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X5 E70 (2007 - 2013)
E70 BMW X5 produced between 2007 and 2013. Discuss the E70 X5 with other BMW owners here.

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  #1  
Old 03-21-2013, 04:32 PM
Maddog96 Maddog96 is offline
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2013 X5d Lemon?

Bought a brand new 2013 X5d a month ago. Last week at 455 miles, I get a "low oil pressure" warning which immediately turned to "engine malfunction." Got towed to local dealership and I'm told I need an entirely new engine built ... WTF!

I'm 1.5 weeks in ... Car was supposed to be done by tomorrow but now delayed. I've been working with BMW corporate and have asked for a new car but was told unless it qualifies under CA lemon law, they won't do it. Both the guy at corporate and at the dealership keep asking "what I want" to keep me a happy BMW customer.

Beyond a new car, what do folks suggest? Anyone with prior experience here? I don't want to undershoot ... Naturally an extended warranty but I think I deserve much, much more.

This also hits Carfax so I'm impacted on the back end when selling as well.

Thanks.
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  #2  
Old 03-21-2013, 05:27 PM
old-school old-school is offline
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Nothing less than a new X5d will do if it were me. Push the issue with them. HARD!
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  #3  
Old 03-21-2013, 07:45 PM
ard ard is online now
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lemon law in CA is 30 days. How many days so far? Dont push them, just let it languish. Tell them you are headed out of town on a business trip on Sunday and wont be back until the following Sat...delay.... On day 30 file a lemon claim with BMWNA. Done. As I recall it is cumulative, so it doesnt need to happen on this single visit.

Tell them you want cash. 10k.

They offered me $5k to keep my lemon- i told them to pound sand. I've posted the whole saga. You should look up the various posts on lemoning....

I tell people NOT to start talking about lemon until AFTER you have reached the threshold... now they know you are counting days and the dealer is under pressure to turn it fast. Dont be so anxious to get it back, if the SA is nice he'll play along.

Exactly what work ARE they doing on the motor???
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  #4  
Old 03-21-2013, 08:05 PM
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dcharnet dcharnet is offline
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I suspect that the "time at the dealership" is deemed to be ended when the car is ready, not when it is picked up.
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  #5  
Old 03-21-2013, 09:01 PM
UrbanExtant UrbanExtant is offline
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Quote:
Originally Posted by dcharnet View Post
I suspect that the "time at the dealership" is deemed to be ended when the car is ready, not when it is picked up.
Having just lemoned an Audi, I can say, definitively, this is the case in PA. In fact, delaying picking one's vehicle up to "buy time" can, and often does, backfire. Perhaps other states are different.
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  #6  
Old 03-21-2013, 09:13 PM
rodnjen rodnjen is offline
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If it needs a new engine, it needs a new engine. Let them replace it and move on with your life. Had an engine replaced in an ML 350 at 9000 miles, it was the perfect vehicle after that.
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  #7  
Old 03-22-2013, 06:14 AM
ard ard is online now
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Quote:
Originally Posted by dcharnet View Post
I suspect that the "time at the dealership" is deemed to be ended when the car is ready, not when it is picked up.
Mine sat at the dealer when I was in Europe, maybe my SA was being nice, but I had 60 days when I lemoned mine....

Love to hear what someone meant by 'backfire'... In concrete terms.

Plus op Said entirely new engine BUILT. ... So wondering if he is getting at rebuilt, or a new engine....
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  #8  
Old 03-22-2013, 07:02 AM
smyles smyles is offline
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Quote:
Originally Posted by Maddog96 View Post
This also hits Carfax so I'm impacted on the back end when selling as well.
How exactly does it hit Carfax?

Given it happened to a new car, I'd ask for a replacement, but if they don't budge/start to argue, etc., I'd settle for warranty and service 6/100 extensions - even if you don't plan to keep it that long, it will help with the resale value.
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  #9  
Old 03-22-2013, 07:12 AM
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ductman ductman is offline
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Quote:
Originally Posted by UrbanExtant View Post
Having just lemoned an Audi, I can say, definitively, this is the case in PA. In fact, delaying picking one's vehicle up to "buy time" can, and often does, backfire. Perhaps other states are different.
I also was a member of the Audi lemon club, 2010 Q5 Transmission failure, I never made any inquires about the status of the vehicle whatsoever, in fact at day 24 the new trans came in , but guess what, wrong one was shipped from Germany, at day 30 I was offered a new vehicle or refund, I took the refund, trans died at 347 miles on the car.
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  #10  
Old 03-22-2013, 09:47 AM
Maddog96 Maddog96 is offline
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Thanks everyone for feedback. Car will likely be ready w/in 2 weeks of breaking down ... don't think I can stretch to 30 days. My understanding (as a non-technical person) is that BMW is building a new engine, with new parts.

So let's assume I can't get to 30 days under the lemon law ... one suggestion so far was 6/100 extended warranty - this was the path I was going down but should I not as for more? I want a new trailer hitch; throw that in? Ask for a 10yr warranty? What do others think?

Thanks again.
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  #11  
Old 03-22-2013, 09:53 AM
jashearer jashearer is offline
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Quote:
Originally Posted by smyles View Post
How exactly does it hit Carfax?

Given it happened to a new car, I'd ask for a replacement, but if they don't budge/start to argue, etc., I'd settle for warranty and service 6/100 extensions - even if you don't plan to keep it that long, it will help with the resale value.
The carfax on my CTS-v shows all warranty work done by my dealer.... not sure why but it does
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  #12  
Old 03-22-2013, 11:59 AM
UrbanExtant UrbanExtant is offline
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Quote:
Originally Posted by ard View Post
Mine sat at the dealer when I was in Europe, maybe my SA was being nice, but I had 60 days when I lemoned mine....

Love to hear what someone meant by 'backfire'... In concrete terms.

Plus op Said entirely new engine BUILT. ... So wondering if he is getting at rebuilt, or a new engine....
By backfire, I meant it can be used against you. If you don't pick up the vehicle when it's done, you're viewed as "uncooperative", which hurts you if you end up in court, and it also dings credibility, e.g. are you delaying pickup to get more time at the dealership, are you trying to make this something more than it is, etc. If the manufacturer isn't "nice" and won't let you lemon the vehicle without a fight, time the vehicle spent at the dealership is scrutinized. For example, my vehicle was being worked on for one of the issues it was lemoned for, at the same time minor bodywork was done. The repair was done before the bodywork was finished. We could NOT use the days it was still out of our hands, at the dealership while they completed the bodywork, even though it was technically out of use, and at the dealership. We used an excellent attorney during our lemon law process, and we learned a lot of things. Lemon law cases are often not as simple as they appear. My "lemoned" car had over 165 days out of service in the first 11 months, and it was still a struggle to win.

I will add, this experience was not with BMW, but rather, with one of its competitors. However, our attorney said the advice he gave us was relevant to any lemon law case he'd worked on with any manufacturer. The only difference he said was that some manufacturers are more willing to settle.

To the OP, my best advice would be to speak with a lawyer who specializes in lemon law cases.

Last edited by UrbanExtant; 03-22-2013 at 12:11 PM.
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  #13  
Old 03-22-2013, 01:51 PM
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BMW Power BMW Power is offline
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Mein Auto: 2012 X5 35d
When the manual transmission on my 545i went at 5,000 miles they replaced it with a BMW rebuilt unit. I wouldn't be sure it is new unless it says so on the paperwork.
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  #14  
Old 03-22-2013, 03:01 PM
BenF12400 BenF12400 is offline
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?What actually happened to the engine?
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  #15  
Old 03-22-2013, 03:08 PM
Maddog96 Maddog96 is offline
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No clue other than error messages I got; "low oil pressure" and right to "engine malfunction"
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  #16  
Old 03-22-2013, 03:55 PM
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ndabunka ndabunka is offline
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Quote:
Originally Posted by Maddog96 View Post
Thanks everyone for feedback. Car will likely be ready w/in 2 weeks of breaking down ... don't think I can stretch to 30 days. My understanding (as a non-technical person) is that BMW is building a new engine, with new parts.

So let's assume I can't get to 30 days under the lemon law ... one suggestion so far was 6/100 extended warranty - this was the path I was going down but should I not as for more? I want a new trailer hitch; throw that in? Ask for a 10yr warranty? What do others think?

Thanks again.
Don't get an "understanding". Get it in WRITING! I personally would not "accept" a rebuilt engine since the car was essentially "new". Let BMW see how well THEY can do selling a new car with a rebuilt engine.

If they DO give you a NEW engine, have them put that on paper.
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  #17  
Old 03-22-2013, 07:45 PM
ard ard is online now
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The 30 days is cumulative.... All sorts of ways to trip codes and bring it back in... They all add up. They can screw with you now, but plant he war right and you will prevail....
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