First time BMW owner and huge issues on 2nd day...

[beachcomberx5]

One more point. You should document when the issue occurred by sending AN a certified letter informing them of the issue and when it occurred. This ensures you have on record that it was within the 90 days.

[Birdoprey]

I did tell Alex when he texted me Sat when he assured me they would get it fixed that even if a new motor was put in, i was scared to death of this vehicle. That this type of thing should not happen with this low of mileage and that if it had this issue, what else is wrong? I also mentioned that i'm already 1 month into my 3 month warranty and i have not driven it, and would probably be 2 months into it before i got it back. Not right for me to miss out on the full warranty. I told him i wanted another vehicle and they needed to do right by me and do their best to make it happen in such a way that i did not incur any more frustration or $$$ than i already have. He said he would get with his manager and they would do their best to take care of me. At this moment, i take what he said with a grain of salt.
Up till now, i've only mentioned "lawyer" once and early on(i stated that i didn't want to have to go that route). I've purposely not mentioned it as i don't want them building a defense as of yet. Its getting to that point now though as i have a concern that they are not doing anything on their end to help my situation.

I love the X5 and part of me wants it, but my brain is telling me to stay far far away from it. Sad to say, i don't want a different one either. I want to wash my hands of this and get something that i know is more reliable and something that won't break me if it breaks. Maybe a CTS-V. If it breaks, i can fix it.
Someone on this site mentioned they would not own a BMW out of warranty. I'm thinking this is good advice for me

[Poppyboy]

Stick with your brain. This is not a "BMW out of warranty situation", but rather a scum-ass dealership preying on a consumer by selling a car that should have never been on the lot. It will cost you nothing to have an initial consultation with a consumer rights attorney. It's important for you to know your rights should you need to seek remedy both in equity and at law. It's obvious that you've been damaged. What's unclear is what remedies are available to you when or if they tell you to take a flying leap.

[-c-]

Originally Posted by Birdoprey

I did tell Alex when he texted me Sat when he assured me they would get it fixed that even if a new motor was put in, i was scared to death of this vehicle. That this type of thing should not happen with this low of mileage and that if it had this issue, what else is wrong? I also mentioned that i'm already 1 month into my 3 month warranty and i have not driven it, and would probably be 2 months into it before i got it back. Not right for me to miss out on the full warranty. I told him i wanted another vehicle and they needed to do right by me and do their best to make it happen in such a way that i did not incur any more frustration or $$$ than i already have. He said he would get with his manager and they would do their best to take care of me. At this moment, i take what he said with a grain of salt.
Up till now, i've only mentioned "lawyer" once and early on(i stated that i didn't want to have to go that route). I've purposely not mentioned it as i don't want them building a defense as of yet. Its getting to that point now though as i have a concern that they are not doing anything on their end to help my situation.

I love the X5 and part of me wants it, but my brain is telling me to stay far far away from it. Sad to say, i don't want a different one either. I want to wash my hands of this and get something that i know is more reliable and something that won't break me if it breaks. Maybe a CTS-V. If it breaks, i can fix it.
Someone on this site mentioned they would not own a BMW out of warranty. I'm thinking this is good advice for me

Now I'd like to mention that what you have here is somewhat rare in the case of the good that can come of this is you have an entirely new engine and if the BMW dealer did the install you have a 2 year unlimited milage warranty on the parts repaired. So in other words you'll get a great motor warranty out of the deal at least.

Plus it being brand new you'll have a night as new motor that you know has been treated right.

Honestly my dad owns a dealership and while going to college I worked as a detailer and had seen cars with low mileage might as well been over 100k and ones with over 120k milage may well have been 15k miles on the clock. All people take care of cars differently and just because of low milage means squat in reality.

It only takes one or two really bad oil changes to cause real harm to a motor. Shoot a women brought in a new 3 series complaining of engine noise, turned out she bought the car brand new and in the 3 years of ownership never brought it in for an oil change. Needless to say her engine was not covered lol.

[beachcomberx5]

Originally Posted by Birdoprey

I did tell Alex when he texted me Sat when he assured me they would get it fixed that even if a new motor was put in, i was scared to death of this vehicle. That this type of thing should not happen with this low of mileage and that if it had this issue, what else is wrong? I also mentioned that i'm already 1 month into my 3 month warranty and i have not driven it, and would probably be 2 months into it before i got it back. Not right for me to miss out on the full warranty. I told him i wanted another vehicle and they needed to do right by me and do their best to make it happen in such a way that i did not incur any more frustration or $$$ than i already have. He said he would get with his manager and they would do their best to take care of me. At this moment, i take what he said with a grain of salt.
Up till now, i've only mentioned "lawyer" once and early on(i stated that i didn't want to have to go that route). I've purposely not mentioned it as i don't want them building a defense as of yet. Its getting to that point now though as i have a concern that they are not doing anything on their end to help my situation.

I love the X5 and part of me wants it, but my brain is telling me to stay far far away from it. Sad to say, i don't want a different one either. I want to wash my hands of this and get something that i know is more reliable and something that won't break me if it breaks. Maybe a CTS-V. If it breaks, i can fix it.
Someone on this site mentioned they would not own a BMW out of warranty. I'm thinking this is good advice for me

A couple points to consider:

1) was your x5 under an air bag recall and was it replaced? I don't think a dealer can sell a car under an active recall that has not been fixed.

2) did your X5 receive the N63 customer care package recall

FWIW - I loved to drive my x5 but never had confidence in the vehicle . Always worried about breaking down. Regarding reliability just take a look at the tens of thousands of posts on beemerfest for the n63.

To much oil being burned, acceleration hesitation, valve stem seals, vanos, turbo wastegate, water pump...the list goes on. Hence you need a 100,000 mile warranty and even then you will be driving back and forth 350 miles to your BMW shop every few months. Mine was only 10 min away and I was always there.

[BOOF-M3]

Originally Posted by beachcomberx5

A couple points to consider:

1) was your x5 under an air bag recall and was it replaced? I don't think a dealer can sell a car under an active recall that has not been fixed.

2) did your X5 receive the N63 customer care package recall

FWIW - I loved to drive my x5 but never had confidence in the vehicle . Always worried about breaking down. Regarding reliability just take a look at the tens of thousands of posts on beemerfest for the n63.

To much oil being burned, acceleration hesitation, valve stem seals, vanos, turbo wastegate, water pump...the list goes on. Hence you need a 100,000 mile warranty and even then you will be driving back and forth 350 miles to your BMW shop every few months. Mine was only 10 min away and I was always there.

AutoNation and non BMW affiliated lots are under no obligation to replace items under recall. Typically ads even mention that there may be a manufacturers recall that has not been addressed.

[SyL3nTFoRcE]

OP - do a buy back since it looks like you dont want to have that headache anymore, it should fall under the lemon law (depending on where you live), somewhat similar thing happened to me, the dealer i bought my old x5 was pushing me off and pushing me off for a month i finally asked for a buyback and they said they didnt want to but i had in my mind it was not worth it and something could else could be wrong. they kept wanting me to get another car from their lot and i had to get a lawyer which then they finally bought my car back and washed it out for me.

You should still consider buying another x5 if you like it. After i got returned my x5 i found my x5m and bought it since it had low miles and warranty and i just loved the huge suv feel. The price to keep outside of warranty seems to be were i would expect it to be with maintenance and repairs. i wouldnt turn away just because you had one faulty car or be scared of what other people think. If you want and love it but another, and if you want a possible less problematic x5 you could try the 35i they are note bad at all. but im not going to lie the v8 tt motors are fun as well

[Poppyboy]

Lemon laws only apply to new vehicles. Successful lemon buybacks are done by the manufacturers-not dealerships.

[SyL3nTFoRcE]

Originally Posted by Poppyboy

Lemon laws only apply to new vehicles. Successful lemon buybacks are done by the manufacturers-not dealerships.

Yes and no, my lawyer told me my car fell under the lemon law since it was under 1500 miles and the car has been in the shop for 30+ days while only 6 days in my possession. I had a few people tell me that its only for new cars until I consulted my lawyer and he said it also applies for used vehicles just has way more restrictions.

Every state may have different laws as well. In my case, I had to deal with it in NY. not sure what other states lemon law is like

"Despite the fact that a used car is a much more likely candidate to be a “lemon,” federal lemon laws generally cover only new vehicle purchases. But there is one major exception: if the owner has received an express written warranty along with the used vehicle, then federal lemon law will likely cover the used car." -found this online

My car's situation was that one major exception

[Poppyboy]

The only possible exception to the lemon law new car rule in Texas would be if the vehicle was still under the original BMW warranty, which it's not.

[JoeyBimX5din]

Originally Posted by Poppyboy

The only possible exception to the lemon law new car rule in Texas would be if the vehicle was still under the original BMW warranty, which it's not.

and you know this from all your years practicing law in Texas?

The OP's pace and handling things has been the right way to do things. A problem that happens with people is they go from 0 to 100mph, and like the OP said, it typically DOES NOT get things done. He has and continues to ecualate the trucks problem progressively. The dealer has not yet given him a reason to retain legal assistance. Emphasis on yet.

I can tell you, if the motor in the X5 goes through a warranty company, they probably will not go the route of replacing it with a new OEM one. BMW may have a say in this and push for it, but it is solely up to the insurance of the dealership the OP purchased from.

One of the dealers I worked at installed an oil cooler in a tractor (over the road) with a 15L Cummins, and high miles. The motor went a little, and then catastrophically failed. It was having internal oil temperature issues, but these were most likely caused by bearing issues. Well the motor was analyzed by Cummins engineers per the customer, and they found fault with the oil cooler install. The mounting surface of the cooler was cleaned with a wire wheel, rather then a hand scrapper (the only approved way to clean a gasket per Cummins) and they surmised that had caused the engine failure, little metal shavings from the wire wheel got in the oil and caused failure. That truck, got a used motor through insurance of the dealer I worked at. That may be a similar way this truck goes. It may turn out better and get a whole new motor, if the BMW dealer pushes for it, but I doubt they will be able to out fight the insurance company.

[Poppyboy]

Originally Posted by JoeyBimX5din

and you know this from all your years practicing law in Texas?

The OP's pace and handling things has been the right way to do things. A problem that happens with people is they go from 0 to 100mph, and like the OP said, it typically DOES NOT get things done. He has and continues to ecualate the trucks problem progressively. The dealer has not yet given him a reason to retain legal assistance. Emphasis on yet.

I can tell you, if the motor in the X5 goes through a warranty company, they probably will not go the route of replacing it with a new OEM one. BMW may have a say in this and push for it, but it is solely up to the insurance of the dealership the OP purchased from.

One of the dealers I worked at installed an oil cooler in a tractor (over the road) with a 15L Cummins, and high miles. The motor went a little, and then catastrophically failed. It was having internal oil temperature issues, but these were most likely caused by bearing issues. Well the motor was analyzed by Cummins engineers per the customer, and they found fault with the oil cooler install. The mounting surface of the cooler was cleaned with a wire wheel, rather then a hand scrapper (the only approved way to clean a gasket per Cummins) and they surmised that had caused the engine failure, little metal shavings from the wire wheel got in the oil and caused failure. That truck, got a used motor through insurance of the dealer I worked at. That may be a similar way this truck goes. It may turn out better and get a whole new motor, if the BMW dealer pushes for it, but I doubt they will be able to out fight the insurance company.

I know this from all of my years knowing how to read. Codified statutes are very easy to find for those who can read (§ 2301).

[JoeyBimX5din]

Originally Posted by Poppyboy

I know this from all of my years knowing how to read. Codified statutes are very easy to find for those who can read (§ 2301).

Originally Posted by SyL3nTFoRcE

Yes and no, my lawyer told me my car fell under the lemon law since it was under 1500 miles and the car has been in the shop for 30+ days while only 6 days in my possession. I had a few people tell me that its only for new cars until I consulted my lawyer and he said it also applies for used vehicles just has way more restrictions.

Every state may have different laws as well. In my case, I had to deal with it in NY. not sure what other states lemon law is like

"Despite the fact that a used car is a much more likely candidate to be a “lemon,” federal lemon laws generally cover only new vehicle purchases. But there is one major exception: if the owner has received an express written warranty along with the used vehicle, then federal lemon law will likely cover the used car." -found this online

My car's situation was that one major exception

So what's going on here then?

[Poppyboy]

Re-read my post 4 up. The info I'm providing is TX specific. What you're referencing is not. Regardless, the OP should really start tightening the screws at this point. For those recommending he continue bending over, that's awful advice. True story: I successfully sued Jiffy Lube two months ago after they screwed up the drain plug threads on my wife's car's oil pan (obviously, I shouldn't have gone there, but was in a crunch). I only filed suit after unreturned calls, then sending them several letters, followed by back-and forth correspondence with the Better Business Bureau as mediator. Only after JL's constant refusals to accept responsibility did I decide to file suit. My point is, it takes a long time to document attempts to resolve things amicably. The OP is behind because he has not yet made any actual, time-bound demands after a month of being incredibly patient.

[Akkunasenbohrer]

Originally Posted by -c-

Now I'd like to mention that what you have here is somewhat rare in the case of the good that can come of this is you have an entirely new engine and if the BMW dealer did the install you have a 2 year unlimited milage warranty on the parts repaired. So in other words you'll get a great motor warranty out of the deal at least.

Hi,

your story was the reason I registered to this forum.
I'm German, so please forgive mistakes with my english.

I think this is a very important point!
The N63 has issues but they are resolved now.

I went the same way as you:
I bought an X5 drive 50i (2011) last year and during the year the engine started to eat oil. The car was under warranty so I went to BMW and got a brand new N63 engine with 2 years warranty and I'm extremly happy with this.

I plan to make the first oil change at about 2500 km and, hey, this engine is mine.

I would be extremly happy in your situation.. your story goes in a good direction!

Good luck,

Akku

[-c-]

Originally Posted by Akkunasenbohrer

Hi,

your story was the reason I registered to this forum.
I'm German, so please forgive mistakes with my english.

I think this is a very important point!
The N63 has issues but they are resolved now.

I went the same way as you:
I bought an X5 drive 50i (2011) last year and during the year the engine started to eat oil. The car was under warranty so I went to BMW and got a brand new N63 engine with 2 years warranty and I'm extremly happy with this.

I plan to make the first oil change at about 2500 km and, hey, this engine is mine.

I would be extremly happy in your situation.. your story goes in a good direction!

Good luck,

Akku

Well let me welcome you to the forum partner!

[JoeyBimX5din]

Originally Posted by Poppyboy

Re-read my post 4 up. The info I'm providing is TX specific. What you're referencing is not. Regardless, the OP should really start tightening the screws at this point. For those recommending he continue bending over, that's awful advice. True story: I successfully sued Jiffy Lube two months ago after they screwed up the drain plug threads on my wife's car's oil pan (obviously, I shouldn't have gone there, but was in a crunch). I only filed suit after unreturned calls, then sending them several letters, followed by back-and forth correspondence with the Better Business Bureau as mediator. Only after JL's constant refusals to accept responsibility did I decide to file suit. My point is, it takes a long time to document attempts to resolve things amicably. The OP is behind because he has not yet made any actual, time-bound demands after a month of being incredibly patient.

Federal law, not state law. The OP has started his escalation, I think he has taken the appropriate pace for his situation. I believe with your jiffy lube stripped oil pan bolt you took the appropriate escalation also. There is no blanket rule of thumb for vendor based failures, and how you as a consumer handles the situation, it is going to be case by case. The OP's situation is more complicated and also coming from a different angle then the oil pan failure. He is not 'bending over' he is working towards fixing it. At this point he will more then likely not have to take this vehicle if he chooses not to. I do believe if more time passes with the poor communication he has received, yes, by all means, seek a lawyer. I would give it another two weeks or so before going to a lawyer. You cannot go from 0 to 100 with any vendors at all, that does not get things done, that is the point I am trying to get across to you, and that not everything is set in stone, and both parties (the dealer, the BMW dealer, and the OP) in this situation have rights and responsibilities.

[Poppyboy]

Federal law is only Magnuson-Moss. Lemon is state specific. I just can't understand where your reasoning is with your "0 to 100". I'm not recommending a lawsuit. I'm recommending he start being firm with these folks instead of continuing to accept the spotty responsiveness over the past month. There's been no change in urgency. It would do the OP well at this point to communicate in writing his "rights" and desired outcome to all involved.

[BOOF-M3]

This is in no way a shot a Poppy or Joey so please do not take it that way. I find your discussion interesting and quite frankly it's appropriate to the situation. I find it interesting that poppy and Joey are both making good arguments but the fact is that they can't even agree as in how to handle this situation and they have zero skin in the game. Imagine how it's going to be with OP, Autonation, warranty company and the BMW dealer that has gotten involved. What a clusterf*ck when something happens like this on the first drive of a purchase.

[Poppyboy]

Originally Posted by BOOF-M3

This is in no way a shot a Poppy or Joey so please do not take it that way. I find your discussion interesting and quite frankly it's appropriate to the situation. I find it interesting that poppy and Joey are both making good arguments but the fact is that they can't even agree as in how to handle this situation and they have zero skin in the game. Imagine how it's going to be with OP, Autonation, warranty company and the BMW dealer that has gotten involved. What a clusterf*ck when something happens like this on the first drive of a purchase.

Not taken that way at all. I just feel really bad for the OP, and can sense the compounding frustration every time he ends his comments with "hurry up and wait". I tend to take it personally when I observe good people getting a royal corporate screw job. If, after all that waiting, he's offered an unacceptable resolution, perhaps his result would have been better by communicating his explicit expectations sooner, in writing.

[Birdoprey]

BMW rep has done a good job of keeping me updated. Autonation Ford finally got the inspection sheet to BMW. BMW got pics of the metal they found in the bottom end as well as the inspection sheet to the warranty company. BMW rep called this evening stating that they are working on an estimate for a new motor and will have that submitted to the warranty company tomorrow. I missed the call as i was in a meeting. I will try to talk with the BMW rep tomorrow. I want to know if the warranty requested an estimate for a "New" motor. Of course, that may just be the start and when they get sticker shock as to the amount, may want to look for much cheaper options.
Autonation Ford is still not contacting me about anything unless i send a text first asking for update. Keep getting told by Alex at Autonation that he can not get ahold of the BMW rep. He is not trying very hard. To me, the two reps should have each other on speed dial, especially since Autonation Ford owns BMW of Dallas. Alex should find a way to keep in touch, should be a priority IMO. Ultimately though, it has little to do with the X5 actually getting fixed. Thats between BMW of Dallas and the warranty company(mainly, warranty company)

Hurry up and wait....

[Birdoprey]

BMW rep just told me the warranty company requested an estimate for a new motor. Estimate is within a couple of thousand of what i paid for the vehicle.

I wonder if they will total it?