My 2023 760iX - Beware: My BMW Nightmare and BMWNA's Inadequate Response

[Spencenyc]

Dear BMW Community,

I hope this message finds you all well. I'm reaching out to share my harrowing experience with my 2023 BMW 760i and the frustrating response I've received from BMW North America (BMWNA). My hope is that by sharing my story, I can warn others and perhaps find some support or guidance from fellow BMW enthusiasts who may have faced similar challenges.

In February 2023, I excitedly leased a 2023 BMW 760i from Peter Pan BMW, expecting the luxury and performance that BMW is renowned for. However, what followed has been nothing short of a nightmare.

Since day one, my BMW has been plagued with persistent issues that have not only affected its performance but also compromised my safety. From neutral quality issues when the engine is warm to rough running, from headlight water ingress to ADCAM malfunction, the list of problems seems never-ending.

I've diligently documented each instance of malfunction, every repair attempt, and every visit to the dealership. Despite numerous efforts by the dealership's service department, the issues persist like a dark cloud over my ownership experience.

Let me provide you with a glimpse into the timeline of my BMW nightmare:

September 9 - 22, 2023: 14 days in the shop for various issues including neutral quality and headlight water ingress.
October 12 - 16, 2023: Another 5 days in the shop for the same headlight water ingress issue.
February 19 - 29, 2024: 11 days without my vehicle due to ADCAM malfunction, and the car was returned with tar stains and unresolved issues.
March 17 - April 8, 2024: A staggering 22 days in the shop for camera/head unit malfunction and subsequent replacement.
To add insult to injury, I recently faced yet another camera malfunction and an incidental nail in my tire, leading to another visit to the dealership. Despite assurances, I was informed that the necessary replacement of the head unit would take an additional 2-3 weeks according to Beverly Hills BMW.

As of April 8th, I have been without my vehicle for a total of 52 days or about 12.5% of the time I have taken possession. Despite my efforts to seek recourse from BMWNA, their response has been nothing short of disappointing. After weeks of waiting, they determined that the vehicle's service history does not warrant repurchase, offering me a mere two months of payment as compensation. This, in my opinion, is woefully inadequate considering the substantial down payment I made and the undeniable unreliability of the car.

I've been in touch with Kurt Westrich, an executive for customer care at BMW, since March 6th, and despite my persistence, the resolution offered falls far short of what I deem acceptable.

Fellow BMW enthusiasts, I'm reaching out to you for support, advice, and perhaps solidarity in facing BMWNA's inadequate response to my ordeal. If any of you have experienced similar issues or have navigated lemon law disputes with BMW, I would greatly appreciate your insights and guidance.

Additionally, if anyone has recommendations for legal representation or firms experienced in handling lemon law cases, I would be immensely grateful.

Thank you for taking the time to read my story. I'm committed to finding a resolution to this matter, and with your support, I hope to achieve a favorable outcome.

David

[pegogetem]

Originally Posted by Spencenyc

Dear BMW Community,

I hope this message finds you all well. I'm reaching out to share my harrowing experience with my 2023 BMW 760i and the frustrating response I've received from BMW North America (BMWNA). My hope is that by sharing my story, I can warn others and perhaps find some support or guidance from fellow BMW enthusiasts who may have faced similar challenges.

In February 2023, I excitedly leased a 2023 BMW 760i from Peter Pan BMW, expecting the luxury and performance that BMW is renowned for. However, what followed has been nothing short of a nightmare.

Since day one, my BMW has been plagued with persistent issues that have not only affected its performance but also compromised my safety. From neutral quality issues when the engine is warm to rough running, from headlight water ingress to ADCAM malfunction, the list of problems seems never-ending.

I've diligently documented each instance of malfunction, every repair attempt, and every visit to the dealership. Despite numerous efforts by the dealership's service department, the issues persist like a dark cloud over my ownership experience.

Let me provide you with a glimpse into the timeline of my BMW nightmare:

September 9 - 22, 2023: 14 days in the shop for various issues including neutral quality and headlight water ingress.
October 12 - 16, 2023: Another 5 days in the shop for the same headlight water ingress issue.
February 19 - 29, 2024: 11 days without my vehicle due to ADCAM malfunction, and the car was returned with tar stains and unresolved issues.
March 17 - April 8, 2024: A [...]

Request/Demand that you be signed up for BMW’s “Exchange Program”.

[AlteBMW]

You have a Lemon and it is pretty clear that California law protects you. You can raise this with the dealer on your own but you may need a lawyer. A quick google came up with this from the CA attorney general office. Seems pretty clear you meet the 30 days out of service. Sorry for you but stuff like this happens.

"Under the Lemon Law, the manufacturer may be required to buy back or replace your vehicle if, after a “reasonable” number of repair attempts, it cannot repair a problem that:
• Is covered by the manufacturer’s new-vehicle warranty;
• Substantially impairs the use, value, or safety of the vehicle; and
• Is not caused by unauthorized or unreasonable use of the vehicle after sale.
What is considered a “reasonable” number of repair attempts depends on many factors. While the following factors are not required, there is a rebuttable presumption that your vehicle is a lemon if:
• The problem first occurred within 18 months of delivery or 18,000 miles (whichever comes first);
• If required by the warranty or owner’s manual, you notified the manufacturer about the problem; and
• You have taken the vehicle in for repair by the manufacturer or its agents:
◦ Four or more times for the same problem and it still is not fixed, or
◦ Two or more times for the same problem, if that problem is big enough to cause death or serious injury, and it still is not fixed, or
◦ The vehicle has been out of service for repair for more than 30 days (the 30 days do not need to be in a row).
If your vehicle is a lemon, the manufacturer must promptly repurchase or replace it.
You have the right to choose a refund instead of a replacement."

[AlteBMW]

Has OP read the responses, or did he just want to vent?

[Spencenyc]

OP?

[AlteBMW]

Originally Posted by Spencenyc

OP?

OP =
Original Poster

[Spencenyc]

Thanks for all of your feedback. I’ve engaged with an attorney who has also updated me on the California statutes and BMWNA violation of the law with their offer of a two month payment. I’ll update the group and let everyone know how things progress.

[seans]

Originally Posted by Spencenyc

Thanks for all of your feedback. I’ve engaged with an attorney who has also updated me on the California statutes and BMWNA violation of the law with their offer of a two month payment. I’ll update the group and let everyone know how things progress.

If you’re confident that your vehicle can be qualified as a lemon under the Song-Beverly act, then simply call the BMW support line and calmly, cooly, and in a collected way explain to them the situation.

Given the circumstances, ask that someone reach out to you regarding the buy back process.

If your car qualifies, Nancy should get back to you quite quickly with your options.

As it appears you’ve already done this, and if BMW choses to not acknowledge the concern as you’ve shared—and once again you’re confident the Song-Beverly act qualifies your car as a lemon—you can salvage the car with the help of an attorney. It’s a relatively straight forward process that does require litigation.

Salvaging is quite expensive for BMW; so if you’ve got a legit lemon, they’ll minimize risk here and just eat the lesser of two evils for their bottom line by likely offering a buy back or a trade assist.

I’m not an attorney, but based on my familiarity with the Song-Beverly act, your car doesn’t qualify as a lemon as none of the repairs you’ve mentioned are considered catastrophic lending your vehicle to be in an unsafe, inoperable condition for the required 30 days. Based on the data you’ve shared, BMW has made good-faith attempts to resolve your issues in a timely fashion so far all under 4 attempts. BMW knows this: that your service history doesn’t legally warrant a re-purchase. They are nice enough however to offer you hush money.

Had you been experiencing drive-train failure, stalling, headlight malfunctioning while driving at night, tires falling off, doors falling off, etc.; all of these issues happening multiple times due to unsuccessful repairs, then yes, you qualify for a lemon.

An attorney can help you press this issue further. Perhaps taking BMW to small claims in the Bay Area may persuade them to get you that buy-back. Though, public legal case records show BMW has been taken to court many times, and many times they’ve won.

All of this knowledge comes from personal experience with a successful buy-back of a leased vehicle from a large German auto maker. The vehicle was a legitimate lemon that would randomly lose electronic power while driving, even after 4 legitimate attempts of drivetrain repair.

[AlteBMW]

"Substantially impairs the use, value, or safety of the vehicle" and it is out of service for 30 days. Those are interrelated. It is worth pushing lemon and since there is a lawyer involved, let him decide how best to get them to respond.

[seans]

Originally Posted by AlteBMW

"Substantially impairs the use, value, or safety of the vehicle" and it is out of service for 30 days. Those are interrelated. It is worth pushing lemon and since there is a lawyer involved, let him decide how best to get them to respond.

Yep, that was exactly my point; glad you re-iterated it.

[Ice4life]

Honestly two monthly payments is a nice gesture in this economy. But if you want to try to lemon it, can't hurt. It's likely a dud, there are a few bad g70s out there and a lot of solid ones.

[pegogetem]

Originally Posted by Ice4life

Honestly two monthly payments is a nice gesture in this economy. But if you want to try to lemon it, can't hurt. It's likely a dud, there are a few bad g70s out there and a lot of solid ones.

After the 2 months….. the problem
Will still be there. Not a good gesture from a billion dollar company. We need to MKBHD them when it’s needed.

[Spencenyc]

MKBHD ?

[pegogetem]

Originally Posted by Spencenyc

MKBHD ?

That’s the YouTuber who “took” down 2 companies by making a review on how bad the product was.lol