wait until daylight to pickup the car.
So, at that time you were 26 days into your wait. Had you not called and awakened the service manager (apparently more than once), I think there is a good chance you wouldn't have been told about your car being ready until after the first of the year. And, since Monday (January 2) was a holiday, the earliest they could have delivered it to you was January 3, which was 31 days after your brought it in. Under the Lemon Law, which I quoted above, that's beyond the time limit right there. And that assumes this dealer would have gotten its sh!t together on December 29th. From what I've read, I don't know how likely that is. Since you had an M3 to drive (and presumably a loaner, too). if I had been you I wouldn't have called the service manager.

But, what's done is done. I hope you are right that if you have any other problems you have a slam dunk under the Lemon Law, although from my reading each problem may have the 30-day period for repair and if the next problem is quickly fixed, and only turns out to be the second the car has had . . . well

In my view your best opportunity to get a new car (or other valuable concessions) was when your dealer was moving in slow motion at the end of the year. On the other hand, I hope your car is terrific from here on out.
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