# Smoke Engine 3x BMW NA does nothing!



## dv8ed (Dec 23, 2003)

** WARNING: Please read for your own protection. **

I did a lot of research to decide on getting my 2004 BMW 525i. This is a purchase not a lease. There has been smoke coming from the engine and they have attempted to fix my car 3 times already. I have no confidence with my current engine and would like the car replaced since it's brand new. Less than 600 miles and the car is in for service. I've had the car for less than a month and have not been able to enjoy it at all. I've been faced with the biggest inconvenience ever. Not only am I paying the $750 a month and $8342 that I did for the down payment. I am paying the enterprise car rental insurance fee of $24.95 a day because they are out of BMW loaner vehicles. I'm stuck with two huge rental bills so far because of the number of days it's been in the shop. 

This new car purchase has been making me pull out a lot of money out of my pockets. First month purchase and the car has been in service more than I've been driving it. It does not look good when you have a new car and SMOKE is coming out from underneath the hood and underneath the car. I don't even have my license plates yet. Everyone is saying what is wrong with that new BMW?

BMW of North America is doing nothing about it. My BMW National Customer Service representative lady has only told me how the airbag/seatbelt warning light functions. I already know how it functions. She also tried to schedule service appointments for me but NOTHING ELSE. The place where I purchased it from Valencia, BMW has done nothing except to take it back to where you serviced it from or call BMW NA. I am appalled at the way they are treating my problem.

1st Attempt: Replaced valve gasket cover.
2nd Attempt: Replaced valve gasket cover & Top cover?
3rd Attempt: Replaced main cylinder on engine.

I've had other minor problems.
a.) When I first drove my car off the lot on Nov. 15th, 2003 within 2 hours I had a airbag/seatbelt restraint fault. I-Drive says take to your local service dealer to repair. 
b.) I started the car later that night everthing was in German and I had to read the english manual to navigate myself to change the text back to English.
c.) My CD player always jumps back to track 01 when you start the car.
d.) Xenon lights do not turn off automatically in the daytime. (Intermittent)

I caution everyone not only to test drive their car but to open the hood after the test drive and check for leaks. Ask what the dealer or what BMW NA can possibly do for you if something like this happens to you with in a matter of a week of ownership before purchasing or leasing your vehicle. They have done nothing for me yet. If they ever do anything for me I will let you all know.


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## Tom S. (Nov 15, 2003)

*LEMON LAW - Contact your local trade*

bureau and/or attorney general office to find out the details and how to proceed with it further.


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## jzdinan540i (Nov 22, 2002)

dv8ed said:


> ** WARNING: Please read for your own protection. **
> 
> I did a lot of research to decide on getting my 2004 BMW 525i. This is a purchase not a lease. There has been smoke coming from the engine and they have attempted to fix my car 3 times already. I have no confidence with my current engine and would like the car replaced since it's brand new. Less than 600 miles and the car is in for service. I've had the car for less than a month and have not been able to enjoy it at all. I've been faced with the biggest inconvenience ever. Not only am I paying the $750 a month and $8342 that I did for the down payment. I am paying the enterprise car rental insurance fee of $24.95 a day because they are out of BMW loaner vehicles. I'm stuck with two huge rental bills so far because of the number of days it's been in the shop.
> 
> ...


There is a lemon law protecting you. Do some research in your area and find a lemon law attorney. BMW will take care of you, and fast. They will make you sign a confidnetiality agreement, but you will get a new engine or car.


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## vietsb (Apr 8, 2003)

dv8ed said:


> I caution everyone not only to test drive their car but to open the hood after the test drive and check for leaks. Ask what the dealer or what BMW NA can possibly do for you if something like this happens to you with in a matter of a week of ownership before purchasing or leasing your vehicle. They have done nothing for me yet. If they ever do anything for me I will let you all know.


I hope this isn't what most E60 owners have to look fwd to. Would like to see BMWNA take care of you on this one.


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## Terry Kennedy (Sep 21, 2002)

dv8ed said:


> BMW of North America is doing nothing about it. My BMW National Customer Service representative lady has only told me how the airbag/seatbelt warning light functions. I already know how it functions. She also tried to schedule service appointments for me but NOTHING ELSE. The place where I purchased it from Valencia, BMW has done nothing except to take it back to where you serviced it from or call BMW NA. I am appalled at the way they are treating my problem.


The partticular Lemon Law for California (I think you're in California, right?) is "CA Civil Code Section 1793.22 (Tanner Consumer Protection Act)". The relevant section reads:

_It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within one year from delivery to the buyer or 12,000 miles on the odometer of the vehicle, whichever occurs first, either

1. the same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity or

2. the vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents.

The buyer shall be required to directly notify the manufacturer pursuant to paragraph (1) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner's manual, the provisions of this section and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraph (1). This presumption shall be a rebuttable presumption affecting the burden of proof, and it may be asserted by the buyer in any civil action, including an action in small claims court, or other formal or informal proceeding._

I would start by hand-delivering a letter to your dealer's service manager saying that if the car is not fixed promptly and correctly this time, you will be pursuing a Lemon Law claim. Normally that is enough to get them going on fixing it. If they still can't fix it after that, then you can pursue the specific remedies listed in the statute. I'm not familiar with California law, so I don't know whether you can (or should) represent yourself in this or if you should get a lawyer. Most reasonable attornies should be willing to briefly discuss the issue with you without charge and give you an idea what is involved.


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## kdshapiro (May 1, 2003)

Clearly that stinks and good luck. I know of someone who drove a new Honda off the lot, had a major component failure that caused a car crash. Car was not quite totaled. Dealer/insurance payed. Car was fixed.

Make 'em do right by you.


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