[biznis32]

Last week, I purchased and took delivery of a 2024 X5 40i that is very well equipped. Within 2 days of city driving, I had the screen flicker and then the engine light came on. I called the service department and said its probably a quick fix and asked that I bring it in. Today, I get a call that there is a damper on the exhaust that is malfunctioning and the part needs to be replaced. The car is unsafe to drive and its a special order from Germany which can take a month. I sent an email to my SA stating tha I dont wisht to accept this vehicle back and that I want ot order a new one. I believe this is the right approach given that I purchased the vehicle and this could lead to many future problems especially past the warranty expiry date. What kind of fight will I be up against with BMW Canada? As anyone exeprienced something similar?
Thanks.

[rmorin1249]

I suspect this will be a big fight but I have never dealt with BMW of Canada. I would suggest you request a nice loaner vehicle and IF your vehicle is not fixed in 30 days you could start a buyback request. Also, if you are making monthly payments request that they make a payment for you. Good luck.

[COKen]

Originally Posted by biznis32

Last week, I purchased and took delivery of a 2024 X5 40i that is very well equipped. Within 2 days of city driving, I had the screen flicker and then the engine light came on. I called the service department and said its probably a quick fix and asked that I bring it in. Today, I get a call that there is a damper on the exhaust that is malfunctioning and the part needs to be replaced. The car is unsafe to drive and its a special order from Germany which can take a month. I sent an email to my SA stating tha I dont wisht to accept this vehicle back and that I want ot order a new one. I believe this is the right approach given that I purchased the vehicle and this could lead to many future problems especially past the warranty expiry date. What kind of fight will I be up against with BMW Canada? As anyone exeprienced something similar?
Thanks.

That is not the way a Lemon claim works here is the US (in most states). You should check out how the Canadian Lemon Law work. Most Lemon lawyers in the US (maybe in Canada also) will consult for free so you can find out if you have a lemon claim or not and if you do and you win, they get paid by the manufacture.

[TurtleBoy]

You can certainly try it but I don't think it warrants a new vehicle at this point. You have a warranty for these issues and they are taking care of it under warranty. If after trying they can't fix the issue then you may be able to pursue something. You should contact BMW of Canada to see what type of compensation you may be able to get. Perhaps they will credit you a month of two of payments as well as give you an extended warranty. Let us know how things turn out.

[Fuzzy Master]

Sadly, there are no "lemon laws" in Canada, especially in Ontario.

A single repair or defective component doesn't normally make a "lemon" even by U.S. standards. Projecting what might happen to the vehicle after the warranty, years from now, is simply not a valid legal argument. Also remember that things do break on cars and that's why there is a warranty provided by the manufacturer.

There are some options for "recourse" and/or "redress". If you can not come to some agreement with BMW, then you can proceed through the Canadian Motor Vehicle Arbitration Plan (CAMVAP).

I would suggest you start with this Government of Canada website, and then look at the CAMVAP process, before proceeding to hire a lawyer.

Keep a detailed log of every communication with the dealership and with BMW Canada. Try to be as amicable as possible with both, let your lawyer be the bad guy if & when that time comes.

Good luck.

[biznis32]

Thanks for the solid advice. Maybe trying to get an extra year of warranty isn’t a bad alternative but I’ll look into the suggested Canadian website.

[Bking60]

Ours was in for something minor the first few months or for an update. They called and said the body module fried when they tried to update it. The only spare was in Germany, and it was an updated part. Got a loaner and part arrived from Germany in about 15 days. Got car back a few days later.

[Jen4BMW]

New cars should not need immediate fixing. It’s robs you of the new car bliss which is a huge upside to buying and paying for a brand spanking new car.

With this said, if it were me, I would give BMW 2 options:
1. Provide me with a loaner of my own choosing or
2. Reject the car and order a new one

Option 1 is the one BMW will choose and unfortunately you’ll just have to wait a little longer for your new ride. An exhaust flap malfunction if that’s the issue is not a big deal in my opinion. It’s just a one off annoyance.

[Rob_G77]

Originally Posted by Fuzzy Master

Sadly, there are no "lemon laws" in Canada, especially in Ontario.

There are some options for "recourse" and/or "redress". If you can not come to some agreement with BMW, then you can proceed through the Canadian Motor Vehicle Arbitration Plan (CAMVAP).

I think BMW is not a participating member of CAMVAP so that option isn't valid.

What the original poster should do is contact BMW customer service and ask for compensation.

Rob

[Rob_G77]

Originally Posted by biznis32

Last week, I purchased and took delivery of a 2024 X5 40i that is very well equipped. Within 2 days of city driving, I had the screen flicker and then the engine light came on. I called the service department and said its probably a quick fix and asked that I bring it in. Today, I get a call that there is a damper on the exhaust that is malfunctioning and the part needs to be replaced. The car is unsafe to drive and its a special order from Germany which can take a month. I sent an email to my SA stating tha I dont wisht to accept this vehicle back and that I want ot order a new one. I believe this is the right approach given that I purchased the vehicle and this could lead to many future problems especially past the warranty expiry date. What kind of fight will I be up against with BMW Canada? As anyone exeprienced something similar?
Thanks.

Unless the failure was catastrophic or continually happening, BMW isn't going to take the vehicle back. You have to give them the opportunity to repair it first.

I know it sucks and I've been there too myself waiting for parts. I don't know why it takes so long, but it does. This is one area BMW should certainly do better with.

Rob

[walketed]

Originally Posted by biznis32

Last week, I purchased and took delivery of a 2024 X5 40i that is very well equipped. Within 2 days of city driving, I had the screen flicker and then the engine light came on. I called the service department and said its probably a quick fix and asked that I bring it in. Today, I get a call that there is a damper on the exhaust that is malfunctioning and the part needs to be replaced. The car is unsafe to drive and its a special order from Germany which can take a month. I sent an email to my SA stating tha I dont wisht to accept this vehicle back and that I want ot order a new one. I believe this is the right approach given that I purchased the vehicle and this could lead to many future problems especially past the warranty expiry date. What kind of fight will I be up against with BMW Canada? As anyone exeprienced something similar?
Thanks.

This sucks!, but if you think about it with a cool head, they will fix it and that's it. End of story.

I took delivery of a 50e couple weeks ago and after a few days the check engine light went on. I almost exploded.. after all it's a 90k car and you expect nothing but the best. I took the car to the service dept, they wanted me to leave the car which is nuts! brand new! I don't even leave it in valet parking, and I have to leave it here for who knows how long?!.. So I begged one of the SA's and he plugged in the scanner and couldn't find anything, so he resetted the error and told me that if it lights up again, I should bring the car back. So far the car is ok..

So moral of the story... Cool down, get if fixed and enjoy you car! A little complaining could give you some extra benefits though..

[David3]

Originally Posted by biznis32

Last week, I purchased and took delivery of a 2024 X5 40i that is very well equipped. Within 2 days of city driving, I had the screen flicker and then the engine light came on. I called the service department and said its probably a quick fix and asked that I bring it in. Today, I get a call that there is a damper on the exhaust that is malfunctioning and the part needs to be replaced. The car is unsafe to drive and its a special order from Germany which can take a month. I sent an email to my SA stating tha I dont wisht to accept this vehicle back and that I want ot order a new one. I believe this is the right approach given that I purchased the vehicle and this could lead to many future problems especially past the warranty expiry date. What kind of fight will I be up against with BMW Canada? As anyone exeprienced something similar?
Thanks.

This is not a rational request or response to a warranty repair on a new vehicle. Just allow them (BMW/dealer) to fix the issue and be on your way. I doubt you will get any concession form BMW or the dealer.

[Jlewisinsyr]

Warranty is there for a reason, sucks you needed to have warranty work so soon, but it happens. Honestly, BMW doesn’t owe you anything but the repair.

[FireMedic]

Doesn't seem to me like it will be a lemon.
Hopefully the dealer gave or gives you a loaner.
My '23 is still waiting for a part from Germany as the control stalk (?) on the steering column needs to be replaced. Back wiper would go on at random times and start spraying window cleaner. The dealer somewhat balked when I told them my issue. I got a call shortly after they looked at it and said it was throwing multiple error codes and the part was ordered from Germany, that was six weeks ago now, still waiting. Made for an always dirty car until the fluid ran out but I can still drive it.
I would hope they give you a loaner as you might as well put the miles on the dealer vehicle for five or six weeks.

[rexus300]

570 miles in and my check engine light came on the 50e. UGH but I know from experience it could be nothing and a trigger code that can be cleared. Will see what the dealer scans this weekend...

[walketed]

Originally Posted by rexus300

570 miles in and my check engine light came on the 50e. UGH but I know from experience it could be nothing and a trigger code that can be cleared. Will see what the dealer scans this weekend...

Just dropped my brand new 50e at the dealer because of that same reason!!, the problem came back after just clearing the code. Let me know what they tell you..

[walketed]

Originally Posted by FireMedic

Doesn't seem to me like it will be a lemon.
Hopefully the dealer gave or gives you a loaner.
My '23 is still waiting for a part from Germany as the control stalk (?) on the steering column needs to be replaced. Back wiper would go on at random times and start spraying window cleaner. The dealer somewhat balked when I told them my issue. I got a call shortly after they looked at it and said it was throwing multiple error codes and the part was ordered from Germany, that was six weeks ago now, still waiting. Made for an always dirty car until the fluid ran out but I can still drive it.
I would hope they give you a loaner as you might as well put the miles on the dealer vehicle for five or six weeks.

I just found out at least in the US that if the car stays in the shop for 15 days or more is cause to claim it as a lemon.

[TurtleBoy]

Originally Posted by walketed

I just found out at least in the US that if the car stays in the shop for 15 days or more is cause to claim it as a lemon.

Not true at all, Lemon laws vary by state.

You are in Florida and 15 days doesn't qualify it as a Lemon. That is just when the consumer can give notice to start the process.

"If the vehicle is in and out of the authorized repair shop for repair of one or more different problems for 15 or more cumulative days, the consumer must give written notification of this fact to the manufacturer (not the dealer), by certified, registered or express mail. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. Click here for the Instructions and Motor Vehicle Defect Notification form. After the manufacturer’s receipt of the notification, the manufacturer or its authorized service agent must have at least one opportunity to inspect or repair the vehicle.The consumer may be eligible for a purchase price refund or a replacement vehicle if the vehicle is out of service for repair of one or more nonconformities for a cumulative total of 30 or more days."

https://www.myfloridalegal.com/lemon...emon-law-works

[walketed]

Originally Posted by TurtleBoy

Not true at all, Lemon laws vary by state.

You are in Florida and 15 days doesn't qualify it as a Lemon. That is just when the consumer can give notice to start the process.

"If the vehicle is in and out of the authorized repair shop for repair of one or more different problems for 15 or more cumulative days, the consumer must give written notification of this fact to the manufacturer (not the dealer), by certified, registered or express mail. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. Click here for the Instructions and Motor Vehicle Defect Notification form. After the manufacturer’s receipt of the notification, the manufacturer or its authorized service agent must have at least one opportunity to inspect or repair the vehicle.The consumer may be eligible for a purchase price refund or a replacement vehicle if the vehicle is out of service for repair of one or more nonconformities for a cumulative total of 30 or more days."

https://www.myfloridalegal.com/lemon...emon-law-works

Oh boy!! so I better ask them nicely to fix it!! hahaha..

So today they got back to me with the diagnosis: Refrigerant shut off valve for the high voltage battery unit. They told me that they don't have the part and I have to wait..

[Kripab]

My BMW has been in the shop for 56 days.
Car was six weeks old and had travelled 1500km when I took it in.

Curious how you got on.

My car is an iX and I have today formally rejected the car and asked for a refund or credit. Contemplating what I want to buy next and considering another X5 40i. I have already had a 2019 X5 40i and a 2022 X5 40i.

Suggestions?

[walketed]

Originally Posted by biznis32

Last week, I purchased and took delivery of a 2024 X5 40i that is very well equipped. Within 2 days of city driving, I had the screen flicker and then the engine light came on. I called the service department and said its probably a quick fix and asked that I bring it in. Today, I get a call that there is a damper on the exhaust that is malfunctioning and the part needs to be replaced. The car is unsafe to drive and its a special order from Germany which can take a month. I sent an email to my SA stating tha I dont wisht to accept this vehicle back and that I want ot order a new one. I believe this is the right approach given that I purchased the vehicle and this could lead to many future problems especially past the warranty expiry date. What kind of fight will I be up against with BMW Canada? As anyone exeprienced something similar?
Thanks.

Not quite a lemon yet. In my case, either you bring back the car 3 times or 30 days in the shop will qualify your car as a lemon. Let them fix it, but if they can't or won't (like with me) then you hire a lawyer.. it takes 8-9 months to win the case.

[swainbmw]

Originally Posted by walketed

Not quite a lemon yet. In my case, either you bring back the car 3 times or 30 days in the shop will qualify your car as a lemon. Let them fix it, but if they can't or won't (like with me) then you hire a lawyer.. it takes 8-9 months to win the case.

A bmw dealer won’t leave you stranded they will call bmw of North America if they have exhausted all resources and trying to fix and they will recommend that they take it back . I would also ask them to make payment till fixed and a X5 to drive