Regarding the engine failures - BMW M3 (E46 M3) Message Board & Forum

lets put driver error or not to the side. Lets even say it is driver error. Fine!

Lets look at legal issues that my lawyer pointed out to me.

1) Is is LEGAL for BMW NA to just "Tell" someone that their engine failed due to driver error and not cover by warranty WITHOUT having to show proof and give a copy of the ECU print out to the customer in question?! All the people that I have been dealing with in the last week over the phone that have had engine failures and have either "settled" and are not allowed to speak about it, or are still in the process of trying to settle, NO ONE has a copy of the prinout. A few (2 and alex) have stated (again) that 8560 was the rpms they were told.

2) Is it legal after BMW NA settles, that they replace an engine or diff, buy the car back at whatever price from the customer with problem...(most of us want out of the car once this happens - GLADLY) and then BMW NA sells the car (normally at MSRP again - used) without having to disclose the "problems" to the new owner.

3) Is there enough potential circumstancial evidence to open up an inquiry on the 2001 and 2002's E46 M3's. It seems that: a) the car was delayed for over 1 year due to engine problems, b) reports (I am talking about the confirmed ones) are surfacing of 6 speeds and SMG's with failures with many unanswered question....oil starvation...6th rob/bearing lack of lubrication....4mm vs 7mm spacing...rpm gage maybe innacurate and not REAL rpm read out?? etc etc.

4) people that have reported exact same engine failures and data readout have had different "happy endings" with BMW (NO - I wished it was that kind of happy ending - hehe). Is BMW NA setting a legal precedent by settling and paying under warranty with some, yet not with others?!

5) BIG QUESTION about MONEY: is BMW NA possibly aware of a problem (whether manufacturing, assembly or engineering fault) in the earlier engines (even though we can consider all these to be "early" models as the car was released 1 year in this market) and is MAKING RUNNING CHANGES as we speak (wasnt there a production delay of 2 weeks recently?!) and hoping that out of that "small" % of problems that are now occuring, were even a "smaller" % of people will make an issue out of it cause they arent informed - it is BETTER for them to make individual "deals" or NOT, and NOT have to make a general RECALL unless forced to? AGAIN, I am just pointing out issues and probablities.

So ultimately, they will have problems with only 01's and 02's and the running changes will have been made?

Even with skipping point 5, all the other points are facts that bring in LEGAL questions. After those are answered and brought in to the open, BMW NA can SAY WITH PROOF IN HAND, YES, you are to blame, NO, you're not to blame. Then we have the issue of the SMG failures which OBVIOUSLY CANNOT blame the driver....that just opens up another CAN of warms where it makes it seem as if their is an underlying issue with the engine fabrication.

I believe these are fair questions to have from any E46 M3 owner!

I like the marketing move of trying to please people with a strut brace now. Thats just another showing of "moving changes" as they call it. Mid 2002 year, they changed the strut brace along with possible something else done to the engine? made the "bu-bu" go away. Perfect timing to change the strut brace if you ask me!