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      07-27-2009, 07:56 PM   #1
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Did BMW buy back your car? Please give your advice.

Hi,

I own a '08 BMW 335i Coupe that will go in for a 3rd fuel pump related issue. I'm going to attempt negotiating a buy back through BMW NA. If you have any experience with this, please share some insight on the process for those of us that will go through this mess.

Thanks!
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      07-27-2009, 08:50 PM   #2
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lemon lawyers are you best bet
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      07-27-2009, 10:23 PM   #3
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If you pursue this, please post your progress. I am considering this if I have another pump failure (2 have been replaced in 3,200 miles).

Thanks, Gart
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      07-27-2009, 10:37 PM   #4
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First step would be sending them notification of breach of warranty. See your state's lemon law criteria. Or sending them a letter explaining the situation and your dissatisfaction. don't call.
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      07-27-2009, 11:06 PM   #5
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3rd fuel pump?

ouch
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      07-27-2009, 11:10 PM   #6
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Amazing how some people have gone through 3 or more fuels pumps, and I have 35k tuned miles and still no issues.

It truly is hit or miss.
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      07-28-2009, 08:46 AM   #7
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      07-28-2009, 08:55 AM   #8
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BMW bought out my old car cause I bought a new one. They paid my last 2 payments, overage in miles, and gave me a great deal on a new car!
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      07-28-2009, 08:55 AM   #9
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      07-28-2009, 10:03 AM   #10
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Quote:
Originally Posted by Gart View Post
If you pursue this, please post your progress. I am considering this if I have another pump failure (2 have been replaced in 3,200 miles).

Thanks, Gart
Gart,

If you choose to pursue that, please PM me.
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      07-29-2009, 12:18 PM   #11
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So I've had a busy few days speaking to lawyers, service advisors, sales people, and service managers.

Here's a little background on the car: I was driving and all of a sudden it felt like I was pulling a tractor trailer behind me. The car lost power and you can feel the engine stuttering. This is the 3rd time it has happened. 1st time, fuel pump. 2nd, intake manifold and "nipple"?.

The very first thing I did as soon as I got home was call a Lemon Law lawyer before even scheduling a service appointment. After a quick evaluation of the situation, she started emailing retainer paperwork and sent a package to my house to hire them as my attorney. Seems like this is a home-run case for them.

Then, I went in for service. The car is currently still there. Fine by me because the longer they have it, the better for my case. When I got home, I wrote a letter to BMWNA and sent it to their Woodcliff Lake, NJ address certified w/ a return receipt. The letter basically outlined my problems and the timeline. I made them aware that the vehicle is in breach of the Lemon Law and requested them to take back my car.

Today, I've been on the phone with service advisors, sales, service managers and they all pass the buck. No one seems to know what to do. One thing is for sure, they've all suggested that I don't have a case. Typical.

Don't believe the hype that it has to be the same part that has to be replaced 3 times. If you've experienced the same malfunction 3x then you have a case so long as it happened before your states Lemon Law time and mileage statute.

If you're going through this process, remember, the law is on your side. Get that lawyer in your back pocket and you're practically invincible. Don't let anyone take away your rights. These guys will do anything so that your BMW does not get labeled as a Lemon. That means they'll lie, cheat, and steal before doing the right thing.

I'll keep you all posted of my progress with this mess.
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      07-29-2009, 12:21 PM   #12
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Quote:
Originally Posted by BLACKIMPACT View Post
So I've had a busy few days speaking to lawyers, service advisors, sales people, and service managers.

Here's a little background on the car: I was driving and all of a sudden it felt like I was pulling a tractor trailer behind me. The car lost power and you can feel the engine stuttering. This is the 3rd time it has happened. 1st time, fuel pump. 2nd, intake manifold and "nipple"?.

The very first thing I did as soon as I got home was call a Lemon Law lawyer before even scheduling a service appointment. After a quick evaluation of the situation, she started emailing retainer paperwork and sent a package to my house to hire them as my attorney. Seems like this is a home-run case for them.

Then, I went in for service. The car is currently still there. Fine by me because the longer they have it, the better for my case. When I got home, I wrote a letter to BMWNA and sent it to their Woodcliff Lake, NJ address certified w/ a return receipt. The letter basically outlined my problems and the timeline. I made them aware that the vehicle is in breach of the Lemon Law and requested them to take back my car.

Today, I've been on the phone with service advisors, sales, service managers and they all pass the buck. No one seems to know what to do. One thing is for sure, they've all suggested that I don't have a case. Typical.

Don't believe the hype that it has to be the same part that has to be replaced 3 times. If you've experienced the same malfunction 3x then you have a case so long as it happened before your states Lemon Law time and mileage statute.

If you're going through this process, remember, the law is on your side. Get that lawyer in your back pocket and you're practically invincible. Don't let anyone take away your rights. These guys will do anything so that your BMW does not get labeled as a Lemon. That means they'll lie, cheat, and steal before doing the right thing.

I'll keep you all posted of my progress with this mess.
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      07-29-2009, 12:31 PM   #13
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Hmmm I've taken the car into the dealer for engine malfunction lights and cold start shivers 3 times now and still have cold start shivers. The service Manager told me I don't qualify for a buy back but a trade assist. He also said it HAS to be the same part 3 times to fail not the same issue so since every single time I've taken the car in they have replaced a different part trying to solve the issue the car is not a lemon in their eyes. I feel like I'm being scammed on the real, I'll be contacting a lawyer soon.
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      07-29-2009, 01:51 PM   #14
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Quote:
Originally Posted by Alpine 335i View Post
Hmmm I've taken the car into the dealer for engine malfunction lights and cold start shivers 3 times now and still have cold start shivers. The service Manager told me I don't qualify for a buy back but a trade assist. He also said it HAS to be the same part 3 times to fail not the same issue so since every single time I've taken the car in they have replaced a different part trying to solve the issue the car is not a lemon in their eyes. I feel like I'm being scammed on the real, I'll be contacting a lawyer soon.
Alpine,

I'm not a lawyer, but it sounds like you have a great lemon law case. Ask yourself this, When did it happen the first time and at what mileage. In NJ, it has to happen within 2 years and 18k miles. I have 30k+ miles now, but because the first incident happened at 14k miles, I'm qualified under NJ Lemon Laws.

Keep this in mind, Service Managers and Service Advisors, they're no different from the people selling the cars off the floor. They are trained over and over again to answer all kinds of customer objections. I wouldn't be surprised if they sat in a room for an 4 hour training session practicing how to say " it HAS to be the same part 3 times to fail."

It's funny because that is the first thing the guy said to me too. BUT, I came right over the top and told him what MY attorney said and recited an excerpt from the Lemon Law rules. He had nothing else to say to me.

Remember, the sales people get the cars off the lot and the service managers keep them off the lot. Negotiations don't end at the sales floor. Don't let these cocky and arrogant chumps push you around. Get that lawyer and they'll change their tune. Read your state's lemon laws and get well versed at the rules and your rights, then go back in there and tell 'em who's boss, but in a nice and professional way ofcourse.
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      07-29-2009, 01:54 PM   #15
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      07-29-2009, 02:47 PM   #16
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Quote:
Originally Posted by BLACKIMPACT View Post
Alpine,

I'm not a lawyer, but it sounds like you have a great lemon law case. Ask yourself this, When did it happen the first time and at what mileage. In NJ, it has to happen within 2 years and 18k miles. I have 30k+ miles now, but because the first incident happened at 14k miles, I'm qualified under NJ Lemon Laws.

Keep this in mind, Service Managers and Service Advisors, they're no different from the people selling the cars off the floor. They are trained over and over again to answer all kinds of customer objections. I wouldn't be surprised if they sat in a room for an 4 hour training session practicing how to say " it HAS to be the same part 3 times to fail."

It's funny because that is the first thing the guy said to me too. BUT, I came right over the top and told him what MY attorney said and recited an excerpt from the Lemon Law rules. He had nothing else to say to me.

Remember, the sales people get the cars off the lot and the service managers keep them off the lot. Negotiations don't end at the sales floor. Don't let these cocky and arrogant chumps push you around. Get that lawyer and they'll change their tune. Read your state's lemon laws and get well versed at the rules and your rights, then go back in there and tell 'em who's boss, but in a nice and professional way ofcourse.
first time was at 15k 2nd time 15.2k 3rd time round 17k and car now has 18.3k and the car is 19 months old. He also told me it must be in the shop for 30 days or be an issume that places you in danger. He's full of shit he should be calling soon about a trade assist but my bro in law knows a lemon law lawyer so I'll be talking to him soon.
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      07-29-2009, 02:51 PM   #17
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Quote:
Originally Posted by BLACKIMPACT View Post
Alpine,

I'm not a lawyer, but it sounds like you have a great lemon law case. Ask yourself this, When did it happen the first time and at what mileage. In NJ, it has to happen within 2 years and 18k miles. I have 30k+ miles now, but because the first incident happened at 14k miles, I'm qualified under NJ Lemon Laws.

Keep this in mind, Service Managers and Service Advisors, they're no different from the people selling the cars off the floor. They are trained over and over again to answer all kinds of customer objections. I wouldn't be surprised if they sat in a room for an 4 hour training session practicing how to say " it HAS to be the same part 3 times to fail."

It's funny because that is the first thing the guy said to me too. BUT, I came right over the top and told him what MY attorney said and recited an excerpt from the Lemon Law rules. He had nothing else to say to me.

Remember, the sales people get the cars off the lot and the service managers keep them off the lot. Negotiations don't end at the sales floor. Don't let these cocky and arrogant chumps push you around. Get that lawyer and they'll change their tune. Read your state's lemon laws and get well versed at the rules and your rights, then go back in there and tell 'em who's boss, but in a nice and professional way ofcourse.
The service managers, SAs, CAs, and heck pretty much anyone at your local dealership has no control over whether or not BMW buys back your car. Reciting excerpt from laws to them or even talking to them about this is a waste of your time.
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      07-29-2009, 03:22 PM   #18
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Quote:
Originally Posted by Indy335iCp View Post
The service managers, SAs, CAs, and heck pretty much anyone at your local dealership has no control over whether or not BMW buys back your car. Reciting excerpt from laws to them or even talking to them about this is a waste of your time.
That's not completely accurate. You're right about them not having control over BMWNA buying back your car, however, they are the gate keepers to the people that will help in getting what you need. If you can articulate your concerns and the repercussions that will follow, they will be more likely to go the next step as compared to someone who goes in there not knowing their rights and asking for a new car. It won't hurt to be well informed of your rights.

Some of the people that I have spoken to have had no issues replacing their cars. For those of us who have to deal with ego-tripped service managers, Lawyer up baby!! Cut the middle-man out.
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      07-29-2009, 03:53 PM   #19
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Has BMW learned from their mistakes and improved the HPFP for 2009? I just received my 09 335 and all this talk of fuel pump issues has me wondering why BMW hasn't done anything about it yet.
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      07-29-2009, 04:45 PM   #20
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Quote:
Originally Posted by BLACKIMPACT View Post
That's not completely accurate. You're right about them not having control over BMWNA buying back your car, however, they are the gate keepers to the people that will help in getting what you need. If you can articulate your concerns and the repercussions that will follow, they will be more likely to go the next step as compared to someone who goes in there not knowing their rights and asking for a new car. It won't hurt to be well informed of your rights.

Some of the people that I have spoken to have had no issues replacing their cars. For those of us who have to deal with ego-tripped service managers, Lawyer up baby!! Cut the middle-man out.
I just lemon'd my car on my own - no lawyers involved. Took forever though. You're right about the dealership being involved - the original paperwork was submitted by the service manager, not to mention the repurchase took place at the dealership, though a third party ISG did most of the work.
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      07-30-2009, 03:07 AM   #21
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Well my car has 45k Miles and 3rd fuel pump failed within past 5 months...The 3rd time it failed my car was at the dealer for 3 weeks! The SA, Tech, and Manager keep telling me they can not find anything wrong in the system and don't understand what cause the long crank. I lost it and flip out on them. Then I wrote up email/call BMWNA report my status. 2 days later I got my car back and guess what....they replaced the fuel pump... I'm in contact with BMWNA now on my car open case. I did mention to them about a buy back or trade in deal. I have too many issues with this 335. Waiting for their respond.
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      07-30-2009, 08:39 AM   #22
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Originally Posted by kenni243 View Post
Well my car has 45k Miles and 3rd fuel pump failed within past 5 months...The 3rd time it failed my car was at the dealer for 3 weeks! The SA, Tech, and Manager keep telling me they can not find anything wrong in the system and don't understand what cause the long crank. I lost it and flip out on them. Then I wrote up email/call BMWNA report my status. 2 days later I got my car back and guess what....they replaced the fuel pump... I'm in contact with BMWNA now on my car open case. I did mention to them about a buy back or trade in deal. I have too many issues with this 335. Waiting for their respond.
Regarding BMW NA customer service, they're useless. They're only there to mediate and at best, tell the dealership you are dealing with, that they are not doing a good job. Also, if you're going to communicate with BMW NA, go with a type-written letter and send it Certified w/ a return receipt. There are plenty of sample Lemon Law letters that you can use on the internet. It basically instructs BMW that you are giving them one final opportunity to remedy the problem before pursuing a Lemon Law case.

Sounds to me like you've given them one too many chances. I don't know what else to say, but they're playin' you. Get a Lemon Law Lawyer. Majority of them work on a no fee system. If you win, they get paid thru the manufacturer, lose and they get nothing. You can't go wrong and you have nothing to lose! Just sit back and watch how fast they respond to you after you've lawyered up. The difference is night and day. Good luck and let me know how you do.
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