Our steptronic tale of woe. What to do now?

[Steptronic_woes]

I realized delay in acceleration about two weeks ago after taking delivery of our new 330Xi. Contacted the dealer. Dealer acted completely "unaware". My wife brought the car in and was told, "there is a software upgrade" but completely safe to drive until our appointment. Saturday afternoon the car did not move at the end of our driveway. Tried M1, Sport everything then the car began to creep forward. Drove directly to the dealership and spoke to service dept. I told them the above and demanded a loaner until our car was repaired (my wife is pregnant with our second). While sitting in the waiting room for the loaner three out of the five others waiting were there for transmission problems. One gave me the idea of reading message boards. Came home and began researching. Needless to say we were flabbergasted how many involved and for how long this has been going on.

So here I am, now knowing we have an affected car but not knowing HOW to proceed. I have expressed great dissatisfaction with the dealer and also with BMWNA. They say the car is under warranty and there is nothing to worry about" THEY WERE NOT SITTING IN THE CAR AT THE END OF OUR DRIVEWAY NOT MOVING I have read the threads and will not be treated as some have. I would appreciate information on what action I can take to protect ourselves.
Thanks,
Tim and Lisa

 

[LarryE]

I realized delay in acceleration about two weeks ago after taking delivery of our new 330Xi. Contacted the dealer. Dealer acted completely "unaware". My wife brought the car in and was told, "there is a software upgrade" but completely safe to drive until our appointment. Saturday afternoon the car did not move at the end of our driveway. Tried M1, Sport everything then the car began to creep forward. Drove directly to the dealership and spoke to service dept. I told them the above and demanded a loaner until our car was repaired (my wife is pregnant with our second). While sitting in the waiting room for the loaner three out of the five others waiting were there for transmission problems. One gave me the idea of reading message boards. Came home and began researching. Needless to say we were flabbergasted how many involved and for how long this has been going on.

So here I am, now knowing we have an affected car but not knowing HOW to proceed. I have expressed great dissatisfaction with the dealer and also with BMWNA. They say the car is under warranty and there is nothing to worry about" THEY WERE NOT SITTING IN THE CAR AT THE END OF OUR DRIVEWAY NOT MOVING I have read the threads and will not be treated as some have. I would appreciate information on what action I can take to protect ourselves.
Thanks,
Tim and Lisa

Tim. Who did you speak to at the dealer (BMW of Greenwich, by the way? ... I am in Westchester)? Did you speak to the service manager or the shop foreman? When I logged my first call to the dealer on this, I requested to speak to the repair shop foreman. I asked him "Are you familiar with the transmission issues on the 3-series". He said "Unfortunately, yes I am". Then, when I went to the SA to make an appt., I just referenced that conversation and had no problems. They ordered the replacement and it was in within 10 days.

Don't waste your time with the SA. Speak to the service manager, the shop foreman, or even the dealership GM. Take the TSB and/or any of the discussions from this board with you. Insist that you be given a replacement tranny as per the TSB (if that is, in fact, the problem). It's hard to believe that they don't know anything about the issue.

That is my best advice to you. Good luck!

 

[Steptronic_woes]

Outrageous

I was just told a $47k+ car with 600 miles on it needs a new transmission? We have had the car less than a month. I went from disappointed to outraged when I read that this has been going on for not months but YEARS. Now please, someone offer some advice how to keep from being stuck with this car. My wife swears she will never ride in it again.

Larry, appreciate your comments but understand, we are very different people. I will not accept this.

 

[frolf]

so you are to get rid of your BMW?

i understand that this has to be frustrating, but why did you buy it? was it for the looks, the performance, or something else? i'm not trying to breathe down anyones neck, or open any wounds, but if i had a purchased a BMW with an auto, and something went wrong that could be replaced under warrenty, i think i'd probably just do that. i don't think i'd go as far as condemming the entire car.

just my two cents sir, best of luck to you

 

[gizzy]

Steptronic_woes

If you have had the car less than a month, contact a consumer lawyer about rejecting the vehicle. Laws on this varry state to state, but usually it consists of being able to return the vehicle to the dealership for the same amount that you purchased for including all fees minus a "reasonable" amount for the miles that you placed on the car ranging from 10 to 40 cents per mile.

This is usually covered under state lemon laws and can be used if you have had the vehicle for a very short amount of time without having to have 3 or more repairs for the same defect within a specific amount of time.

 

[Kirby]

Re: Outrageous

I was just told a $47k+ car with 600 miles on it needs a new transmission? We have had the car less than a month. I went from disappointed to outraged when I read that this has been going on for not months but YEARS. Now please, someone offer some advice how to keep from being stuck with this car. My wife swears she will never ride in it again.

Larry, appreciate your comments but understand, we are very different people. I will not accept this.

I'd like to list what I believe are your options. No doubt I will get flamed by somebody , it seems some people here can't discuss Steptronic problems unless they can launch insults, but I DON'T care. These are pretty much facts, and I'm not recommending any one path.

Both you and BMW have legal rights and obligations. IMHO you appear to have few paths to choose. None are exclusive but HOW you react and respond may limit your other options.

1. Negotiate with the dealer to take the car back at some loss to you. If you do this, yes, you take a $$ hit, but you get rid of the car and your aggravation is over, done, gone.

2. Get the car repaired under warranty and trade it on another car, BMW or otherwise. If you do this, yes, you take a $$ hit, but you get rid of the car and your aggravation is over, done, gone.

3. Sell it privately, fixed or not fixed. FWIW, You do have an ethical and legal obligation to notify the buyer that you know the car is defective.

3. Pursue the lemon law. But this means you must follow your state's laws, play by the rules, and that means to allow BMW to repair the car as they see fit. And it must fail at least twice again. Then you can pursue the lemon law. And if it doesn't fail again, yes, it's yours - lemon law doesn't kick in. If you still want to get rid of it, see #1, #2 and #3.

I don't think there are any other resolutions, but I could be wrong.

This Lemon Law link was provided to me by another member.
http://www.lemonlawamerica.com/

Good luck with your decision.

 

[LarryE]

Re: Outrageous

I was just told a $47k+ car with 600 miles on it needs a new transmission? We have had the car less than a month. I went from disappointed to outraged when I read that this has been going on for not months but YEARS. Now please, someone offer some advice how to keep from being stuck with this car. My wife swears she will never ride in it again.

Larry, appreciate your comments but understand, we are very different people. I will not accept this.

Hi Tim,

I completely understand how you feel and respect whatever decision you make. I had mine for about a month when the problem began to occur (1500 miles). I decided not to pursue getting rid of the car because I had just waited 3 long months for it. I suppose you can attempt to get them to take the car back, but there's no way they're just gonna replace it free-of-charge. There are rumors that this problem affects 20,000 cars. But try. Perhaps you will be successful. You'll probably need an attorney. And it's going to take time, effort, and maybe even time away from work.

By the way, just something to add to Kirby's comment ... the NYS Lemon Law (and the Lemon Law in some other states also) requires that you give the dealer 4 attempts to fix instead of 3.

Good luck Tim. Keep us posted on what you decide to do and how it works out.

 

[SFCA-325i]

There is another option

which is to contact a mass torts attorney and organize a class action lawsuit. The class would consist of all purchasers of vehicles identified in TIS 24 07 03.

Class action would seek repurchase of all affected vehicles allowing for usage deduction or cash payment for residual diminution (due to publicity arising from steptronic defect).

I suspect that most of the value of the settlement, if any, would be eaten up by attorney fees, but that is a possible option. Nothing gets a company's attention quicker than a class action lawsuit.

 

[Bmw 325i 7803]

Tim, go ahead and file a lawsuit against your dealer alleging they knowingly sold you a car with the Sliptronic Transmission, at this stage NOBODY should be getting new cars with slipping transmissions. Reference the service bulletin dated back in July of 2003, I fully agree with you refusing to accept the SCAM they pulled on you.

Good Luck.


Btw, was this car off the lot? (If it was, then I'd definately sue the dealer.)

 

[Kirby]

You're right, pursuing a class action suit would be an option. They usually take years to come to settlement so he would have to live with the car for quite a while......

 

[Bmw 325i 7803]

You're right, pursuing a class action suit would be an option. They usually take years to come to settlement so he would have to live with the car for quite a while......

Kirby, he doesn't need a class action lawsuit option, all he needs to do is force BMW to buy it back via a lawsuit.

 

[LarryE]

Tim, go ahead and file a lawsuit against your dealer alleging they knowingly sold you a car with the Sliptronic Transmission, at this stage NOBODY should be getting new cars with slipping transmissions. Reference the service bulletin dated back in July of 2003, I fully agree with you refusing to accept the SCAM they pulled on you.

Good Luck.


Btw, was this car off the lot? (If it was, then I'd definately sue the dealer.)

I'd love to see it, but it would never hold up in court. From a legal perspective, how would your attorney prove that the dealer knowingly sold Tim a car with the defect? Even with the TSB published, how would you prove that the dealer KNEW that this was one of the affected cars?

 

[IMPORTERofRECORD]

The facts are readily available

I am glad you and your family were not injured. Briefly: I was almost in the same boat. I caught wind of this safety defect 2 weeks before delivery. I refused delivery and did not lose a dime. Do not be a BMW stooge; protect yourself.

Understand the following facts as you proceed:

BMW acknowledges the defect to exist as early as Sep 2002
Nat'l H'way Trans Admin has opened an investigation www.nhtsa.com
Defective steptronic affects 3 series, X3 and X5
BMW safety bulletins tell dealers “replace the transmissions”
BMWNA deflects questions back to their dealers

I do not understand why anyone on these boards or anywhere would even attempt to defend BMW's business practices in this matter.
ANYONE NOT CALLING FOR AN IMMEDIATE ANNOUNCEMENT FROM BMW ALERTING CUSTOMERS OF THIS DEFECT ARE RISKING FELLOW BMW DRIVERS AND THEIR FAMILIES SAFETY

 

[cdotger]

I guess the point would be that BMW has the obligation to know that one of it's cars are defective and fix it prior to sale and/or notify the buyer.

But honestly I would bet this type of stuff happens all of the time. I would imagine that all car companies have cars on the lot that have a open TSB / recall on them.

 

[LarryE]

I guess the point would be that BMW has the obligation to know that one of it's cars are defective and fix it prior to sale and/or notify the buyer.

But honestly I would bet this type of stuff happens all of the time. I would imagine that all car companies have cars on the lot that have a open TSB / recall on them.

I guess that's the question. How do you substantiate that BMW has the obligation to know that one of it's cars are defective and fix it prior to sale? Is this in the contract anywhere? Is this stated in any state consumer fraud or consumer protection laws? Don't know. I'd bet an attorney trained in the local state consumer laws would.

 

[wileymo]

Dealers are required to complete any open service campaigns before a car is sold but this issue is not a campaign. If the problem has not presented by time of delivery than there is no cause for it to be fixed before delivery.

 

[Bmw 325i 7803]

Larry, I'm beyond sure it would hold up in court. The simple question of why the dealer did not implement the transmission test before approving it for sale says it all. Regardless of how a skilled lawyer would respond to that question, it will prove the dealers negligence. I'm not a lawyer, but it can easily be argued with all the transmission complaints that the dealer acted in bad faith. Remember why the jury convicted Martha Stewart, "A woman who pays so much attention to detail wouldn't have missed that, or forgot about it"-Almost the exact words of one of the jurors. In the same sense a company as technologically advanced and ranked #1 in the world for innovation.... makes it extremely hard to believe they forgot to implement the test into their test procedures before approving the vehicle for delivery.

I say Tim's case would have good standing, and I'd love to see it played out in court. IMHO BMW has earned the privilage of being sued. Come on now.... Sliptronic deliveries in March of 04

 

[cdotger]

But wileymo.... shouldn't BMW be testing these cars before delivery??? I mean I like BMW and all but it is not acceptable that Tim and Lisa here take delivery of a brand new 330Xi in march and still have the sliptronic issue. Should have been tested by VIN before delivered and fixed and/or given the buyer the option to walk.

 

[wileymo]

there is no list of vins that this problem applies to. If the problem is not currently present no repair can be made. If we fixed every possible thing that might fail before it failed we would rebuild every car before delivery.

 

[Bmw 325i 7803]

Wileymo, but the sliptronic transmission issue is well known, and I highly doubt the dealer in question here as formerly our dealers all NEVER bothered to test for the sliptronic transmission. I have never heard of ANY dealer replacing transmissions on unsold cars, first they sell it, then it becomes the customer and service departments problem...