ENGINE FAILURE - Less than 100 miles - VIDEO

[Jatran661]

did you at least get a loaner during the fix? hope they give u the car soon.

[Kamal]

I can't believe that this is still going on. Sue the dealership, sue BMWNA, proceed with legal action in some form or shape. You've been way too accommodating and patient. By now, you should have gotten a built-to-order 1er, with extra options thrown in for free for your troubles.

[Groundzero]

Originally Posted by Kamal

I can't believe that this is still going on. Sue the dealership, sue BMWNA, proceed with legal action in some form or shape. You've been way too accommodating and patient. By now, you should have gotten a built-to-order 1er, with extra options thrown in for free for your troubles.

+1 on a lemon lawyer / attorney

My brother had a VW Jetta lemon years back that worked for a week then died. The dealer treated us horribly, never returned calls, and dragged it out for way too long. VW of America finally got involved when we threatened to get a lawyer. VW offered any Jetta regardless of msrp but instead my brother took a refund because the experience was so bad.

It sounds like they are feeling the pressure and want to cover their arse. Definitely "complain" to BMW NA

[mleskovar]

Typical run around and you shouldn't be surprised. Their option under warranty was to fix or replace and they chose fix. You chose replace but you have no say in the matter. "Your" promised car was sold to someone who was willing to pay for it. There was no mistake. You were strung along and any manufacturer with a fast moving car would do the same. Welcome to the real world. Right now your only recourse is to get mad. You won't get even so forget it. Your horror story is common....substitute any number of things for the spun bearing with any manufacturer and it plays out the same. They lived up to the warranty and you declined. Still sucks though.

[MD Designs]

Originally Posted by mleskovar

Typical run around and you shouldn't be surprised. Their option under warranty was to fix or replace and they chose fix. You chose replace but you have no say in the matter. "Your" promised car was sold to someone who was willing to pay for it. There was no mistake. You were strung along and any manufacturer with a fast moving car would do the same. Welcome to the real world. Right now your only recourse is to get mad. You won't get even so forget it. Your horror story is common....substitute any number of things for the spun bearing with any manufacturer and it plays out the same. They lived up to the warranty and you declined. Still sucks though.

All parties involved already agreed for the substitution of collateral in writing. As the consumer in California, the recourse from my brief reading of the law is immense. Thanks for your input, but I don't see this holding up in any courtroom.

[MD Designs]

Originally Posted by Groundzero

+1 on a lemon lawyer / attorney

My brother had a VW Jetta lemon years back that worked for a week then died. The dealer treated us horribly, never returned calls, and dragged it out for way too long. VW of America finally got involved when we threatened to get a lawyer. VW offered any Jetta regardless of msrp but instead my brother took a refund because the experience was so bad.

It sounds like they are feeling the pressure and want to cover their arse. Definitely "complain" to BMW NA

My sister is a lawyer, however we are continuing to act in, "Good faith." What did you guys end up going with?

[mleskovar]

Originally Posted by MD Designs

All parties involved already agreed for the substitution of collateral in writing. .....

Let me guess....there was no specific date for the substitution. If there was then you have a case. BTW, I'm not trying to bust your chops. I'm on your side but more realistic.

[MD Designs]

Originally Posted by dwildone

I have heard this before for both BMW and other manufacturers. The end point for an import shipment is set at the origin of a shipment, and for import/export reasons, can not be changed. The vehicle must be delivered to its originally scheduled recipient. This is true with all dealer trades on cars that have been arranged prior to delivery to the ordering dealer as well. I'm not sure that even BMWNA can change that fact, although a few members here are CA's at reputable dealerships who might be able to weigh in. You have a whole host of other valid arguments about how your situation has been handled; use them to make your points, as this might not be something that can be changed.

That's very interesting, I was under the impression that once the vehicle was acquired, it would be shipped to the dealership in request.

Tomorrow will be a very interesting day. Keep the popcorn handy... or beer if you are of legal age.

[ScarecrowBoat]

i bet he was running meth!!

[MD Designs]

Originally Posted by mleskovar

Let me guess....there was no specific date for the substitution. If there was then you have a case. BTW, I'm not trying to bust your chops. I'm on your side but more realistic.

Between my sister and friends, we have a little bit of legal background, haha. Not busting my chops at all, I am always interested in knowledgeable input on the matter. What is your legal background or experience?

Dates were set, in writing, and agreed upon by all parties involved including BMW corporate, as well as myself and the dealership involved.

[MD Designs]

Originally Posted by niceworkbavaria

i bet he was running meth!!

Not unless it was a dealer installed option, haha.

[MD Designs]

Never thought it would be over 40 days and 200 posts later!

[MD Designs]

Originally Posted by Dackelone

+1. Yup.

But... before you let an attorney take over... I would do something simple.

Sit down and write BMW NA a letter. No email(!), an old fashioned LETTER! Send it registered mail, with return reciept. Look in your owners manual for the address. There should be something in there. Tell them what has happened... and what you want. Give them a deadline. Tell them you are fed up with all the lies and broken promisses.

I know of several people who have used this method to get results. Sounds so simple, but many do not do write letters. MAKE SURE you send the letter registered mail with confirmation. I bet you will hear back from BMW NA by the end of the week.

IF not... hire a "lemon" lawyer.

I really appreciate this input. Not only are we die hard BMW fans, visited Welt last year, we have over 5 new BMW's purchased in the last few years between family members, with 3 of those being M models.

I may also contact a friend who is an automotive journalist and have him start a story with a followup to see how BMW finally fixes the situation, if its not resolved by this week. Might make for a good read.

[mleskovar]

Originally Posted by MD Designs

....Dates were set, in writing, and agreed upon by all parties involved including BMW corporate, as well as myself and the dealership involved.

Delivery dates for the 'replacement'? Really? Maybe you have a case.

[RPM90]

Originally Posted by MD Designs

UPDATE: 8 / 14 / 11

Received an email response from the dealership, stating that the car goes to the intended dealership and they have no way of changing this, even if they secured the car from factory. This makes zero sense, and I have never heard of such a thing.


After forwarding the email to the dealership and BMW NA corporate, the dealership responded by saying they understand my frustration, however I should not, "Complain" to BMW NA corporate, as it will only make the situation worse. Makes zero sense as well, unless someone is now attempting to save their own arse after being completely incompetent.

Anyone have any thoughts?

My thought is to absolutely get BMWNA involved. They should have been involved from day, IF the dealer were telling the truth.
The only way they could have "secured" a car for you is to be involved with BMWNA. Otherwise, how could BMW have helped?
BMW would have to know about what is going on, since a car they built and sold will now have to be sold, not as new.

Make is worse? I don't see how, unless as you say, your dealer is trying to somehow cover his ass. But, that makes no sense either.
If BMW agreed to get you a new car, then they already know the situation.

Have you asked to just simply order a new car to your specs?
I'd tell them to quite playing games and order the car you want with the exact specs you want, and sell it at dealer cost, minimum.

Yes, the car in question goes to the intended dealer, because they NEVER secured it for you. They probably found a car in the pipeline, that was ordered by another dealer and your dealer attempted to get that car.
But, that is no guarantee that they would get it, if the other dealer already had a buyer for it.
All this time your dealer was hoping they could work a deal with the other BMW dealer, but yes, there is NO guarantee that that dealer was willing to give it up.

When I bought my E46, I had a similar situation. The dealer found the 325i I wanted with the options I wanted. It was in the "pipeline", but it was slated for a different BMW dealer. I put down $2000 with the dealers promise that once the car hit the US it would be sent to my dealer.
That didn't happen. The car was actually slated for a different dealers lot. It was not a car ordered by a customer, but ordered by the other dealer.
Well, by the time it came to the US, the other dealer decided he didn't want to give it to my dealer.
My dealer gave me all kinds of excuses and reasons. I finally came to find out that the dealer that had the car simply didn't like my dealer and that's why he didn't want to give the car to him. It was something about my dealer screwing the other one in the past.
So, I then went back to a Chicago dealer and asked if he could do something. He called the dealer that had the car I wanted, and the other dealer agreed to give it to him. So, I ended up giving another $2000 deposit to the Chicago dealer and he got the car for me.
Then, I asked the original dealer for my $2000 deposit back. They said it would take a few days to get it to me cause they had deposited the check already. They deposited a check for a car they did not know they could get. It all worked out in the end, but it sucked.

Your story is much worse than mine.
Since you have the 135i already, just tell your dealer to order a new 1 just like you want, and continue driving the 1 you have.
Enjoy it for the next 6-7 weeks, and then enjoy your brand spanking new one when it comes in. Issue resolved, and you've got a 135i to drive till then.

[MD Designs]

Originally Posted by mleskovar

Delivery dates for the 'replacement'? Really? Maybe you have a case.

Yes, confirmed delivery date, of the substitution of collateral vehicle, for the week of the 12th.

[MD Designs]

Originally Posted by RPM90

My thought is to absolutely get BMWNA involved. They should have been involved from day, IF the dealer were telling the truth.
The only way they could have "secured" a car for you is to be involved with BMWNA. Otherwise, how could BMW have helped?
BMW would have to know about what is going on, since a car they built and sold will now have to be sold, not as new.

Make is worse? I don't see how, unless as you say, your dealer is trying to somehow cover his ass. But, that makes no sense either.
If BMW agreed to get you a new car, then they already know the situation.

Have you asked to just simply order a new car to your specs?
I'd tell them to quite playing games and order the car you want with the exact specs you want, and sell it at dealer cost, minimum.

Yes, the car in question goes to the intended dealer, because they NEVER secured it for you. They probably found a car in the pipeline, that was ordered by another dealer and your dealer attempted to get that car.
But, that is no guarantee that they would get it, if the other dealer already had a buyer for it.
All this time your dealer was hoping they could work a deal with the other BMW dealer, but yes, there is NO guarantee that that dealer was willing to give it up.

When I bought my E46, I had a similar situation. The dealer found the 325i I wanted with the options I wanted. It was in the "pipeline", but it was slated for a different BMW dealer. I put down $2000 with the dealers promise that once the car hit the US it would be sent to my dealer.
That didn't happen. The car was actually slated for a different dealers lot. It was not a car ordered by a customer, but ordered by the other dealer.
Well, by the time it came to the US, the other dealer decided he didn't want to give it to my dealer.
My dealer gave me all kinds of excuses and reasons. I finally came to find out that the dealer that had the car simply didn't like my dealer and that's why he didn't want to give the car to him. It was something about my dealer screwing the other one in the past.
So, I then went back to a Chicago dealer and asked if he could do something. He called the dealer that had the car I wanted, and the other dealer agreed to give it to him. So, I ended up giving another $2000 deposit to the Chicago dealer and he got the car for me.
Then, I asked the original dealer for my $2000 deposit back. They said it would take a few days to get it to me cause they had deposited the check already. They deposited a check for a car they did not know they could get. It all worked out in the end, but it sucked.

Your story is much worse than mine.
Since you have the 135i already, just tell your dealer to order a new 1 just like you want, and continue driving the 1 you have.
Enjoy it for the next 6-7 weeks, and then enjoy your brand spanking new one when it comes in. Issue resolved, and you've got a 135i to drive till then.

Thanks for the input. BMWNA has been involved since the day I was informed the engine had to be replaced. They reached out to me on multiple occasions and even sent the dealership an email, but that was weeks ago, and since then we have been playing the waiting game.

Exactly, I have no idea why the dealership would not want me to keep BMWNA informed on where things stood with a valued customer? I would think just the opposite, as I am helping the situation along by keeping all parties informed and transparent to each other.

I am enjoying the loaner, however I have already missed out on multiple appointments, to have work done on the car.

I am optimistic, or maybe delusional, that their will be resolution by the end of this week... Or i should say their will be a new course of action if things are not.

[RPM90]

Originally Posted by dwildone

I have heard this before for both BMW and other manufacturers. The end point for an import shipment is set at the origin of a shipment, and for import/export reasons, can not be changed. The vehicle must be delivered to its originally scheduled recipient. This is true with all dealer trades on cars that have been arranged prior to delivery to the ordering dealer as well. I'm not sure that even BMWNA can change that fact, although a few members here are CA's at reputable dealerships who might be able to weigh in. You have a whole host of other valid arguments about how your situation has been handled; use them to make your points, as this might not be something that can be changed.

If the car is a purchaser ordered car, then it will go to the dealer with the order. If it's a car ordered for the lot, then the car is slated to go to that dealer. But, once the car gets to port, it CAN be routed to any other dealership, as long as the original dealer agrees to it.
BMW corporate can help expedite this, If the original dealer agrees to it.
The requesting dealer can also contact the original dealer and request that car. That is what happened in my case.

OP:
I'll bet your dealer did contact the original dealer and they may have agreed to divert the car. But, the original dealer probably got a buyer before the car arrived, and then didn't want to lose a sale by giving it to you and your dealer. It's shitty, but understandable.
The fault again lies with YOUR dealer, and perhaps BMWNA, for not fully securing the vehicle with the proper papers, but rather just a phone call agreement from the original dealer.
Yeah, that dealer ended up screwing everything, but your dealer should have done what was needed to actually get the car reassigned to him through BMW. Telling you to not call BMWNA leads me to believe it was just a verbal agreement with him and the original dealer, and that dealer then backed out as he had a sale.

Tell them to order you a new 135i. You don't need a lawyer for that.
Be there when the sales agent does the order on the computer and put in all the options you want.
If they won't do this, then it's likely they weren't going to do the right thing in the first place. Then a lawyer will be needed.

I hate to say it, but taking possession of the car after it was fixed might give them some legal issue to insist that you keep the car, since you now have it in your possession. I could be wrong here, but ask you lawyer.
Since you have documentation that your dealer and BMW agreed to get you a new car, my comment could be a moot point.

[MD Designs]

Originally Posted by RPM90

I hate to say it, but taking possession of the car after it was fixed might give them some legal issue to insist that you keep the car, since you now have it in your possession. I could be wrong here, but ask you lawyer.
Since you have documentation that your dealer and BMW agreed to get you a new car, my comment could be a moot point.

That was a concern of mine initially, however with the documentation, and open agreement to replace the vehicle, as well as informing me it was standard procedure for a replacement vehicle I can't see it holding up in court. I'll have to have my sister look into this.

[MD Designs]

Originally Posted by RPM90

Tell them to order you a new 135i. You don't need a lawyer for that.
Be there when the sales agent does the order on the computer and put in all the options you want.
If they won't do this, then it's likely they weren't going to do the right thing in the first place. Then a lawyer will be needed.

If they agreed to this, I would book a ticket to Germany this week, to make sure it didn't get lost to another dealership.

... and of course invite all the 1addicts guys to the ring, for a little new car breakin session.

[Dackelone]

Matt - the other thing you should do it return the car you have NOW!! Stop driving the lemon you have with the new engine and the dealer will know you are serious about getting a new replacement car. Make sure you get a paper saying you returned the car because of the bad engine. Btw... you did get some paperwork when they replaced the engine right>?

[MD Designs]

UPDATE: 8 / 15 /11

Had not heard anything from my dealership today, so I went ahead, located the car that, "Had my name on it," and called the dealership that the car was shipped to.

They informed me that they already were aware of the situation, spoke to the general manager at my dealership, and are shipping the vehicle to the my dealership. I asked for a specific date, when they would be shipping it and they thought tomorrow. Definitely feeling a lot more optimistic at this point, since I now have confirmation from the dealership that acquired the vehicle, will be shipping the vehicle.

As soon as I get rid of the loaner and into my 1, I am taking a trip along PCH and taking some good photos.

Keep posted, I am sure more will follow in this 40day 40night drama.