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540ia Lemon, 2nd Notification Letter to BMW (archive)

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Posted by John Sain on July 09, 2000 at 18:43:28:

John R. Sain, III & Dr. Elena K. Sain
E-mail: [email protected]
17 March 2000

Attn. Elisha Brown
BMW of North America, Inc.
Executive Office
Customer Relations Manager
300 Chestnut Ridge Road
Woodcliff Lake, NJ 07675

Dear Madam,

This is a Motor Vehicle Defect Notification 1998 BMW 540iA VIN: WBADE6328WBW58565

The vehicle has been out of service at least 40 days to repair one or more substantial defects.

Five or more repair attempts have been made to repair the same substantial defects or conditions.

This is the second notification of the final opportunity (original sent 11 October 1999) to correct the continuing substantial defects or conditions.

We informed BMW NA Customer Service of the problem and Mr. Heath Myers stated "not to send a letter, we will take care of the problem." In addition, Mr. Chack Winick stated that no letter was needed. In my conversation with BMWNA yesterday, this was again confirmed.

BMWNA Customer Service said "so many problems with a 540 was very unusual should be no more than 3 service trips in 3 years." They dispatched a Service Engineer from BMWNA.

BMWNA Engineer flown in to look at car stated, "So many bad parts and days in the shop, have you retained a lawyer yet? I have found a NEW problem, here are the reports that the transmission has a problem." Taped conversation! After the engineer inspected the car and found no engine trouble, the car reverted to the problem listed in numbers 1 and 2 below. This condition lasted for 4 hours.

Description of continuing defects or conditions:
1. "Check Engine" light comes on very often. Continues
2. Engine shakes, shudders, entire car trembles, smokes, burned smell, and engine runs rough, random, dies while driving in traffic. Very dangerous, several near wrecks, one documented by and with a state trooper. He was following on highway in traffic, said car started smoking, rapid deceleration, and HE nearly hit us. This condition continues!!! Continues
3. Clicking noise from rear of car. Continues
4. Traction control light comes on. Continues
5. Driver seat and steering wheel locks. Prevents car from operating. Continues
6. Navigation computer defective, replaced, still undependable. Many problems still exist! You can and do get very lost if you follow the directions provided, some 20-mile errors! Continues
7. Driver seat panel was replaced, defective construction.
8. Windshield wipers did not work for 3 weeks. Motor and others was replaced. Clicking noise.
9. BMWNA Service Engineer states there is a transmission defect and has provided printouts. Continues
10. Replaced brakes and rotors, defective, noisy. Still squeal. Continues
11. Paint is coming off the car. (Peels) Continues
12. Tires have unusual wear patterns. Continues
13. Ignition switch sticks in the start position leaving starter motor running.
14. Windshield washer bottle leaked, bottle and pump replaced.
15. Replaced navigation system panel in trunk would not close.
16. Right outside mirror stays in the down position.

The car has been serviced by:
A. Cain BMW Canton, Ohio
B. Dave Ostrum BMW, Prep and delivery from this dealer, original title in Iowa Des Moines, Iowa
C. Peabody BMW Peabody, MA
D. Fields BMW Winter Park, Florida

We reached a point where our faith in the reliability of the vehicle is shaken and we no longer trust the vehicle. This is unsafe, unreliable vehicle.

Everything considered, We feel there is ample evidence for us to receive compensation for and return this vehicle under the Iowa State Lemon Laws and numerous other state and federal consumer protection regulations in which we have rights for compensation.
Please, reply within 10 days.


John R. Sain, III & Dr. Elena K. Sain

Ohio Attorney General
Iowa Attorney General

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