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      04-21-2012, 01:54 PM   #155
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Quote:
Originally Posted by Elk View Post
Sorry, but no variation of ad hominem is going to get you anywhere.

You do not have the foundation for a claim; there is no tort based in whining.

Sorry.
Absolutely right. There's a contract claim in breach of implied warranty of merchantability. Let's not turn this into a pissing match. We can agree to disagree and move on.
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      04-21-2012, 01:56 PM   #156
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Quote:
Originally Posted by Shpinx View Post
If anyone got an update from the dealer regarding a permanent fix for this problem, please share it here !!
They're ordering me an X3. They won't put us in another 328. (I'm guessing that's because they know we will have the same complaint since its clearly systemic and not an isolated issue)
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      04-21-2012, 02:03 PM   #157
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Quote:
Originally Posted by E90Fleet View Post
Anyone with a car built from March 2012 onwards having this problem ?

The steering unit was changed from March 2012 production
Also, 335i standard steering is different from 328i.

Anyone with Variable Sport Steering having the issue ?
I picked mine up 2/25, no issues with steering. In fact this is the first car I've had for which I have had zero issues after 2 months.

I had a few things I though were not working, but forum posters gave me the solutions.
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      04-21-2012, 02:06 PM   #158
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Is the X3 about the same cost as your 328i?
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      04-21-2012, 02:17 PM   #159
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Quote:
Originally Posted by GuhBookGi View Post
Is the X3 about the same cost as your 328i?
Which engine in the X3? I;m thinking about maybe having them lemmon mine

Wonder if they will put me in a 135i
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      04-21-2012, 03:25 PM   #160
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Quote:
Originally Posted by mfear View Post
They're ordering me an X3. They won't put us in another 328. (I'm guessing that's because they know we will have the same complaint since its clearly systemic and not an isolated issue)
I guess you want an X3? Sure dosen't seem the same to me.
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      04-21-2012, 03:27 PM   #161
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Quote:
Originally Posted by mfear View Post
They're ordering me an X3. They won't put us in another 328. (I'm guessing that's because they know we will have the same complaint since its clearly systemic and not an isolated issue)
Did they kinda fight it first or recommended that you get in the X3 right away?
I just wanna get a feeling of what I have to do with my dealer !!
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      04-21-2012, 03:36 PM   #162
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Quote:
Originally Posted by ArkGroot View Post
I guess you want an X3? Sure dosen't seem the same to me.
I think its for his wife.
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      04-21-2012, 03:38 PM   #163
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Quote:
Originally Posted by mfear View Post
There's a contract claim in breach of implied warranty of merchantability.
Nonsense. This is not an implied warranty issue. First because there is an express contractual warranty, precluding an implied warranty claim. Second, it will be impossible to get a qualified expert to testify that the car, as delivered, fell outside of ordinary acceptability and that BMW breached a duty in how it handled the matter.

BMW fulfilled its contractual duty; it honored its express warranty, attempted to fix, and then replaced the car claimed to be defective.

There is no claim, much less any damages. You received the benefit of the bargain you made.

Now let's briefly turn to issue of class certification. What exactly is your class? How is it defined? How are you going to establish numorosity, commonality, etc.? Who has been harmed, how?

Threatening a class action in these circumstances is ludicrous. Stop whining. BMW treated you exceedingly well - exactly as a reputable business should do.

Enjoy your car and move on. Not everything unfortunate which happens makes one a victim.

(P.S. Wikipedia will not get you very far in this world.)
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      04-21-2012, 04:26 PM   #164
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LOL you think that an express warranty disclaims an implied warranty? Brush up on the UCC. I went to law school, not Wikipedia school. And even if you went to law school, unless you live in my state, I'd rather not hear your opinion on state law claims.

Also, I tried to be nice, why are you being a dickhead? If you're getting so heated over this conversation, I suggest you take a breather and calm down.

P.s. the class is everyone similarly effected by this problem...obviously multiple people have chimed in with the same model and same problem. It's a CLEARLY defined class.

Oh and I get the idea that you either work for BMW or youre just a guy who likes to be a troll on the internet. Good luck with that!
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      04-21-2012, 04:28 PM   #165
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Which X3 OP? im thinking about going to pines and just telling them to get me a 135

Was it more or less money as your 328? or about the same and you pay the difference?
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      04-21-2012, 04:29 PM   #166
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Quote:
Originally Posted by justinnum1 View Post
I think its for his wife.
Yea. She loves SUVs.. An X3 with premium, rear camera, PDC and comfort access is a little more, but I think they'll do a swap. I picked it (e 328) up today since our loaner X5 got a flat. It's definitely better, but not 100%...I almost just want to keep it since the fuel economy is so much better than the X3...and we will have to wait for them to order a 2013 x3, anyway.

Justin, the new 2013 x3 with the new 2.0 turbo and 8AT.
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      04-21-2012, 04:33 PM   #167
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Justin, we should meet up and compare the issue.
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      04-21-2012, 06:47 PM   #168
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So your dealership will be swapping out your 328i for a 2013 X3, no cash added? If so, that's great news! Sure you don't want to go for an F10 (specifically the 535i - I still believe having the N20 engine in the 528i, isn't the way to go if one is considering a 5 series....But the 535i & 550i are really the proper choices in the '5 family'!)?

Glad that you got everything straightened out in regards to your F30 issues.
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      04-21-2012, 10:55 PM   #169
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Quote:
Originally Posted by Elk View Post
Nonsense. This is not an implied warranty issue. First because there is an express contractual warranty, precluding an implied warranty claim. Second, it will be impossible to get a qualified expert to testify that the car, as delivered, fell outside of ordinary acceptability and that BMW breached a duty in how it handled the matter.

BMW fulfilled its contractual duty; it honored its express warranty, attempted to fix, and then replaced the car claimed to be defective.

There is no claim, much less any damages. You received the benefit of the bargain you made.

Now let's briefly turn to issue of class certification. What exactly is your class? How is it defined? How are you going to establish numorosity, commonality, etc.? Who has been harmed, how?

Threatening a class action in these circumstances is ludicrous. Stop whining. BMW treated you exceedingly well - exactly as a reputable business should do.

Enjoy your car and move on. Not everything unfortunate which happens makes one a victim.

(P.S. Wikipedia will not get you very far in this world.)
I would agree with this. A company is not required to do anything other than try to fix the problem and replace the car if they can't. It's people who are "un-please-able" that makes dealers so hesitant in helping people who actually deserve it :/
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      04-21-2012, 11:28 PM   #170
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Quote:
Originally Posted by SCBimmerKid View Post
I would agree with this. A company is not required to do anything other than try to fix the problem and replace the car if they can't. It's people who are "un-please-able" that makes dealers so hesitant in helping people who actually deserve it :/
Yea, it bothers me that people are so quick to sue. It's not like the car has been out for years and BMW is refusing to do anything about it. This is a new problem and it sounds like BMW is working on the problem and in the meantime trying to take steps to make it right (re-balancing tires, swapping tires and wheels, even lemon-ing cars).

What would the basis of the suit be anyways? BMW didn't know about the problem (from what I can tell). It's not dangerous. The vehicle is perfectly usable. They are working with customers to solve the problem. I see no basis for a suit. Besides, most people claim that they see the vibration while driving 40-60 mph with their hands off of the steering wheel. That in itself is misusing the vehicle and violating laws. Not sure people would want to admit that in court.
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      04-21-2012, 11:39 PM   #171
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Quote:
Originally Posted by micknugget View Post
Yea, it bothers me that people are so quick to sue. It's not like the car has been out for years and BMW is refusing to do anything about it. This is a new problem and it sounds like BMW is working on the problem and in the meantime trying to take steps to make it right (re-balancing tires, swapping tires and wheels, even lemon-ing cars).

What would the basis of the suit be anyways? BMW didn't know about the problem (from what I can tell). It's not dangerous. The vehicle is perfectly usable. They are working with customers to solve the problem. I see no basis for a suit. Besides, most people claim that they see the vibration while driving 40-60 mph with their hands off of the steering wheel. That in itself is misusing the vehicle and violating laws. Not sure people would want to admit that in court.
EXACTLY>>> Sue-happy people really irk me. Chances are, if you're driving without your hands on the wheel, a vibration is the least of your worries Glad to see there's another sensible, understanding human being out there.
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      04-22-2012, 11:57 AM   #172
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Quote:
Originally Posted by mfear View Post
Also, I tried to be nice, why are you being a dickhead? If you're getting so heated over this conversation, I suggest you take a breather and calm down.

P.s. the class is everyone similarly effected by this problem...obviously multiple people have chimed in with the same model and same problem. It's a CLEARLY defined class.

Oh and I get the idea that you either work for BMW or youre just a guy who likes to be a troll on the internet. Good luck with that!
No one on this thread is upset other than you, and no one else has resorted to name calling.

I appreciate you may be a young, inexperienced lawyer. However, your above description does not define a class. More significantly, you can't be the class rep when BMW has resolved your issue and you have no damages. This is simple, black letter F.R.C.P. 23.

Quote:
LOL you think that an express warranty disclaims an implied warranty? Brush up on the UCC. I went to law school, not Wikipedia school.
Perhaps you went to law school or are in school currently. However this is wrong. I strongly suggest you include 2-317 of the UCC in your studies. 2-317 specifically provides, in relevant part, "(c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose."

At this point, I will not further discuss the law as it will bore everyone, including me. My primary point is that you have nothing to complain about and your whining is ludicrous under the circumstances.

Good luck with your studies and with your class action. Please let us know when you file it and post the jurisdiction. It will be a hoot to read BMW's motion to dismiss and Rule 11 request for sanctions filed in lieu of an Answer.

Best wishes.
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      04-22-2012, 12:38 PM   #173
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Speaking as an engineer who deals with product design and product liability, I think you'll have a difficult time proving BMW is at fault.

I see only two things to your advantage: If the new replacement parts work OK and were the direct result of past vibration problems (BMW will likely never admit that though). Also, by dealerships lemoning cars is sort of an admission of guilt already.

Last edited by JoeyO; 04-22-2012 at 12:48 PM.
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      04-22-2012, 12:51 PM   #174
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Quote:
Originally Posted by mfear View Post
yep. ours is getting lemoned...and i'll be starting a class action against BMW in a few months.
Just curious, did you actually go through the lemon process (ie sending certified letters, last repair attempt, etc) or did BMW/Dealer go ahead and just let you exchange vehicles to keep a happy customer??
The last/only time I officially lemoned a car it was a long process (3 months or so).
Thanks!
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      04-22-2012, 01:06 PM   #175
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Quote:
Originally Posted by Elk View Post
I strongly suggest you include 2-317 of the UCC in your studies. 2-317 specifically provides, in relevant part, "(c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose."
So what's the express warranty and what is it in this express warranty that is replacing an inconsistent portion of the implied warranty? Or are you speaking completely in the abstract?

Thank GOD the law is so black and white, otherwise people would need lawyers!

I'm glad that you copied and pasted a line from the UCC and solved ALL of the issues..I mean, applying any of the actual facts or contract terms would be TOTALLLLLLLLY irrelevant. I'm going to tell our judiciary to shut down from now on and cease all litigation, since all we have to do is read subsections of the UCC

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      04-22-2012, 01:08 PM   #176
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Quote:
Originally Posted by RxCritical View Post
Just curious, did you actually go through the lemon process (ie sending certified letters, last repair attempt, etc) or did BMW/Dealer go ahead and just let you exchange vehicles to keep a happy customer??
The last/only time I officially lemoned a car it was a long process (3 months or so).
Thanks!
Nah, they said we don't have to wait for the entire process, that they'll just switch/order a new car.

We might end up just keeping the 328.. we got the car back and it's SIGNIFICANTLY better.. these morons at the service center could have saved us BOTH a lot of inconvenience if they had just called me to tell me to come try out some of the things they did.. instead, they kept saying "we're working on it..we're working on it.." meanwhile, I didn't even get to see if what they did was helping, since they never told me to come try it out.. if I had tried this out, I would have been satisfied enough to just let it go.

That's what really gets me.. every one says I'm complaining, whining about the issue.. well if BMW had even given me a chance to see what they had done, this problem would have been water under the bridge two weeks ago -- instead they wouldn't let me near the car LOL
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