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      01-14-2022, 03:24 PM   #1
JRAtlanta
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X5 45e has been at the dealer for 50+ days

The 45e was sagging at the rear driver side corner. I brought the SAV to my dealer Nov. 23 (took the Performance Center Delivery, May 18). The dealership has been excellent, but there is an inability to get the air suspension parts from Germany. I spoke with BMW Concierge regarding the issue and the dealership/BMW NA has offered $700 and the experience at the Performance Center. Loved the PCD experience, but no need to do so again this soon after delivery. BMW has asked what would be satisfactory. I have my thoughts, but would enjoy your thoughts on a reasonable settlement for giving up the 45e for two months+ once repaired and returned.

Thanks to all the forum members for your input; really enjoyable information.
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      01-14-2022, 03:30 PM   #2
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if it's not paid off, then you're paying for a car you don't have. they should be footing your bill.
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      01-14-2022, 03:52 PM   #3
rpm50i
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how old is the car? how many repair visits so far? I am tempted to say that you should look into invoking lemon law, or politely suggesting replacement with new. at minimum, they should foot the monthly payments plus a loaner - should be limited to some time frame beyond which you get a new car.
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      01-14-2022, 05:11 PM   #4
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At this point they should do a buy back and you can then order a new one. If you don't want to go that route then they should be making your monthly payments, providing a comparable free loaner and then compensation for your hassle, I would say $3k or so if it is fixed soon.

That likely would be less hassle for them then going though the lemon law process which at this point your vehicle qualifies for under the Georgia Lemon Law. If they balk at any of the above then you may want to start pursuing that.

https://consumer.georgia.gov/resolve...rgia-lemon-law
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      01-14-2022, 05:57 PM   #5
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Check your state Lemon Law.
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      01-15-2022, 04:40 PM   #6
JRAtlanta
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Thanks to all for your solid replies. RPM, it's a 2021 that was purchased in May. Dealer has offered to pay two months payments, but I purchased and only have a small loan that equates to $341 per month. As I mentioned to BMW, if I had financed the entire vehicle, I would be looking at $1k+ per month and shouldn't be penalized for a low monthly payment. I've been told repair should be complete by Jan. 21 (not holding my breath). I do have the right to pursue the Lemon Law, but the 22 model X5 45e has features and options deleted that are on my 21. Again, appreciate your time and replies.
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      01-27-2022, 09:36 PM   #7
JRAtlanta
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Update - Not good

The saga continues. After 60 days the BMW dealer was going to deliver the 45e to my home and swap out the loaner. 10 miles into the drive, the drivetrain warring light comes on and the driver returns the vehicle to the dealer. After a number of phone calls it's determined that the safety box for the hybrid system is bad and will have to be replaced. Part should arrive 1/31 and then repair will begin. The 45e will have been at the dealer north of 70 days straight by the tie this repair is completed. Also, the repair necessitates the removal of the battery packs which means the removal of a number of components on the underside of the vehicle; not good. I've requested a replacement 45e with the option to file under Georgia's Lemon Law. As I don't trust the repair and the 6 month old vehicle will have a service record that could be costly at the time of trade-in or resale. Cheers to all.
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      01-27-2022, 09:54 PM   #8
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Sorry to hear that. You should push for the replacement but since the repair will be done next week it is unlikely that will happen since it is "fixed". At least push for some additional compensation from BMW. Good luck.
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      01-27-2022, 10:05 PM   #9
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Thanks TB. Georgia's Lemon Law states that any vehicle which is out of service for 30 days or more within the first 24 months or 24k miles is eligible for repurchase/replacement. I've requested replacement through my manager contact at IConcierge and have been told to expect a response within the next 48 hours.
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      01-27-2022, 10:08 PM   #10
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stick to replacement, carmax the replacement, pocket the money. esp if you dont urgently need the car. then buy another and get a fresh $7500 from the gov

fairy tale plan, but that's what i'd insist on to pay for my troubles if I was in your shoes.
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      01-27-2022, 10:13 PM   #11
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Quote:
Originally Posted by JRAtlanta View Post
Thanks TB. Georgia's Lemon Law states that any vehicle which is out of service for 30 days or more within the first 24 months or 24k miles is eligible for repurchase/replacement. I've requested replacement through my manager contact at IConcierge and have been told to expect a response within the next 48 hours.
Actually that is not correct (see link I posted above). That clause only comes into play when there is still a problem that has not been fixed after a reasonable number of attempts and a final attempt notice.

Since this is an ongoing problem BMW may offer a replacement as a good will gesture, hopefully they do.
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      01-28-2022, 12:36 PM   #12
JRAtlanta
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Again, appreciate all of your feedback. I am sticking to my request for a replacement and am looking forward to a fair resolution.
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      01-28-2022, 01:11 PM   #13
JRAtlanta
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Update - I spoke with the head of the lemon law division of the Consumer Protection Division and I am within my rights to file as a lemon even if the vehicle has been fully repaired and I am driving the vehicle. The 30 or more days out of service provision is valid. I will give BMWNA the opportunity to replace the vehicle and, if this isn't the result, will formally file for replacement.
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      01-28-2022, 01:20 PM   #14
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Quote:
Originally Posted by JRAtlanta View Post
Update - I spoke with the head of the lemon law division of the Consumer Protection Division and I am within my rights to file as a lemon even if the vehicle has been fully repaired and I am driving the vehicle. The 30 or more days out of service provision is valid. I will give BMWNA the opportunity to replace the vehicle and, if this isn't the result, will formally file for replacement.
Good news! Get something in writing.
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      01-28-2022, 01:56 PM   #15
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Quote:
Originally Posted by JRAtlanta View Post
Update - I spoke with the head of the lemon law division of the Consumer Protection Division and I am within my rights to file as a lemon even if the vehicle has been fully repaired and I am driving the vehicle. The 30 or more days out of service provision is valid. I will give BMWNA the opportunity to replace the vehicle and, if this isn't the result, will formally file for replacement.
Interesting, I wonder why they say the opposite on their website. I wish you the best and hopefully in a few days you will be giving the update that BMW agreed to a buyback.
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      02-02-2022, 10:19 PM   #16
JRAtlanta
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Update - The GM of the dealership has jumped in and I've received a build sheet for approval from the dealer. I noted the 22 model doesn't come with 36 month/36k maintenance and have requested the service be included for the inconvenience of the experience. Waiting for next communication from the GM who is confident he can acquire an allocation slot from another dealer.
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      02-02-2022, 10:57 PM   #17
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Quote:
Originally Posted by JRAtlanta View Post
Update - The GM of the dealership has jumped in and I've received a build sheet for approval from the dealer. I noted the 22 model doesn't come with 36 month/36k maintenance and have requested the service be included for the inconvenience of the experience. Waiting for next communication from the GM who is confident he can acquire an allocation slot from another dealer.
That is good. You got bad information though, the MY22's definitely come with Ultimate Care. In fact it is transferrable to another owner starting with the 22's.
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      02-09-2022, 01:09 PM   #18
JRAtlanta
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Dealer price sheet shows 12mo/12k miles, but it was confirmed as incorrect. Thanks Turtle.
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