[smithf80]

Looks like he double posted in attempts to find some understanding from his canadian friends:

http://f30.bimmerpost.com/forums/sho....php?t=1123688

and I'm just like:

[335BOY]

Originally Posted by too much

Good advice on calling financial services, thanks.

Nonetheless 46 kms seems like a bit too much (almost 30 miles). It takes 10 minutes at most for the engine to go through its cycles driving normally (I would have expected 10 kms at most). In Toronto 46 Kms could probably take an hour.

Now, given the break dust on the rims, that was definitely a trashing joy ride (personally I would need a couple of track laps to get that much dust). I would have preferred when paying for a new car experience to be the one doing that ...

This is ridiculous. They fixed the car. Its under warranty. How could you possibly know how the car was driven by the amount of brake dust (new pads) on the wheels. SHI& happens. Cant believe you bought another BMW after limp modes from previous one.

[335BOY]

Originally Posted by F32Fleet

OP. It's normal. What I really want to know is when did you guys in Toronto become such whiners?

We arent all whiners. This guy is whacked. If I were service guy I'd ask him to take his business elsewhere.

[fecurtis]

Originally Posted by 335BOY

This is ridiculous. They fixed the car. Its under warranty. How could you possibly know how the car was driven by the amount of brake dust (new pads) on the wheels. SHI& happens. Cant believe you bought another BMW after limp modes from previous one.

After a week or two of normal driving my wheels are pretty covered in brake dust. Don't have to be driving hard. OP is just being an entitled prick.

[BMWrules7]

Originally Posted by too much

I got myself last week a new 435GC from a dealership that I will not mention yet.

I drove the car for 30 kms and I got a limp mode service light (I am "familiar" with it as I moved from another 335 that I had for 4.5 years and maintained by myself). I didn't even manage to drive my new car home, as I was near the (same) dealership when it happened so I took the car in.

They told me it was a wastegate issue and they need to keep the car to diagnose it. That was on Friday, they kept the car over the weekend, and Tuesday they called me saying they performed a software update (that is already arguable on a new car) hoping it will address the issue and I can pick up the car. Despite the fact that it seems they have no idea and I will probably have to take the car back for an actual fix, when I arrived at the dealership I noticed lots of break dust on the improperly washed front rims. I checked the mileage and it had 46 kms on top of the 30 I put on it. Basically they drove the car more that I did.

The service manager told me that was their normal procedure to take the engine through its cycles. Seriously ????

Honestly that sounds like a bag of ****, and considering the brake dust, they had some fun with the car. I refused to pick up the car, as at the end I paid for a new car experience, that I failed to receive, with no fault of mine. Their joyride just added insult to injury.

Did anybody had a similar experience (car failing on the first day of ownership), but I'm mainly concerned about the joy ride. I owned new cars before, I also had two BMW's, but never experienced anything like this.

I feel that I should be compensated, and I would appreciate similar experiences and advice. I'm considering seeking legal help.

The test here is one of reasonability.

You won't find an American jury (or judge) to side with you because you're not being reasonable.

The fact that the dealer put extra miles on the clock to ensure your satisfaction is reasonable.

But, here is my take.

1. The dealer has no clue what to do.
2. The dealer gave your car to a mechanic to take home.

I think there is a difference between putting miles on the clock due to servicing and putting miles on the clock by just loaning your car out to a tech.

Right now, I would be more concerned about fixing the problem.

My advice:

1. Cooperate and don't bitch about silly things at this point.
2. If the dealer can't fix the problem, then you really can seek relief via the lemon law.
3. In the event you do seek relief under the lemon law, or BMW sits down with you to listen to your case, then that's the perfect time to say how you were denied the owner experience of putting the early miles on the clock.
4. If you try to seek recompense at this point for the loss off those early miles, you are just stealing your thunder when/if this becomes a serious issue.
5. BMW won't let this become lemon. They will do the right thing. Unless, you are an ahole that can never be pleased. You don't want to go to battle with the most reputable company in the world.
6. Document everything and make your case.
7. Right now, you don't have a case and you sound like a pita.
8. You will come out on top if you cooperate.

[Professor///M]

Originally Posted by too much

I got myself last week a new 435GC from a dealership that I will not mention yet.

I drove the car for 30 kms and I got a limp mode service light (I am "familiar" with it as I moved from another 335 that I had for 4.5 years and maintained by myself). I didn't even manage to drive my new car home, as I was near the (same) dealership when it happened so I took the car in.

They told me it was a wastegate issue and they need to keep the car to diagnose it. That was on Friday, they kept the car over the weekend, and Tuesday they called me saying they performed a software update (that is already arguable on a new car) hoping it will address the issue and I can pick up the car. Despite the fact that it seems they have no idea and I will probably have to take the car back for an actual fix, when I arrived at the dealership I noticed lots of break dust on the improperly washed front rims. I checked the mileage and it had 46 kms on top of the 30 I put on it. Basically they drove the car more that I did.

The service manager told me that was their normal procedure to take the engine through its cycles. Seriously ????

Honestly that sounds like a bag of ****, and considering the brake dust, they had some fun with the car. I refused to pick up the car, as at the end I paid for a new car experience, that I failed to receive, with no fault of mine. Their joyride just added insult to injury.

Did anybody had a similar experience (car failing on the first day of ownership), but I'm mainly concerned about the joy ride. I owned new cars before, I also had two BMW's, but never experienced anything like this.

I feel that I should be compensated, and I would appreciate similar experiences and advice. I'm considering seeking legal help.

First and foremost, if I had noticed this on my vehicle for non-engine related complaints, yes I would be upset. But keep in mind that they are trying to diagnose an issue and may need to drive it for an extended time to see if it reproduces. If they did that for an oil change, yes complain.


With that being said, and irrespective of that, I would have had the dealership REPLACE the vehicle. There should be no tolerance for drive-home defects.

Bringing home significant problems from day 1 sets the tone for the vehicle. Just have them replace it. Tell them you're not driving home with a defect, they can find another owner, and find you another car.

That's the only way to handle this situation. You don't need to be compensated, you don't need a lawyer. You need to go back into that sales office, park your rear end and don't leave until they give you a new vehicle that doesn't have problems. No one should drive home a brand new vehicle with any issues. That's not your headache to deal with, you should be enjoying your new product. This is not an entitlement issue. This is a car issue. The few cars that I have had that had defects from day 1, along with friends and family, have had spiraling down defects until the vehicle's ultimate death

[Chris@codemybimmer]

since you are base in Toronto,
was it Parkview BMW that did this?

[fecurtis]

Originally Posted by JSTDR1V

First and foremost, if I had noticed this on my vehicle for non-engine related complaints, yes I would be upset. But keep in mind that they are trying to diagnose an issue and may need to drive it for an extended time to see if it reproduces. If they did that for an oil change, yes complain.


With that being said, and irrespective of that, I would have had the dealership REPLACE the vehicle. There should be no tolerance for drive-home defects.

Bringing home significant problems from day 1 sets the tone for the vehicle. Just have them replace it. Tell them you're not driving home with a defect, they can find another owner, and find you another car.

That's the only way to handle this situation. You don't need to be compensated, you don't need a lawyer. You need to go back into that sales office, park your rear end and don't leave until they give you a new vehicle that doesn't have problems. No one should drive home a brand new vehicle with any issues. That's not your headache to deal with, you should be enjoying your new product. This is not an entitlement issue. This is a car issue. The few cars that I have had that had defects from day 1, along with friends and family, have had spiraling down defects until the vehicle's ultimate death

They have no legal obligation to give you a new car so that won't get you very far.

[too much]

Originally Posted by JSTDR1V

With that being said, and irrespective of that, I would have had the dealership REPLACE the vehicle. There should be no tolerance for drive-home defects.

Bringing home significant problems from day 1 sets the tone for the vehicle. Just have them replace it. Tell them you're not driving home with a defect, they can find another owner, and find you another car.

That's the only way to handle this situation. You don't need to be compensated, you don't need a lawyer. You need to go back into that sales office, park your rear end and don't leave until they give you a new vehicle that doesn't have problems. No one should drive home a brand new vehicle with any issues. That's not your headache to deal with, you should be enjoying your new product. This is not an entitlement issue. This is a car issue. The few cars that I have had that had defects from day 1, along with friends and family, have had spiraling down defects until the vehicle's ultimate death

That is exactly my main concern, the car having a pile of issues over its lifetime.

I feel I wasn't very clear last night when I posted with all the frustration of being denied the new vehicle experience. I don't really care about the miles, what I care about is not being able to put these early miles on myself. And the overall concern of getting a lemon ...

[too much]

A lot of good advice, Thanks ! At the end even if I posted under frustration, it was all worth.

I agree that this will be an exercise in reason-ability, eventually ...

[too much]

Originally Posted by BMWrules7

But, here is my take.

1. The dealer has no clue what to do.
2. The dealer gave your car to a mechanic to take home.

I think there is a difference between putting miles on the clock due to servicing and putting miles on the clock by just loaning your car out to a tech.

This. With a brand new car ... But there is also a possibility that I may also be wrong.

[fecurtis]

Originally Posted by too much

That is exactly my main concern, the car having a pile of issues over its lifetime.

I feel I wasn't very clear last night when I posted with all the frustration of being denied the new vehicle experience. I don't really care about the miles, what I care about is not being able to put these early miles on myself. And the overall concern of getting a lemon ...

That makes much more sense, understandable you'd post out of frustration in the heat of the moment only to come off as more leveled once you have had time to cool off.

I mean you can try to negotiate getting a new car, but if that fails, just to keep an eye on it and familiarize yourself with lemon laws and BMW buy backs.

Good luck, hopefully this is just a one off issue.

[Professor///M]

Originally Posted by fecurtis

They have no legal obligation to give you a new car so that won't get you very far.

Just moral and ethical, and they'll do it. Instead of pulling up the service bay, you pull up to the sales bay, and you tell them that you're not keeping a defective car. It truly is that simple. No need to raise voices, havoc, or anything.

There is no excuse for a new owner to have to pay to wait for their brand new car that hasn't even made it home to their garage to be fixed.

Once you or one of your family members have a car like this, you will appreciate the value of my post.


You go and buy a blender. You bring it home, plug it in, and it doesn't work. What do you do? Bring it back to the manufacturer and have them diagnose the problem while your hard earned shelled out money is in their pocket? No, you return it for a replacement.

Again, this doesn't apply to "We owe" situation, non mechanical issues. This is for drive home major defects, which a limp mode on drive home in my opinion is exactly that.

[too much]

Originally Posted by fecurtis

That makes much more sense, understandable you'd post out of frustration in the heat of the moment only to come off as more leveled once you have had time to cool off.

I mean you can try to negotiate getting a new car, but if that fails, just to keep an eye on it and familiarize yourself with lemon laws and BMW buy backs.

Good luck, hopefully this is just a one off issue.

The bad part is that there is no real lemon law in Ontario.

[sygazelle]

Originally Posted by too much

I got myself last week a new 435GC from a dealership that I will not mention yet.

I drove the car for 30 kms and I got a limp mode service light (I am "familiar" with it as I moved from another 335 that I had for 4.5 years and maintained by myself). I didn't even manage to drive my new car home, as I was near the (same) dealership when it happened so I took the car in.

They told me it was a wastegate issue and they need to keep the car to diagnose it. That was on Friday, they kept the car over the weekend, and Tuesday they called me saying they performed a software update (that is already arguable on a new car) hoping it will address the issue and I can pick up the car. Despite the fact that it seems they have no idea and I will probably have to take the car back for an actual fix, when I arrived at the dealership I noticed lots of break dust on the improperly washed front rims. I checked the mileage and it had 46 kms on top of the 30 I put on it. Basically they drove the car more that I did.

The service manager told me that was their normal procedure to take the engine through its cycles. Seriously ????

Honestly that sounds like a bag of ****, and considering the brake dust, they had some fun with the car. I refused to pick up the car, as at the end I paid for a new car experience, that I failed to receive, with no fault of mine. Their joyride just added insult to injury.

Did anybody had a similar experience (car failing on the first day of ownership), but I'm mainly concerned about the joy ride. I owned new cars before, I also had two BMW's, but never experienced anything like this.

I feel that I should be compensated, and I would appreciate similar experiences and advice. I'm considering seeking legal help.

I had a similar problem. My BMW dealer took my brand new 540i and mistook it for another. They tried to delivered it to another customer 25 miles away so it had 50 extra miles on it when I went to pick it up. The computer said it was getting 8 mpg so I know they were driving it hard.

I was pissed at the time. They gave me floor mats and other cool stuff. In addition, I got to know the service manager real well as a result of that fiasco and they have treated me like royalty every time I go in there. That was 1997. The car has 200,000 trouble-free (mostly) miles on it now.

Bottom line: It shouldn't have happened. It did happen. Hopefully you can get over it. Your car will no doubt be fine.

Good luck!

[IndotagSwizz]

"I noticed lots of break dust on the improperly washed front rims"

...this guy

[sr5959]

Seems to be a lot of 335's going into limp mode on these forums.

[too much]

Originally Posted by sr5959

Seems to be a lot of 335's going into limp mode on these forums.

Not as often as it sounds, its actually quite rare. I've had it on my N54 engine a few times only over the 100K km that I owned the car, and every time there was a logical reason. The engine is not as complicated as same think.

[Agamemnon]

Originally Posted by sr5959

Seems to be a lot of 335's going into limp mode on these forums.

Never had a CEL on mine. Have MPPK and an Akra exhaust and 15k on it. I do drive it with a lead foot from time to time.

[Thumper333]

Originally Posted by too much

My choice would would go for lemon law and have the car either replaced (while adding something to it) or my money back, or at least get some (meaningful) financial compensation.

Are the lemon laws in Canada retarded? Because here you can't call a car a lemon for having a single issue. Since in your total rambling post you never actually reported if the car has been fine since you got it back.


Seriously, it sucks to have a brand new car break like this right away, I understand the annoyance........but this is called LIFE. Stuff happens, and whining and stomping your feet for "compensation" is ridiculous unless you're a spoiled 14 year old kid.

Did they put you in a loaner? I am guessing they did.

Did they make honest attempts to correct the issue? Yes.

So cool it.

I mean, how does having 30 miles on it make it "not new" and ruin your new car experience. Did they stink up the inside with farts and BO?

[335BOY]

Originally Posted by BMWrules7

The test here is one of reasonability.

You won't find an American jury (or judge) to side with you because you're not being reasonable.

The fact that the dealer put extra miles on the clock to ensure your satisfaction is reasonable.

But, here is my take.

1. The dealer has no clue what to do.
2. The dealer gave your car to a mechanic to take home.

I think there is a difference between putting miles on the clock due to servicing and putting miles on the clock by just loaning your car out to a tech.

Right now, I would be more concerned about fixing the problem.

My advice:

1. Cooperate and don't bitch about silly things at this point.
2. If the dealer can't fix the problem, then you really can seek relief via the lemon law.
3. In the event you do seek relief under the lemon law, or BMW sits down with you to listen to your case, then that's the perfect time to say how you were denied the owner experience of putting the early miles on the clock.
4. If you try to seek recompense at this point for the loss off those early miles, you are just stealing your thunder when/if this becomes a serious issue.
5. BMW won't let this become lemon. They will do the right thing. Unless, you are an ahole that can never be pleased. You don't want to go to battle with the most reputable company in the world.
6. Document everything and make your case.
7. Right now, you don't have a case and you sound like a pita.
8. You will come out on top if you cooperate.

Wow. Youre just as paranoid as OP. How can you possibly conclude that a mechanic took the car home? I bet that NEVER happens. You know we are talking about approximately 30 miles here right?What is ther to come out on top of? I really don't get this thread.

[335BOY]

Originally Posted by fecurtis

They have no legal obligation to give you a new car so that won't get you very far.

EXACTLY! There was ONE problem with the car. If the problems persist then thats different but that hasnt happened.This is a joke.