04-21-2012, 12:54 PM | #155 |
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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, 12:56 PM | #156 |
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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, 01:03 PM | #157 | |
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I had a few things I though were not working, but forum posters gave me the solutions. |
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04-21-2012, 01:17 PM | #159 |
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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, 02:25 PM | #160 |
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I guess you want an X3? Sure dosen't seem the same to me.
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04-21-2012, 02:27 PM | #161 | |
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I just wanna get a feeling of what I have to do with my dealer !! |
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04-21-2012, 02:36 PM | #162 |
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I think its for his wife.
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04-21-2012, 02:38 PM | #163 | |
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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, 03:26 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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Last edited by mfear; 04-21-2012 at 03:32 PM.. |
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04-21-2012, 03:28 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, 03:29 PM | #166 |
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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, 03:33 PM | #167 |
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Justin, we should meet up and compare the issue.
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04-21-2012, 05:47 PM | #168 |
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@mfear
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, 09:55 PM | #169 | |
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04-21-2012, 10:28 PM | #170 | |
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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, 10:39 PM | #171 | |
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04-22-2012, 10:57 AM | #172 | ||
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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:
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, 11:38 AM | #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 11:48 AM.. |
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04-22-2012, 11:51 AM | #174 | |
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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, 12:06 PM | #175 | |
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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, 12:08 PM | #176 | |
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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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