E90Post
 


 
BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > General E90 Sedan / E91 Wagon / E92 Coupe / E93 Cabrio > BMWNA volunteered to lemon buyback my CPO (not hpfp related)



Reply
 
Thread Tools Search this Thread
      07-20-2011, 10:50 PM   #1
jw95275
Private First Class
13
Rep
158
Posts

Drives: 2013 Audi S5
Join Date: Jul 2010
Location: San Jose, CA

iTrader: (0)

Exclamation BMWNA volunteered to lemon buyback my CPO (not hpfp related)

I have a 2007 335i coupe and it's loud. Sounds like exhaust was modded, but it's not. Brought to the attention of SA on two separate trips while getting other things fixed, and was told it sounds normal. Decided to measure sound level after the latest rejection, and found out it's almost twice as loud (10db difference) as other 335i's, and even louder than M3s both inside and outside the car.

Brought to the attention of BMWNA on customer satisfaction survey, and got 3 calls. First was to tell me a case was opened and get details of my complaint. Second was to ask me what resolution I wanted. Third was to tell me BMWNA has decided to offer to buyback my car.

I think many of you had to ask multiple times or even hire attorneys to get BMWNA to do a buyback, so I'm suspicious of why they offered it so effortlessly. I did have to make 3 visits to get the injector replaced to rid SES lights, but that alone doesn't make my car qualify in California.

The customer relations rep also gave me the other option of sending an engineer to check out my car, but cannot do both, i.e. have the engineer check out the car, and based on what he says decide to lemon it or not. My thinking is if my car qualifies for lemon, I should be able to lemon it whenever I want. I didn't get much detail from the rep other than that the buyback price is set by a formula in the lemon law.

So what do you think is going on here? I love my 335i other than the fact that it's loud. If I lemon it, will likely replace it with another 335i, but basically wasted 9+% on the California use tax. I think I will tell them to send the engineer, and if I am not satisfied, push for the buyback.
Appreciate 0
      07-20-2011, 11:17 PM   #2
wren57
Roll Tide
wren57's Avatar
590
Rep
2,346
Posts

Drives: 335i
Join Date: Jul 2010
Location: St Louis

iTrader: (10)

Quote:
Originally Posted by jw95275 View Post
I did have to make 3 visits to get the injector replaced to rid SES lights, but that alone doesn't make my car qualify in California.

From my understanding, yes it does.
Appreciate 0
      07-20-2011, 11:18 PM   #3
chromisdesigns
Lieutenant Colonel
45
Rep
1,754
Posts

Drives: 2008 BMW 335i sedan
Join Date: Jan 2010
Location: San Francisco

iTrader: (0)

I believe the California lemon law includes your receiving compensation for the tax -- be sure to check on that before you sign anything.
Appreciate 0
      07-20-2011, 11:35 PM   #4
jw95275
Private First Class
13
Rep
158
Posts

Drives: 2013 Audi S5
Join Date: Jul 2010
Location: San Jose, CA

iTrader: (0)

http://www.dca.ca.gov/acp/pdf_files/englemn.pdf

Quote:
Originally Posted by wren57 View Post
From my understanding, yes it does.
I guess it could fall under the twice or more attempts for problems that could cause serious injuries.

Quote:
Originally Posted by chromisdesigns View Post
I believe the California lemon law includes your receiving compensation for the tax -- be sure to check on that before you sign anything.
Taxes are mentioned, but at the discretion of the arbitrator.

Also, it looks like I have a choice of replacement too. How would that work in my case of CPO purchase? I suppose the replacement would be in similar condition/features/miles as when I took ownership.
Appreciate 0
      07-20-2011, 11:49 PM   #5
issabmw
cool beans
United_States
63
Rep
1,364
Posts

Drives: 325xi
Join Date: Mar 2010
Location: FL

iTrader: (2)

Quote:
Originally Posted by jw95275 View Post
So what do you think is going on here? I love my 335i other than the fact that it's loud. If I lemon it, will likely replace it with another 335i, but basically wasted 9+% on the California use tax. I think I will tell them to send the engineer, and if I am not satisfied, push for the buyback.
I think you got it all figured out. In reality, thats how I think of it. If its going to be replaced by the same or similar car, with nearly identical satisfaction, its not worth the headache unless this can discern your car as defective when it comes time to sell. In your case, this will probably be the case if it doesn't become remedied.

If you would like to keep the car, work with BMW and the engineer. They are usually somewhat negotiable when it comes to finding a satisfactory solution.
Appreciate 0
      07-21-2011, 04:22 AM   #6
John 070
Lieutenant General
1700
Rep
14,829
Posts

Drives: 335i cpe
Join Date: Oct 2006
Location: ZSP/ZPP/ZCW

iTrader: (0)

Quote:
Originally Posted by issabmw View Post

If you would like to keep the car, work with BMW and the engineer. They are usually somewhat negotiable when it comes to finding a satisfactory solution.
imho if you took care of the car and if you're the original owner, you just want it fixed. It's not like they're going to dish out a 2012 670i to replace it.
Appreciate 0
      07-21-2011, 08:07 AM   #7
bamboozle
Enlisted Member
9
Rep
41
Posts

Drives: 550I
Join Date: Nov 2010
Location: Fort Lauderdale

iTrader: (0)

Look into the lemon law in California it should spell it out. Here in Florida if it gets bought back or replaced you will pay for usage. The formula here is price paid for the car x miles / 120,000. As far as money back they cover anything you paid including finance charges.
Appreciate 0
      07-21-2011, 08:13 AM   #8
landau88
First Lieutenant
26
Rep
303
Posts

Drives: 2007 335xi
Join Date: Feb 2011
Location: Philadelphia

iTrader: (0)

Wow I had the exact opposite experience with BMWNA. Purchased my CPO 2007 335xi this past Feb. and within the first 2 1/2 months, my car was in 3 separate times for repairs (1st window regulator replaced, 2nd muffler replaced, 3rd shifter assembly replaced). I escalated to BMWNA stating that I did not expect the rate at which major componants on my vehicle fail to be more than once per month and asked if there is anything they can do like a buyback or some kind of exchange. BMWNA basically said go fuck yourself. They said parts failing is normal and thats the reason they offer the CPO warranty and that it should not be an issue for me because they are covering the repairs. Weird how they are so inconsistent with how they handle customer service.
Appreciate 0
      07-21-2011, 08:31 AM   #9
andrewket
First Lieutenant
3
Rep
329
Posts

Drives: 2011 335is Convertible DCT
Join Date: Jul 2007
Location: Northern VA

iTrader: (0)

Quote:
Originally Posted by wren57 View Post
From my understanding, yes it does.
Lemon law only applies to the original owner.
__________________
2011 BMW 335is Convertible
2011 Toyota Sienna Ltd AWD
2010 Lexus HS250h
2010 Honda Civic LX
Appreciate 0
      07-21-2011, 09:42 AM   #10
xtremecruiser
First Lieutenant
xtremecruiser's Avatar
34
Rep
317
Posts

Drives: 08 Waterfall Vert
Join Date: Aug 2008
Location: SC

iTrader: (0)

Quote:
Originally Posted by landau88 View Post
Wow I had the exact opposite experience with BMWNA. Purchased my CPO 2007 335xi this past Feb. and within the first 2 1/2 months, my car was in 3 separate times for repairs (1st window regulator replaced, 2nd muffler replaced, 3rd shifter assembly replaced). I escalated to BMWNA stating that I did not expect the rate at which major componants on my vehicle fail to be more than once per month and asked if there is anything they can do like a buyback or some kind of exchange. BMWNA basically said go fuck yourself. They said parts failing is normal and thats the reason they offer the CPO warranty and that it should not be an issue for me because they are covering the repairs. Weird how they are so inconsistent with how they handle customer service.
Appreciate 0
      07-21-2011, 10:01 AM   #11
E91toG05
Captain
E91toG05's Avatar
342
Rep
610
Posts

Drives: 2022 X5 45e
Join Date: Oct 2010
Location: New York, NY

iTrader: (0)

Quote:
Originally Posted by andrewket View Post
Lemon law only applies to the original owner.
My understanding is that this is correct - no lemon law protection on CPO.
Appreciate 0
      07-21-2011, 10:09 AM   #12
Never-Enough
Banned
United_States
48
Rep
1,038
Posts

Drives: 2007 335xi E90
Join Date: Feb 2011
Location: PA

iTrader: (19)

If you break even or make $ on the buyback do it now. If they are offering less & causing you to lose $ (taking tax etc into account) tell them you want X number.
Appreciate 0
      07-21-2011, 10:39 AM   #13
bigj505
Captain
bigj505's Avatar
United_States
359
Rep
622
Posts

Drives: 2016 BMW M4
Join Date: May 2011
Location: Baltimore,MD

iTrader: (3)

i'd honestly do the buyback then buy an used CPO LCI.
1. i like the LCI look better
2. an 07 is probably out of the factory 4 yr/50k warranty or near the end of it
3. they might offer you more as a buy back than you would get for a trade / private sale otherwise. - more or less capitalizing on the opportunity that doesnt come up often
Appreciate 0
      07-21-2011, 11:13 AM   #14
Never-Enough
Banned
United_States
48
Rep
1,038
Posts

Drives: 2007 335xi E90
Join Date: Feb 2011
Location: PA

iTrader: (19)

Quote:
Originally Posted by bigj505 View Post
i'd honestly do the buyback then buy an used CPO LCI.
1. i like the LCI look better
2. an 07 is probably out of the factory 4 yr/50k warranty or near the end of it
3. they might offer you more as a buy back than you would get for a trade / private sale otherwise. - more or less capitalizing on the opportunity that doesnt come up often
I would also do buyback as I posted above, but I have to say that I would not buy another BMW after that.
Appreciate 0
      07-21-2011, 11:51 AM   #15
Mr. Grumpy
BMW Enthusiast
Mr. Grumpy's Avatar
United_States
25
Rep
303
Posts

Drives: 2022 X5
Join Date: Mar 2010
Location: Home of the brave.

iTrader: (2)

Quote:
Originally Posted by Never-Enough View Post
If you break even or make $ on the buyback do it now. If they are offering less & causing you to lose $ (taking tax etc into account) tell them you want X number.
__________________
2022 X5 sDrive 40i Carbon Black | Ivory White Vernasca Leather | Aluminum Tetragon Trim | ZMP | ZPP | ZLS | ZPK | 337 | 4NB | 3M2 | 4HB | 7M9 | Black Kidney Grills |
Appreciate 0
      07-22-2011, 02:12 AM   #16
jw95275
Private First Class
13
Rep
158
Posts

Drives: 2013 Audi S5
Join Date: Jul 2010
Location: San Jose, CA

iTrader: (0)

Thanks for all the advice. Any idea on what problems I could be having with my car?

Previously I thought it sounded like it had golf tee mod, but could not find evidence of it (both cable and valve pipe methods), and on top of that there is a clicking sound. I only found out about wastegate rattle yesterday on 335i from a front page thread, and sounds similar too. It kinda sounds like wastegate rattle with golf tee mod: a higher range clicking sound, combined with low range rumble.

At this point I'm leaning towards lemon replacement rather than buyback. What should I be asking for in this case? All taxes and fees for sure, though what about the mileage offset. Only 1500 miles to first shop visit, so not a large amount. Will probably lose $200-300 reselling the cosmetic mods that I recently got, if replacement not the same colour. I suppose could also lawyer up to make sure I don't get screwed.

Last edited by jw95275; 07-22-2011 at 02:43 AM..
Appreciate 0
      07-22-2011, 02:39 AM   #17
jw95275
Private First Class
13
Rep
158
Posts

Drives: 2013 Audi S5
Join Date: Jul 2010
Location: San Jose, CA

iTrader: (0)

Quote:
Originally Posted by andrewket View Post
Lemon law only applies to the original owner.
Quote:
Originally Posted by eitingon View Post
My understanding is that this is correct - no lemon law protection on CPO.
The guidelines for California says new or used vehicles, as long as it's still covered under factory warranty. I took ownership, and reported issues while still under factory warranty. Since BMWNA already says/admits my car qualifies, I think I am already way ahead of most people in lemon cases. Definitely going to ask them to confirm it in writing soon.
Appreciate 0
      07-22-2011, 08:43 AM   #18
bimmer_335
Major
177
Rep
1,123
Posts

Drives: 540 mSport
Join Date: Jul 2009
Location: In the middle of nowhere, TX

iTrader: (1)

sell it back to them... its not worth keeping a car that BMW reconginizes has issues.

Get your money back and find something else.
Appreciate 0
      07-22-2011, 10:49 AM   #19
wren57
Roll Tide
wren57's Avatar
590
Rep
2,346
Posts

Drives: 335i
Join Date: Jul 2010
Location: St Louis

iTrader: (10)

Quote:
Originally Posted by andrewket View Post
Lemon law only applies to the original owner.
Yes, but I didn't see where he said he wasn't the original owner.
Appreciate 0
      07-22-2011, 11:14 AM   #20
5tony
Lieutenant
United_States
146
Rep
499
Posts

Drives: '21 M5/'15 X5 35i/'88 M3
Join Date: Jul 2010
Location: Atlanta

iTrader: (1)

Quote:
Originally Posted by wren57 View Post
Yes, but I didn't see where he said he wasn't the original owner.
It's a CPO, so he can't be the original owner. However as someone else mentioned, lemon laws vary greatly from state to state and it might be covered.
Appreciate 0
      07-22-2011, 11:32 AM   #21
MaximusJ
Colonel
MaximusJ's Avatar
Canada
301
Rep
2,485
Posts

Drives: 340Xi MG 2017
Join Date: Jul 2010
Location: Quebec, Canada

iTrader: (21)

Garage List
Quote:
Originally Posted by 5tony View Post
It's a CPO, so he can't be the original owner. However as someone else mentioned, lemon laws vary greatly from state to state and it might be covered.
You can have your own car CPO'ed a month before the end of the manuf. warranty.

Never done it, but they called me a week before that date last summer.
__________________
Mineral Grey '17 F30 340XI
[Garage] // [Build Journal]

Jet Black '06 E90 325I
[Garage]
Appreciate 0
      07-22-2011, 11:33 AM   #22
TX78666
Lieutenant
7
Rep
443
Posts

Drives: e46 330i ZHP, N55 135i
Join Date: Jul 2011
Location: 78666

iTrader: (0)

Quote:
Originally Posted by bamboozle View Post
Look into the lemon law in California it should spell it out. Here in Florida if it gets bought back or replaced you will pay for usage. The formula here is price paid for the car x miles / 120,000. As far as money back they cover anything you paid including finance charges.
I can't make this equation work. It seems to indicate that as mileage approaches 120,000, buyback price goes up, until ultimately hitting the original purchase price (or surpassing it, if mileage is over 120,000).

Maybe you mean (price/120000)*(120000-miles)?
__________________
Because... grocery getter.
Appreciate 0
Reply

Bookmarks

Tags
335i, bmwna, lemon, loud, noise

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 06:46 AM.




e90post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST