predguy

Some of you are aware of the recall for certain 2002-2010 5,6, and 7 series models pertaining to the brake booster being contaminated with oil. I have a 2006 525i with the exact same problem that is mentioned in the recall that is not covered under this recall. I have a hard time believing that my problem should not be covered under this recall. The dealer and BMW NA refuse to address the problem. They give me the canned answer that since my car does not fall into the recall notice, they won't repair it. Just as every car that falls under this notice may not have the problem, it is also reasonable to assume that there are some cars that fall outside of the parameters that could be affected as well. And when you consider that my car is a 5 series, it doesn't add up. I say all that to ask what are my possible remedies? I have called NHTSA and filed a complaint. My next call will be to the FTC. If anyone has had a similar experience or could provide some expertise, I would greatly appreciate it. If it matters, I am in Houston. I am getting it fixed anyway, but I am more so working on getting the money back that I am going to have to shell out. Thanks.

hooch999

Just sell it and walk away - you will waste your money on lawyers and loose. There is no way you can win against a major corporation like BMW in the U.S. unless uncle Sam steps in, and he's not going to since it's not life threatening.
Learn your lessons and never buy BMW again, that's what I am gonna do when I get my car back after another week in the shop.
BTW FTC is not going to do anything about your complain other than take a note of it and may be forwarding it to BMW NA. Unfortunately you are not living in a country with strong consumer protection laws, more like wild west.

predguy

I am not looking to sue anybody. My reference to lawyers was to see if anybody could give me some advice on what steps to take to get a resolution. I have seen people post things on here as if they are the foremost authority, so I was hoping somebody could shed a little light for me. If I was to go to court, it would only be small claims(Judge Judy here I come ). I just want them to do the right thing and fix the car. Call me a dreamer, but I am willing to try.

SilberGrauE60

This issue was only for the V-8 cars...

onetime

It's only about $100.00 to file in small claims. If you think your case is strong enough, get all your ducks in a row and go for it. I'm not sure how much it would cost to fix it, but you need to decide whether it's worth the time and effort.

predguy

I am well aware that it was for V-8 cars, thus my original post. My point is that I have a car (in the same series)with the exact same problem as the V-8 but it is not covered because it is not a V-8. The recall was because of a defect, not a normal wear and tear issue. So if I have an anomaly happen and it is covered on some models and not others, it doesn't sit well with me. Like I said in my other post, I am going to pay for it to get fixed sooner then later because I can't have my babies riding around in a car that is unsafe. The next course of action will be more after the fact.

balbs

Just because it is the same series doesn't mean anything. I don't know about the brake booster itself, but the 545\550 use larger calipers than the 525i. BMW can make an argument that the braking system hardware are different.

Michiganmike

This is my opinion and does not constitute legal advice.

BMW made a voluntary recall covering certain 2002 to 2010 models with V8 or V12 engines for a brake problem. BMW was not obligated to make such a recall. Even if you could establish that your car has a similar problem, this does not obligate BMW to extend the recall to your vehicle which was outside the scope of the voluntary recall.

You have already notified the NHTSA. If a sufficient number of owners with similar cars file complaints with the NHTSA, then the NHTSA may open an investigation or BMW may be motivated to expand the recall to avoid an investigation.

Filing with the FTC is unlikely to provide much benefit. In my view, the FTC is likely to defer to the NHTSA on such matters.

If you do not have a warranty claim, your legal recourse appears limited. The burden would be on you to establish a legal claim for which relief should be granted. In my view, the fact that you suspect your car has a similar problem to cars subject to a voluntary recall does not establish this is in fact the same problem or even if it is that BMW has any liability for same.

Your best chance appears to be persuade the dealer or BMW NA to make some customer accommodation. If your attempts to do this have not been successful, your leverage and recourse appear limited.



Good luck.

AchtungE60

I do tax law so consumer law isn't in my realm. However, the best thing you can do is complain. That's really it. If you want to retain an attorney to complain for you then it is still going to cost you. BMWNA has the authority here. Sit down, think about what makes you believe that your specific problem is due to the recall, and execute the reason/s on paper. Then submit it to BMWNA via the appropriate channels. This is really your only option. Even if you were to put some ammunition in your corner via an attorney, this is their only option as well.

If I wasn't being a DIYer in my free time I would have went with a Honda. But I do enjoy taking on the most demanding of tasks as it helps to clear the mind but I've never had any major issues honestly.
Good luck.

Michiganmike

Consider the points at the following link:

Cars outside of warranty

In short, make a nuisance of yourself and hope the powers that be will tire of you and grant some relief to make you go away. This is essentially the advice that AchtungE60 offered.