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      11-10-2015, 09:22 AM   #1
XX5Monster
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Really Starting Off Bad

So I haven't had a good first week going on 2 with my 2010 x5 M I just bought. It's been at the dealership for a week as of tomorrow because I was concerned about a couple things. First off as I mentioned in another thread I was getting a real hard shift from 2nd to 3rd gear, clear coat on bumper was seperating from the paint due to crappy paint fix, my menu button was sticking really bad due to previous owner probably spilling something. The paint fix I asked for from the dealer only agreed to pay for half of the fix which I wasn't happy about. Then I went for a ride with a tech and he agreed that the way it was shifting wasn't normal. He said that it hadn't had a software update since 2013 so he thought it could be from that. So they did the update and while scanning for codes they found one for a faulty module that controled the side markers, windows and one other thing so they said they would have to replace that but still as of yesterday the M still isn't shifting right and I'm finding myself very frusterated with this cause I haven't had it more than 2 weeks and already dealing with issues. They told me it's now being looked at by another type of technician in hopes they can figure it out. Has anybody else had any of these things happen?

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      11-10-2015, 09:48 AM   #2
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My 50i went into the shop after two days of ownership, due to what was ultimately determined to be a VANOS gear failure. I spent the first month and a half of ownership split between 328i and 535i loaners. It was ultimately sorted out, but didn't exactly start my experience off on a good foot.

These vehicles are incredibly complex, with a ridiculous number of parts and subsystems. Sadly, as those age, the odds of something failing continue to go up.

I wonder how many 20-year-old E70 X5's will still be on the road in 2030-2033. I'll bet not many.
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      11-11-2015, 05:53 PM   #3
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If you can send me a video of the shifting I may be able to help, also check if there are any others on the lot they will be willing to take you on a test drive in. Lastly check if there is any service routing for the auto trans.
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      11-11-2015, 07:23 PM   #4
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Unless you have a good warranty, I wouldn't own these vehicles. And that goes from a 35i all the way to an M. You just know the previous owner drove the piss out of it before he sold it.
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      11-11-2015, 08:30 PM   #5
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I hate to see this as I can imagine that it takes the joy away from the honeymoon phase of your new ride.

Sending good karma your way, I hope you get her all sorted out and you get to jump right back into enjoying the hell out of her!

If you can't get it sorted, look into returning it. Dealers will say that you can't but here's a pro tip, you can.
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      11-11-2015, 09:41 PM   #6
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Quote:
Originally Posted by TheVazha View Post
I hate to see this as I can imagine that it takes the joy away from the honeymoon phase of your new ride.

Sending good karma your way, I hope you get her all sorted out and you get to jump right back into enjoying the hell out of her!

If you can't get it sorted, look into returning it. Dealers will say that you can't but here's a pro tip, you can.
Actually, you can't return a used car after you purchased it. Used cars are sold As Is (i.e. with all faults), so unless the seller made any material, objective (measurable) misrepresentations (read, fraud), nothing is actionable. That's not to say they shouldn't provide some good faith assistance, but they are legally not responsible.

Last edited by Poppyboy; 11-12-2015 at 10:34 AM.. Reason: typo
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      11-11-2015, 10:26 PM   #7
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Quote:
Originally Posted by Poppyboy View Post
Actually, you can't return a used car after you purchased it. Used cars are sold As Is (i.e. with all faults), so unless the seller made any material, objective (measurable) misrepresentations (read, fraud), nothing is actionable. That's not to say they shouldn't provide some good faith assistance, but they are legally not responsible.
This isn't true in all situations, some states do require a limited warranty on dealer sold used cars.
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      11-11-2015, 10:35 PM   #8
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Unless this is in writing with the purchaser's documents, just like the Buyer's Guide for the As Is disclaimer, it doesn't exist.
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      11-11-2015, 11:43 PM   #9
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Quote:
Originally Posted by Poppyboy View Post
Actually, you can't return a used car after you purchased it. Used cars are sold As Is (i.e. with all faults), so unless the seller made any material, objective (measurable) misrepresentations (read, fraud), nothing is actionable. That's not to say they shouldn't provide some good faith assistance, but they are legally not responsible.
They would be legally responsible if you took them to court and had a jury trial which is what it would take to make you whole. Rarely would a car dealer selling a $50K car that is having these issues a week after purchase win. I'm not saying it's a walk in the park, but, it is possible.

Quote:
Originally Posted by scttq View Post
This isn't true in all situations, some states do require a limited warranty on dealer sold used cars.
I agree, I think most states have a 30 day "grace" period. Either the seller warranty's the car or buyer is able to reverse the sale.

Quote:
Originally Posted by Poppyboy View Post
Unless this is in writing with the purchaser's documents, just like the Buyer's Guide for the As Is disclaimer, it doesn't exist.
Bud if I bought a car from a dealer and a week later I started having problems like OP describes, I would take it back. If they refused, I would contact an attorney and I WOULD get my money back.

With that said, just think about what's reasonable. If we're talking a month and a half later, with 800 miles extra, that's questionable. If one literally drove the car off the lot and it started having these major issues, he would win in court.
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      11-12-2015, 08:03 AM   #10
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This is one of the biggest misconceptions that used car buyers have; that they have an option to bring the car back for a refund within X period of time. The car could explode leaving the used car dealership, and the buyer would be out of luck because they signed a sales contract and As Is disclaimer. Again, unless there is an explicit agreement otherwise or fraud, believing you can return a used car is simply a fallacy. This information is based on 25 years of consumer protection and lemon law. Anyone can sue anyone. It doesn't mean there's a case.

Last edited by Poppyboy; 11-12-2015 at 10:34 AM.. Reason: Typo
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      11-12-2015, 11:12 AM   #11
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I'm sure there is an arbitration clause in the paperwork. Good luck trying to sue. Try not to be such a litigious society, sometimes being a rational adult gets you by.

That said, you're getting your car worked on, at little to no financial cost to you. I'm not seeing the issue at hand, especially when talking about a USED car.
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      11-12-2015, 11:28 AM   #12
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There's almost always an arbitration clause in purchase contracts, completely in favor of the dealership (they select the arbitrator and rules). However, an arbitrator won't compel a dealership to refund the purchase of a used car unless there was fraud. If the car qualified for a statutory MN warranty (not purchased As Is, which disclaims the warranty of merchantability), hopefully the dealership will fix it.

Last edited by Poppyboy; 11-12-2015 at 11:33 AM.. Reason: Typo
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      11-12-2015, 01:43 PM   #13
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I wish you the best but you are really rolling the dice on a 2010 M. Sorry.
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      11-12-2015, 03:10 PM   #14
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I believe there is no cooling off period in Ca. You are asked if you would like to buy a "cooling off" insurance policy. forgot how many weeks it is good for as I never went for it.

usually, a dealer would prefer to avoid the headache/press of something like this. I would push hard for all costs covered, including loaner/rental if necessary. Worse case, work with the dealer and find a happy median.

Always document your communications with a follow up email or letter - use words like good faith, reasonable, unreasonable, per agreement, etc...

best of luck to you...
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      11-13-2015, 09:03 AM   #15
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Hope you didnt end up with my old truck man. I never had so many issues with a SUV but damn did it fly.
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      11-16-2015, 11:21 AM   #16
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Thanks for the comments and feedback guys. The car was covered under the dealers 30 day warranty so they did replace the idrive control. The shifting issue couldn't be figured out by the the first technicians they had look at it so then was escalated to the apprentice who found the problem in the transfer case so they ended up replacing that too and they paid for it. As far as the paint they still only will cover half the cost of it being they didn't do the paint work.
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      11-16-2015, 07:12 PM   #17
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Good to hear. Get a list going for anything else you can think of and get it in to them before the 30 days are up!
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      11-19-2015, 07:07 PM   #18
XX5Monster
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Yeah I did that and because I only had it about a week before it went in and STILL don't have it back my 30 day will be up by the time I can even drive it again! What a joke!
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