BMW refused to fix my car

[16M4]

All, just wanted to get your opinion on what to do here. I am hiring a lawyer but thought I'd ask you all if any of you have a similar experience.

I purchased my car in November 2015. Shortly after I purchased it (at 4000 miles, in March 2016), I notice a grinding noise when I shifted into 4th gear and 6th gear. At first, I couldn't duplicate it each time but it got worse by time.

my car had lowering springs, spacers, and other cosmetic parts when they performed the transmission work. In March, when I took the shop foremen Of gebhardt BMW in Boulder Colorado for a drive, he agreed that the transmission wasn't supposed to make this noise so he ordered and replaced the transmission. Then, shortly after this was completed, the noise was back and they decided to replace the flywheel and clutch. However, this didn't fix the issue either. By this time, between the two visits, my car was in the shop for 23 days total (lemon law in Colorado states 30 days). When I made them aware that my car is still making this grinding noise, they decided to bring a "BMW technician engineer" and that's when I was told that the noise is normal. I asked for proof of other m3/4's making this same noise and I was ignored (they lied and said they tried making that arrangement and I was never available, which is a complete B/S and I have emails as proof that I kept asking them for proof and they never responded or they said they were still working on getting an m3/4 for me to drive).

At this time, without my knowledge, they flagged my car and voided my warrant. Not until recently (when I took my car in for a 10k service to a different dealership) that I was made aware of this. I certainly was furious and called bmwna again and asked why. They basically said "oh, we SAW a performance software in your car and that's why we voided your warranty". When I kept asking for proof of said performance part, they kept saying we don't need to prove you anything. But then, they asked me to take my car in so they can scan the DME. So I agreed to bring my car in. When I did that, the BMW engineer didn't even want to talk to me and my service advisor said he didn't think I had anything and he didn't think the engineer found anything. However, bmwna called me the next day and said, "we still stand on the decision of voiding your warranty". The person that called me said, "the engineer told me to tell you that "you know what you did to your car"". In an email, I was also told that ANY modifications would void my warranty...she was referring to my lowering springs modification.

After escalating the issue, because I can't get them to give me proof of said modification, i got connected with a supervisor who's just as clueless. The supervisor said, "we saw tool marks" when I asked what tool marks, he then quickly said oh we scanned your DME and believe you had a modification

Any suggestions on what to do? Any sources you can provide me?

[Mike@N54Tuning.com]

I think this calls for a lawyer to draft a letter to BMW.

Mike

[Fake News 2017]

Some lemon laws also include number of attempts to fix the same issue regardless of days out of service. Sounds like they are voiding your warranty to avoid lemon laws. A decent lemon law lawyer should be able to handle this. DEFINITELY send them a registered letter notifying BMW of the complaint.

[16M4]

In Colorado, I believe it's 4 attempts or 30 days. In either case, they're just not willing to do any work anymore.

[hecho.in.626]

Any mods like Dps, charge pipes, air filters, tunes?

[16M4]

No car was "new" when I discovered the grinding noise. I also highly doubt that a tune/downpipes, etc would cause the grinding noise

[kitesurfer]

If you really didn't flash the ecu or JB4 the thing this does not make much sense. Never Heard of a warranty being voided for springs, I could see them saying we are not going to warrant you struts

[16M4]

I can't seem to attach a picture of the email I got....ill figure out how to post a picture from my phone and post the email

[16M4]

Hopefully the picture shows.

[hecho.in.626]

It doesn't make sense that they are being so vague when voiding your warranty which usually becomes a high $$ issue for the car owner.

Are they not responsible to give you some sort of detailed report or diagnostic that specifically pin points the reason for the grinding noise and what they believe was the cause?

[azn_fcuk]

that's unjustly unfair, good luck with your case and please keep us posted!

[Schwarz]

Did you mention that you knew someone with the same issue that is having it fixed/replaced?

By the looks of it, BMW doesn't want to cover you and is using any minor modification you've done to your vehicle as an excuse. Good thing you lawyered up.

Good luck.

[SakhirM4]

I think that we are not getting the whole story here and everyone is always so reading to jump on BMW.

[kitesurfer]

OP, I feel like there is something you are not disclosing, for them to mention "performance software" was the reason there has got to be more to this?????

[rmizzle101]

I would lawyer up. Good luck & keep us posted please.

[suprf80]

Your answer is in the plain language of their email to you. If the alteration or modification "caused" the malfunction then it is not covered by the warranty. Here, it sounds like they first said there is no malfunction as the sound is normal. Then they say the sound is a malfunction but it does not appear they've demonstrated how any alteration you made "caused" the malfunction. It should be a simple question and answer for them to provide. Ask for that in writing. Good luck.

[16M4]

I asked multiple times for proof and reason why they believe there was a software but I've always been told no. As mentioned, they originally said they "saw" a performance software but yet when I asked for proof the first time they had none and asked me to come in so they could scan the DME.

To this day I've been asking for proof and they can't or don't want to send me anythinf

[16M4]

Each time I ask for proof, I either get told that they don't have to send me proof, look for a lawyer or take them to court

[hecho.in.626]

If you never had a tune or any bolt on mods I would do the same and get lawyers involved.

Also that team lead seems to be very short with you. Not good customer service at all

[DC-T]

Sorry mate. hope you come right.

[M4_GTS]

Originally Posted by SakhirM4

I think that we are not getting the whole story here and everyone is always so reading to jump on BMW.

I agree 100% with you. They don't void warranties just like that.

[SakhirM4]

Originally Posted by hecho.in.626

If you never had a tune or any bolt on mods I would do the same and get lawyers involved.

Also that team lead seems to be very short with you. Not good customer service at all

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