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OT: BMW hardtop Conv. w/ MAJOR failure - Updated

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Old 07-31-2008, 12:42 AM
  #61  
Robert Collins - 96 993TT
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Well, as the owner of an M5 and an M3, I am watching this as well. I have been thinking about a new convertible M3 from BMW of Nashville, but it has this same top. Maybe sticking with my 2002 M5 and my 1999 M3 cab is a safer bet. We'll see. Good luck, Bill.
Old 07-31-2008, 10:14 AM
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Slow Guy
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Got the call last evening from the BMW of Nashville Sales Mgr., I'm going to make some (very little) assumptions here but it sounds like they're waiting for BMWNA to work up the offers for us to buy back the car. Don't know if these will be presented to me before the end of the week or first of next week.

The driving factor is BMW (Germany) has determined the replacement top can not be delivered safely by any means other than boat and that would take too long considering they've already had our car for 5 weeks now.

The sales mgr. indicated he was looking into the extended warranty coverage but said if the top is not covered they would refund our money on the warranty or get us into a BMW extended warranty. (From what I've read on the BMW forums NO extended warranty covers these convertible tops!)

If we can't get a ext. warr. covering the conv. top the replacement car will be leased! I will not be left holding the bag on one of these things after this experience!!!

On a humorous note, I received a bright yellow postcard from BMW of Nashville parts dept. saying "URGENT: Parts dept. has received parts special ordered to repair your vehicle.........". I think I'm going to take this into our SA when I go to pick up the next loaner car......
Old 07-31-2008, 10:49 PM
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dlambert
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"If we can't get a ext. warr. covering the conv. top the replacement car will be leased! I will not be left holding the bag on one of these things after this experience!!!"

I think you would still have to pick up the tab. The leases that I am familiar with require you to return the car in good mechanical condition. I think I would skip the folding hard top and go traditional soft top after this experience.
Old 08-01-2008, 12:41 AM
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Reddy Kilowatt
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Originally Posted by dlambert
"If we can't get a ext. warr. covering the conv. top the replacement car will be leased! I will not be left holding the bag on one of these things after this experience!!!"

I think you would still have to pick up the tab. The leases that I am familiar with require you to return the car in good mechanical condition. I think I would skip the folding hard top and go traditional soft top after this experience.
I also don't understand how the lease would help anything.
Old 08-01-2008, 02:12 AM
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Robert Collins - 96 993TT
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I may be wrong, but I think Bill means that the entire top is covered under the "factory warranty", but the "extended warranty" only covers top motors.

Therefore, as long as you lease a car and the lease is under the prescribed factory warranty, your entire top is covered during the factory warrant y period, exactly like his top is now. Therefore, you could walk away from a car with a top that goes KAPUT with 1.000 miles left on the warranty as it is still totally coverered by the factory coverage.

Is that right Bill?
Old 08-01-2008, 12:34 PM
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Slow Guy
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Originally Posted by Robert Collins - 96 993TT
I may be wrong, but I think Bill means that the entire top is covered under the "factory warranty", but the "extended warranty" only covers top motors.

Therefore, as long as you lease a car and the lease is under the prescribed factory warranty, your entire top is covered during the factory warrant y period, exactly like his top is now. Therefore, you could walk away from a car with a top that goes KAPUT with 1.000 miles left on the warranty as it is still totally coverered by the factory coverage.

Is that right Bill?
Exactly right Robert.

My suspicion is, once the market realizes no one, including BMW, will offer an extended warranty covering these hardtop convertibles the resale values will fall through the floor. I don't want to be left holding the keys when that happens. I want to only pay what the CURRENT residual values are and leave BMW (or whomever) to take the risk 3 or 4 years down the road.

Who knows, if BMW doesn't make us an offer we can't refuse my wife may be driving a "slightly used" 997 Cab! Man, she would never let me live that down! Unfortunately it would have to be a tip. Oh well, a 997 in a tip, we could do worse. My neighbors razz me enough about 2 Porsche's and 2 BMW's, they'd really get on me with 3 Porsche's and 1 BMW.

Last edited by Slow Guy; 08-01-2008 at 12:49 PM.
Old 08-01-2008, 11:45 PM
  #67  
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Started searching the interweb for info on Tenn's Lemon Law and pretty much as I suspected our car now falls under the definition of the TN Lemon Law. I'm not a lawyer (but I do intend to consult with one) as I read these documents TN requires the vehicle to be "out of service for 30 or more calendar days" (they've had it since 6/21).

Now I have no desire to actually "activate" the lemon law as that would turn this into a long drawn out adversarial procedure but I do intend to know what my rights would be under the lemon law and what I could expect to recover if it went that way. I did find it interesting that the mfgr. has to refund the buyer's sales taxes on a lemon law buy-back. Of course the state doesn't refund the sales tax back to the mfgr.!

I've been very accommodating with the dealer and BMW up to this point but that was just involving loaner cars. They'll be dealing with a different person when we start talking about the buy-back.

Last edited by Slow Guy; 08-02-2008 at 10:43 AM.
Old 08-02-2008, 01:20 AM
  #68  
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Hope it works out well for you and your wife Bill. An experience like this could sure turn somebody away from a brand forever.
Shades of 996?
Old 08-03-2008, 01:16 PM
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Slow Guy
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Default Lemon Law provisions

Damn this Interweb is a wonderful thing.....

After reading through the "Standards of Tenn Lemon Law" and "Tenn Lemon Law Summary" (available for free, just use your favorite search engine ) this should work out pretty darn well for us due to the low mileage on my wife's car. IF we were under lemon law they would be required to refund our full purchase price plus all taxes, dealer fees, ect., ect. less a reasonable allowance for use.

Reasonable allowance for use cannot exceed one-half of the amount allowed per mile by the IRS for use of a personal vehicle for business use (from 1/1/08 - 6/30/08 that was 50.5 cents). Since her car has about 5,500 mi. it will mean about $1,400 deduction for the use of the car! Since her car was in pristine condition there should be no additional loss beyond the normal wear and tear covered by the 50.5 cents.

Again, I have no desire to go the Lemon Law route but it's nice to know that's in my back pocket.

I did print off the "build your own" sheet for a new 328 Conv. and review it with my wife. Pretty much the only thing we would do differently is add the Sport Pkg. and the Sport wheel with paddle shifters. I do wish she would give more consideration to the Montego Blue Metalic color, I've seen it in person and I really like that color. We'll see.
Old 08-16-2008, 06:00 PM
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Mark Harris
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Bill,

Update please.
Old 09-19-2008, 10:13 AM
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any news Bill?
Old 09-19-2008, 04:50 PM
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Slow Guy
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I'm not going to go into great detail unless the deal falls apart but suffice to say my wife's (hopefully) '09 328 Conv. w/ Sport (and auto unfortunately) and a few other options is on the boat as we speak. Schd. to be at the dock by the 25th and be at the dealer NLT the first week of Oct. We will be leasing this one for 3 yrs. She has been driving her old '07 (w/ a repaired but scratched and dinged but functional top) since about 8/20. I'm glad we weren't keeping the repaired car, top doesn't sit as flush, sometimes the top covers don't close right, the rear defrost doesn't work ect.



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