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Re: BMW Quality?? 528i Lemon... (archive)

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Posted by Len House on July 05, 2000 at 15:28:57:

In Reply to: BMW Quality?? 528i Lemon... posted by Len House on July 05, 2000 at 15:26:47:

The BMW Dealer just made me an offer over the phone to do what they call a "Trade Assist" in which they will take my car back, plus have me pay an
additional $3,000 and they will give me a new car. Why should I pay anymore than I already have when I never got what I initially paid for? After
laughing hysterically I faxed them the following letter...........
Bob Forcini - GM Open Road BMW

Dear Bob,
Thank you for getting back to me today about my car. I do appreciate the offer of a “trade assist” that you spoke of, however, I am extremely opposed
to paying any more money to BMW than I already have. On Nov. 26.1999 I paid your dealership $47,785.39 for a brand new BMW 528i, including the
fees and taxes. Two days after I bought the car I had to bring it back into your dealership because your people did not program the key codes properly at
delivery. Two weeks after having the car I had to bring it in for a traction control problem and a dashboard problem. So almost from the very start I had
problems, even though they were small in the beginning I was still inconvenienced, and they did escalate up to the more serious situation at hand. For the
first six months of ownership of my new car, I only had the car for 5 months, you had it for 1 month total for all the necessary repairs. The point I am
making here is this, if I had the car for a year or even six months and had no problems I could almost understand a “usage fee” on my part. In this
current situation where I have had problems all through the first six months not to mention the amount of aggravation it took for me to get it to this point
- I can not see paying any more than I already have. This engine problem was a defect from the moment that car left the assembly line, I know there were
almost 200 other cars manufactured during that same time period that were made with the same casting defect in the cylinder head. I know it was not
intentional, and I know no one at BMW actually knew about this problem until it started to show up in a few cars, but never the less, the day I bought
that car it already had the defect so I did not get what I had originally paid for - a new car - and I will not pay any more than I already have. All I want is
what I already paid you a great deal of money for - a new BMW 528i equipt exactly as the defective one I got (minus the defects of course) I think I
have been put through more than enough problems and aggravation over this and at this point I feel I am being taken advanntage of.
The way I see it we have three options here that would be acceptable to me and hopefully to you....

1) the moral and ethical choice -You give me what I initially paid for, A NEW CAR, with NO additional cost to me.... OR

2) You REFUND me ALL of my money including tax and title MINUS a mutually agreed upon usage fee.... OR

3) Please understand, I am not trying to play hardball or be a tough guy here, I just want what is right, and what is owed to me. I want what I paid you for
in the first place. No more - and certainly no less...If niether of the 2 choices above is acceptable to you I will continue with my case against BMW of
North America and OpenRoad BMW through the Lemon Law Division AND through NJ State Civil Court. I have already retained legal services from
the law firm of Shamy, Shipers and Lonski in New Brunswick to represent me in this case. Nobody actually wins this one, there are only degrees of loss
for both of us. But, if we go this route you have substantially more of a downside than I do. The car gets declared a “LEMON” - you have severe
restrictions put on the resale of it, you pay your legal fees, plus my legal fees, plus my money back, plus all the bad publicity that goes along with
something like this. And me, I get even more aggavation and even more of my time taken up over something that is just so ridiculous from the first place.
I do not wish to go this route but I will if you leave me no acceptable alternative.

Len House

: Here is the Lemon Law letter I sent to BMW Corporate via certified mail and to the dealer... this is after several other letters and faxes. I have still not
: received an official response back froom them and the car is still at the dealer.....

: Monday, June 12, 2000
: BMW of North America, Inc.
: Kevin J Healy, Esq.
: 300 Chestnut Ridge Road
: Woodcliff Lake, NJ 07675

: To Whom it May Concern:
: After more than several unsuccessful attempts to resolve this matter with both the BMW Dealer and with Mr Joe Kurdock at BMW Corporate offices, it
: would seem to me that the only way that BMW is willing to take care of a customer who is having on going problems with his or her car is if a state law
: forces them to do so. That is truly sad...
: I believe that my 2000 BMW 528ia is a “LEMON” under the New Jersey State Lemon Law ( N.J.S.A. 56:12-29 to 56:12-49) and I am hereby making
: a written demand for relief under the NJ Lemon Law. I purchased my 2000 BMW 528ia VIN# WBADM6342YGU09592 on Nov. 26, 1999 from Open
: Road BMW in Edison, NJ. Since I bought the vehicle I have had to return it to the dealership 6 times. As of Tuesday June 13th, 2000 my vehicle has
: been out of service to me for a total of 20 calendar days - and counting - because they still have not fixed the problem. The car is currently at Open Road
: BMW. The current mileage on my vehicle is approximatly 9,100 miles. The first incident of engine trouble occurred at approximatly 3200 miles. My
: vehicle has been in for repairs six times including this current visit for a variety of problems. They are as follows: dash alignment-2 times, traction
: control-1 time, smell of anti-freeze coming through the ventilation system-2 times so far, passenger side airbag-2 times so far, cd changer-1 time, tearing
: down the engine to replace a defective engine cylinder head-2 times so far..once for an anti-freeze leak and once for an oil leak, in both instances the
: engine head was found to be defective. Let me point out at this time that I did not purchase a used vehicle from you, this was a NEW CAR which I
: purchased from your company for nearly $50,000 six months ago!! Since these defects have substantially impaired the use, value, and safety of my
: vehicle, I expect a replacement vehicle equipt exactly as this one (minus the defects of course), or a full refund. At this point I would be willing to accept
: a replacement, I know these types of problems I have had are not indicitive of BMW’s quality overall. But I have lost complete faith and trust in that
: particular vehicle and I can not accept the same vehicle back. I won’t even go into the outstandingly poor customer service I was exposed to at the Edison
: BMW dealership. I look forward to hearing from you soon. You can reach me at (732)422-8*** or my cell phone at (908)419-7***. I hope we can
: resolve this matter before it gets to the state court level, but I am ready, willing, and able to take this to whatever legal level I have to in order to get it
: resolved.

: Sincerely,

: Len House

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