[nhastings46]

hi all, my 07 335 has had a ton of problems since I purchased it used about four months ago. the main persisting problem has been the check engine light coming and and a message coming up on the nav screen saying "engine malfunction reduce power" and then the turbos shut off.
I just took it into the dealer for the third time for this particular problem and the service manager hinted at a buyback but also spoke about them extending the warranty to 100,000 and giving me two months worth of car payments back.
does anyone know much about the buyback with bmw or have any suggestions as to what I should do. I am really frustrated.
Thanks...

[Crimson92]

Originally Posted by nhastings46

hi all, my 07 335 has had a ton of problems since I purchased it used about four months ago. the main persisting problem has been the check engine light coming and and a message coming up on the nav screen saying "engine malfunction reduce power" and then the turbos shut off.
I just took it into the dealer for the third time for this particular problem and the service manager hinted at a buyback but also spoke about them extending the warranty to 100,000 and giving me two months worth of car payments back.
does anyone know much about the buyback with bmw or have any suggestions as to what I should do. I am really frustrated.
Thanks...

if they hinted at buyback, pursue that.....bmw has been buying back 335s due to know problems...mine was bought back and many of my friends as well.

[smartys]

hey man,

I'm sorry to hear about your car......I'm actually not very well versed about this sort of thing, but from what I've read on here about the "lemon law" in the USA, you should be able to get all your money back for the car, if it qualifies as a "lemon", legally speaking. It sounds to me that it definitely does....check out these links:

http://www.e90post.com/forums/showth...ight=lemon+law

http://ag.ca.gov/consumers/general/lemon.php

http://www.e90post.com/forums/showth...ight=lemon+law


Hope this helps and best of luck dude.....

[addy85]

Do you plan on buying another bmw? If so then I'm sure they would be more willing to do a buy back and that is what I would pursue in your situation

[TTG]

I believe buyback, trade assist or repurchase (whatever its called) applies if you are the original owner of the car. BMW will most likely not cover a 2nd hand used car as you are the 2nd owner.

I hope you did a history report prior to buying your car and know its past. BMW ships out their such cars out of state's where buy backs are much common (i.e: California) and sells them at auctions to other states. But then again, if your car had some sort of a bad history, it would no longer be under BMW's warranty. However, in the past I have seen factory buy backs being still covered under manufacturer's original warranty.

Good Luck with your car..

[ToadHollow]

Originally Posted by TTG

I believe buyback, trade assist or repurchase (whatever its called) applies if you are the original owner of the car. BMW will most likely not cover a 2nd hand used car as you are the 2nd owner.

I hope you did a history report prior to buying your car and know its past. BMW ships out their such cars out of state's where buy backs are much common (i.e: California) and sells them at auctions to other states. But then again, if your car had some sort of a bad history, it would no longer be under BMW's warranty. However, in the past I have seen factory buy backs being still covered under manufacturer's original warranty.

Good Luck with your car..

If the OP purchased the car as a CPO then wouldn't the buy back option still be in place?

I would think it would be .......... especially as a CPO. The again ...... is it a CPO vehicle?

[nhastings46]

thanks for all the help with this. I purchased the car in california from an independent dealer who bough the car at auction from a dealer as a lease return. The car had a clean car fax report when I bought it. I have bmw na involved in the situation. The first time the check engine light came on it was the day after I purchased it.
Does anyone know if i pursue a buyback if the dealer will pay me what i paid for the car? I would be willing to purchase a new bmw from the dealer that i am working with, either a 5 series or x5.
Thanks again for all the help....

[rmorin49]

My 07 E93 was "bought back" in a deal orchestrated by BMWNA but only if I bought another car. I was the original owner. Essentially I paid a mileage charge and some depreciation. I seriously doubt BMWNA will be willing to help if you bought the car used from a non-BMW dealer but I could be wrong.

[ToadHollow]

Is the factory warranty still in place? If it is then the fact that the car was purchased as a "lease return" from another BMW dealer would warrant BMWNA having an interest in resolving this.

Albeit, they will probably only do so toward the purchase of another BMW and possibly a generously discounted price.

They still want your business just not totally at their expense since the car was purchased second hand.

Just my .02

[TTG]

Originally Posted by ToadHollow

If it is then the fact that the car was purchased as a "lease return" from another BMW dealer would warrant BMWNA having an interest in resolving this.

It appears that the OP bought the car from a non-BMW dealer and the car is not a CPO. BMWNA usually keeps the cars that they want and see fit as CPO'ed and auction off the rest of their inventory. It would be very nice of BMWNA assist with this situation but the OP really does not that that much of a case. But then again, in his state, it may qualify as a lemon even though he originally bought the car from CA.

This can be complicated since:
-The Car is auctioned off by BMWNA. (most likely did not fit to be a CPO car)
-The OP bought it from a Non-BMW dealer
-The car was purchased in CA and brought to AZ. Not quite sure which state's laws will lemon law fall under.

On the positive side, the car is under warranty and something can most likely be done since it is going in for the same repairs over and over again.

[nhastings46]

There may have been a couple slight misunderstandings. The car was originally purchased from century bmw in LA. The car is still under warranty, I purchased it with 25,000 original miles and it currently have 32,000 on it. All these problems with the car started the day I purchased it and it has since been serviced at North Scottsdale bmw under warranty.

On another note, I think I am going to speak with the service manager about what kind of deal we can make in regard to a potential buyback. It seems to me that the bmw should buy my car back for the price i paid ($35,750) and negotiate a deal to buy a new or used car from that dealer.

Hope this all makes sense.....

[JSpira]

Originally Posted by nhastings46

On another note, I think I am going to speak with the service manager about what kind of deal we can make in regard to a potential buyback. It seems to me that the bmw should buy my car back for the price i paid ($35,750) and negotiate a deal to buy a new or used car from that dealer.

AFAIK, BMW NA does not get involved in buybacks with anyone but the original owner. This has nothing to do with warranty coverage.

[maraud]

Originally Posted by JSpira

AFAIK, BMW NA does not get involved in buybacks with anyone but the original owner. This has nothing to do with warranty coverage.

Well Lemon Laws do vary by state, but most staes Lemon Laws are still in place for used cars if the buyer receives a written warranty (such as factory warranty still being in place, extended manufacturer warranties, etc)

[fl_cyclist]

Originally Posted by nhastings46

On another note, I think I am going to speak with the service manager about what kind of deal we can make in regard to a potential buyback. It seems to me that the bmw should buy my car back for the price i paid ($35,750) and negotiate a deal to buy a new or used car from that dealer.

Hope this all makes sense.....

I would say there is about 0% chance of that happening. You did not give BMW any money for the car since you bought it from a third party. Since they never benefited from the sale I think they will just honor the warranty.

[T-MC-G]

The buy-back the service rep was talking about was basically to save BMW from having a car "lemoned" under a lemon law. If the BBB keeps on getting involved with people lemon lawing e9Xs then BMW is going to take some serious crap in the media for it. They are better off keeping it quite and "buying back" cars and selling you a new one. Then they are just going to change the oil, put in new floor mats, and re-sell/action the car they just bought back. Then eventually the car will be out of warranty and not be their problem anymore.

[nicknaz]

Definitely try for a buyback if possible, and if not a BMW extended warranty is absolutely a must. (obviously plan to get rid of the car before warranty is up)

[fl_cyclist]

Originally Posted by T-MC-G

The buy-back the service rep was talking about was basically to save BMW from having a car "lemoned" under a lemon law. If the BBB keeps on getting involved with people lemon lawing e9Xs then BMW is going to take some serious crap in the media for it. They are better off keeping it quite and "buying back" cars and selling you a new one. Then they are just going to change the oil, put in new floor mats, and re-sell/action the car they just bought back. Then eventually the car will be out of warranty and not be their problem anymore.

Understood, I did a trade assist on my first e90. However, it took some level of effort and in my case I had purchased the car from the dealer. So I would be pretty surprised that they would go to that level for a third party sale. They would be taking a pretty big hit.

[nhastings46]

Update: my service advisor called me and said that they replaced an exhaust solenoid and test drove the car and the faults have not returned. They want me to pick the car up and drive it to California this weekend and see if it happens again.

They have done this before and after a short time driving in hills and under load the light and message will return. So I guess we will see what happens, I will keep you all updated. Thanks for all the help and advice.

[BMWFM]

Originally Posted by T-MC-G

The buy-back the service rep was talking about was basically to save BMW from having a car "lemoned" under a lemon law. If the BBB keeps on getting involved with people lemon lawing e9Xs then BMW is going to take some serious crap in the media for it. They are better off keeping it quite and "buying back" cars and selling you a new one. Then they are just going to change the oil, put in new floor mats, and re-sell/action the car they just bought back. Then eventually the car will be out of warranty and not be their problem anymore.

+1. IMHO, bottom line is that, regardless of the owner status (first, second, etc.), BMW must still honor its warranty on the car. If it cannot honor it, then it has to fix the situation in a different way.

FM

[JSpira]

Originally Posted by maraud

Well Lemon Laws do vary by state, but most staes Lemon Laws are still in place for used cars if the buyer receives a written warranty (such as factory warranty still being in place, extended manufacturer warranties, etc)

If that is the case (and I cannot profess that I know terribly much about lemon laws), that would strictly be between buyer and seller and BMW would still have nothing to do with the buy back.

[BMWFM]

Originally Posted by JSpira

If that is the case (and I cannot profess that I know terribly much about lemon laws), that would strictly be between buyer and seller and BMW would still have nothing to do with the buy back.

I am not sure I follow your logic. BMW as a manufacturer issued a warranty for x years and y miles, no?
I am not a legal specialist either but it makes sense that they (BMWNA) have to honor it or face a lemon law case, regardless of the owner as long as the car is covered.
In this case the new car warranty transferred to the new owner unless stated otherwise. Could be the case for example if BMW actively voided the warranty on the first owner or later in the life of the vehicle (OP needs to check but unlikely since he got service and warranty work from a BMW dealer), or if stated that the full warranty applies only to the first owner in its original terms (which is not the case).

Example for CA. May be different in AZ.
http://ag.ca.gov/consumers/general/lemon.php (as posted by smartys)

Extracts:

The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles. The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer.

....
The lessee or buyer may be charged for the use of the vehicle regardless of whether the vehicle is replaced or the purchase price is refunded.

...
The term "new motor vehicle" includes not only new motor vehicles but also demonstrators; the chassis, chassis cab, and propulsion system of a new motor home; and any other motor vehicle sold with a manufacturer's new car warranty. For example, a two-year old used car sold with the remaining one year portion of a manufacturer's three-year new car warranty would be treated as a new motor vehicle.


OP, if needed, get proper legal counsel.

Good luck.

FM