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I'm desperate.

Less than 2 months ago I bought a CPO 2008 328i convertible with 30K miles from BMW in Salem Oregon for $35K. It has another 16 months on its original factory warranty, plus the CPO coverage, plus free maintainance thru 6 years/100k as part of the BMWFS promo.

Here's the short version (really):

The convertible roof started leaking in the rain about a month after I purchased the car. I took it to my local Portland dealer (Rasmussen BMW). After almost 2 weeks in the shop, they were able to "confirm 1mm of difference in clearance between the left and right windshield pillar (larger gap on the drivers side)." :eek:

The following day I was informed by Roy Blumesehein, the head of the service department, that they had conferred with the "district technical department" and determined that the problem was not covered by any BMW warranty because "it did not appear consistent with day to day normal use of the car." They let me know they would take no further action under warranty coverage. :mad:

After soiling my pants, I called BMW NA and spoke with Lainy Chase, a customer representative. She called Rasmussen and confirmed that BMW would not service this issue under the warranty as "our dealers go by whatever the district technical department determines." She informed me I that I have no other recourse with BMW. She did say I always have the "right as a consumer to take legal action.":thumbdwn:

So, I have notified Salem BMW and they have picked up the car and assure me they will "fix the problem." But how can they possibly fix it if BMW NA has said it's not covered -- especially when only Rasmussen has the proper highly technical equipment to work on RHT in all of Oregon?

All in all, my car has been in the shop for 26 days of the 56 that I've owned it for various issues. And yes, this is a BMW official CPO car purchased on January 29, 2011.

Frankly, I would be content if Salem BMW just bought it back at its original purchase price and be done with it.

I've been a loyal BMW owner since 2004. I even flew to Munich to pick up my first one. I feel like BMW is giving me the absolute shaft. In my opinion, it is shameful behavior. Furthermore, it is stupid business. They have lost a 40 year old customer who was likely going to buy BMWs for the next several decades.:tsk:

Can anyone offer me any advice?

Thanks.
-Mike
 

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I'm desperate.

Less than 2 months ago I bought a CPO 2008 328i convertible with 30K miles from BMW in Salem Oregon for $35K. It has another 16 months on its original factory warranty, plus the CPO coverage, plus free maintainance thru 6 years/100k as part of the BMWFS promo.

Here's the short version (really):

The convertible roof started leaking in the rain about a month after I purchased the car. I took it to my local Portland dealer (Rasmussen BMW). After almost 2 weeks in the shop, they were able to "confirm 1mm of difference in clearance between the left and right windshield pillar (larger gap on the drivers side)." :eek:

The following day I was informed by Roy Blumesehein, the head of the service department, that they had conferred with the "district technical department" and determined that the problem was not covered by any BMW warranty because "it did not appear consistent with day to day normal use of the car." They let me know they would take no further action under warranty coverage. :mad:

After soiling my pants, I called BMW NA and spoke with Lainy Chase, a customer representative. She called Rasmussen and confirmed that BMW would not service this issue under the warranty as "our dealers go by whatever the district technical department determines." She informed me I that I have no other recourse with BMW. She did say I always have the "right as a consumer to take legal action.":thumbdwn:

So, I have notified Salem BMW and they have picked up the car and assure me they will "fix the problem." But how can they possibly fix it if BMW NA has said it's not covered -- especially when only Rasmussen has the proper highly technical equipment to work on RHT in all of Oregon?

All in all, my car has been in the shop for 26 days of the 56 that I've owned it for various issues. And yes, this is a BMW official CPO car purchased on January 29, 2011.

Frankly, I would be content if Salem BMW just bought it back at its original purchase price and be done with it.

I've been a loyal BMW owner since 2004. I even flew to Munich to pick up my first one. I feel like BMW is giving me the absolute shaft. In my opinion, it is shameful behavior. Furthermore, it is stupid business. They have lost a 40 year old customer who was likely going to buy BMWs for the next several decades.:tsk:

Can anyone offer me any advice?

Thanks.
-Mike
WOW! Just WOW! If this isn't a warranty issue, I don't know what is.

I recommend letting them know you'll be contacting local media and your state's AG's office to seek recourse under consumer protection laws.
 

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Unfortunately, lemon law in Oregon is only valid for first 12 months after car is initially placed in service. So that's not an options for me. Other ideas?
Sell the car. Or, as a last resort, contact nosteiner4me, he has had a successful repair of E93 top leaks where the top meets the windshield frame.
 

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Just saw another active thread with the same issue as yours -- take a look because it looks as though BMW is helping this person more than they are you... and based on other comments (Nordic Kat), this might be an underlying design problem affecting many owners.

http://www.bimmerfest.com/forums/showthread.php?t=529758
 

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After almost 2 weeks in the shop, they were able to "confirm 1mm of difference in clearance between the left and right windshield pillar (larger gap on the drivers side)." :eek:
Dig a little deeper - what's BMW's spec?

If out of, might your ride have had a collision or other damage?

Gotta be an underlying reason for denial of your warranty claim. Undisclosed problems are a big problem for the seller if exposed!

You say the place you purchased from is making good on the repair, but BMWNA won't? :jack:
 

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The following day I was informed by Roy Blumesehein, the head of the service department, that they had conferred with the "district technical department" and determined that the problem was not covered by any BMW warranty because "it did not appear consistent with day to day normal use of the car." They let me know they would take no further action under warranty coverage. :mad:
What does "...it did not appear consistent with day to day normal use of the car." mean? I'd have them explain what that means and how your problem does not fit into that definition. If they can't clearly define what that means and how your problem doesn't fit that definition then they need to fix it under warranty.
 

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So the CPO car they sold you " did not appear consistent with day to day normal use of the car."? That's crap! You owned it for a month and they say your use of the top is not consistent with day to day use? How do they say that with a straight face? Since BMWNA is not helping, look for help with BMACCA and get a lawyer. Have them draft a letter highlighting the fact the car was a CPO and this problem appeared in a month of ownership while still under warranty coverage. BMW corporate can be so awful, it's no wonder customers run away after an incident like this. Sorry to hear about your troubles.
 

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Just saw another active thread with the same issue as yours -- take a look because it looks as though BMW is helping this person more than they are you... and based on other comments (Nordic Kat), this might be an underlying design problem affecting many owners.

http://www.bimmerfest.com/forums/showthread.php?t=529758
There are leaks and then there are LEAKS. At this point, I don't consider mine to be a major issue, but I will talk to my SA about it at my next service appointment. Mine at this point is just a little droplet issue, but it still annoys me.

I would be interested in knowing why they aren't honoring the warranty, though.
 

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She informed me I that I have no other recourse with BMW. She did say I always have the "right as a consumer to take legal action."
BMW is telling you to hire a lawyer?
 

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There are leaks and then there are LEAKS. At this point, I don't consider mine to be a major issue, but I will talk to my SA about it at my next service appointment. Mine at this point is just a little droplet issue, but it still annoys me.

I would be interested in knowing why they aren't honoring the warranty, though.
Sorry, didn't mean you specifically, but the thread in which you responded seems very related to the OP here.
 

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There are leaks and then there are LEAKS. At this point, I don't consider mine to be a major issue, but I will talk to my SA about it at my next service appointment. Mine at this point is just a little droplet issue, but it still annoys me.

I would be interested in knowing why they aren't honoring the warranty, though.
FWIW, no problem here through Cal's exceptionally wet Winter & Spring so far. Just shy of 20K mi; no collision or other body problem in the mix.
 

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So, I have notified Salem BMW and they have picked up the car and assure me they will "fix the problem." But how can they possibly fix it if BMW NA has said it's not covered -- especially when only Rasmussen has the proper highly technical equipment to work on RHT in all of Oregon?

All in all, my car has been in the shop for 26 days of the 56 that I've owned it
This does sound like an ugly situation.

The answer to "how can Salem fix it?" might be that they CPO'd a car that did not qualify for CPO because of some accident history or buyback or something. Neither BMWNA nor another dealer is responsible for fixing it; Salem is.

You don't say how long the car has been is Salem. It seems to me that a reasonable approach is to give them some time to fix it -- and let them give you a loaner during the time you don't have the car. If they can't fix it, they take the car back and give you your money.
 

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Unfortunately, lemon law in Oregon is only valid for first 12 months after car is initially placed in service. So that's not an options for me. Other ideas?
The "12 months" is a "presumptive period" which varies from state to state but has really nothing to do with whether your car qualifies as a lemon or not. As long as your car was still covered by the original manufacture warranty when the defect occurred, you should qualify, but call a lemon law attorney in your state for consultation.

My concern is like others asked, what was the BMW's justification for refusal. It could be a reasonable one for the refusal so clarify that, but I would still call an attorney first because obviously you have tried the best you could.
 

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Sounds like the roof was damaged by the previous owner (hit or bent) and now it doesn't seal properly. I would classify that as damage "not appear consistent with day to day normal use of the car."

This is a tough one, as a CPO vehicle is supposed to be inspected to near-perfection. So, the OP on this thread really isn't to blame... but is BMWNA (who reimburses warranty costs)?

I bet an attorney could argue that whomever inspected the car when certifying it as CPO failed to do their job thoroughly. They missed the ill-fitting roof. They would be held libel. :thumbup:

Sadly, that will cost money to prove and it destroys your image of the automaker. :tsk:

- Mike
 

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I am guessing that Salem checked the seal when they CPO'd the car. The CPO was signed off, so as far as they were concerned, the seal was in good enough shape whenn they sold the car. Now that it has returned with a broken seal, they can claim that the seal was in good shape when they sold it, and they have the certificate to prove it, so what damage that has occured is post inspection and must be the result of unusual treatment, therefore not covered. The OP has to prove that the dealership knew of the damage when the car was inspected and CPO'd. This won't be easy because you prove that someone is lying or inept.

I had a similar thing with a GFs 'vert. The car was a CPO rag top 1992 E30. It was six years old and only had ~18000 miles at the time. A beautiful blue in great shape, it seemed like a steal and the GF fell in love with it. Then it rained (this was the UK, so we didn't have to wait too long) and the issue was quickly apparent. This went back and forward with no result until one day I was getting my E36 serviced and happened to bump into a technician who was leaving the dealership soon to go to college or something. He commented that remembered the 'vert in question as it had been in a lot since it was new with a leaky roof. So much so that the original owner sold the car. Armed with this new knowledge that the dealership knew of the issue and had a substantial record of attempts to fix it, we contacted the manager. Before you could say BMW UK, a new roof and seals were ordered and the roof was as good as new within a couple of weeks. The OP needs to lawyer up and see if the vehicle has a service history of a leaky roof pre-CPO - this is probably the best chance of getting this fixed under warranty. OP - was the car checked by CarFax? Isn't there a form of warranty associated with CarFax?
 

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Sounds like the roof was damaged by the previous owner (hit or bent) and now it doesn't seal properly. I would classify that as damage "not appear consistent with day to day normal use of the car."

This is a tough one, as a CPO vehicle is supposed to be inspected to near-perfection. So, the OP on this thread really isn't to blame... but is BMWNA (who reimburses warranty costs)?

I bet an attorney could argue that whomever inspected the car when certifying it as CPO failed to do their job thoroughly. They missed the ill-fitting roof. They would be held libel. :thumbup:

Sadly, that will cost money to prove and it destroys your image of the automaker. :tsk:

- Mike
liable?
 

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Ha ha... yeah, that too.

I'm in the middle of three writing projects... Green hybrid technology / Driving 200 mph in a Ferrari / 2008 Infiniti G Series review. Throw in some legal terms and my mind goes blah...

- Mike
 

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Emission wouldn't a law suit decided favoring the OP cover the OP's lawyer, etc. fees? I have to go with the law suit option although it is quite a painful process. I would bet that the dealership and/or BMW NA would try to settle before things get complicated though. In my opinion they are assuming that you would not go to court.
 
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