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reasonable? (archive)

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Posted by EricS on July 05, 2000 at 15:55:09:

In Reply to: Re: BMW Quality?? 528i Lemon... posted by Len House on July 05, 2000 at 15:28:57:

I think it is unrealistic to expect 100% of your money back on a car with 9,100 miles given the conditions that you experienced. It you are listening to your attorney, understand that he doesn't make the big bucks unless it goes to trial.

: 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.

: Sincerely,
: 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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