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Subject: Re: Leaky sunroof
Author: bummer : member since March, 2005 : 3 posts
Posted on: 2007-07-02 10:03:50

I likewise had a 2005 X3 with a persistent leaking roof. Perhaps I'm more patient than others as I didn't lose my cool until the 8th or 9th time. The dealership, and ostensibly BMW NA, were excellent throughout. In the end however, I wound up buying into a 2007 X3 that I just picked up.

You may want to look into your State's Lemon laws to see whether you have a recourse going that route. Most states as I recall require that the 1st manifestation of the problem be within the 1st year. Since my problem developed approximately 2 years after purchase my vehicle did not qualify.

I did contact lemonlaw.com and was advised that there is a Federal law that, in essence, protects the consumer through implied expectation of performance; i.e. that it is reasonable to expect that the roof won't leak. The way the process works is that they in negotiate (rarely do they have to go to court with BMW) a settlement with BMW for the depreciated value as a result of the defect. I was told that this runs from 10 to 30% of the original retail cost--assuming that you have a winning case. You get the check and keep your vehicle (which, is NOT tagged as a lemon) and then do your own thing with the car and cash. Their fees get paid directly by BMW if you win the case and they don't charge you anything if you lose. Of course, you need clear documented evidence to substantiate the failed attempts to repair. Just how many days you are without your own vehicle and how many times you need to have it serviced I'm not certain. I was told I had a strong case.

Armed with this info I decided to lodge a formal complaint with BMW NA and eventually negotiated what amounted to a good trade-in.



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