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Old 09-20-2012, 11:28 AM
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What is the cost to do the repair? Having a lawyer write a letter may cost $300 to $500 without any guarantees. How much is your time and aggravation worth? Not trying to offend you or discourgage you from pursuing, just offering my math.
Old 09-20-2012, 12:15 PM
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I'm not familiar with your engine, but the V8s have a vacuum pump for the stuff that needs vacuum (like the brake booster), since the Valvetronic setup pulls essentially no vacuum on the intake manifold. On those engines, I'm assuming the oil-in-the-brake-booster problem would have to be associated with the vacuum pump. Does yours have a vacuum pump? I think your chances are probably slim if it does, and zero if not.

I've been using Bavarian Machine Specialties for the stuff that's beyond my DIY skills. I'd recommend the quality of their work, if you're looking for a dealer alternative. It may not be a whole lot cheaper than the dealer, but they're a lot more pleasant to deal with. On D'Amico, just off Allen Parkway.
Old 09-24-2012, 11:11 AM
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As a student prep'ing for the bar exam. I can tell you this much; if the subject matter falls outside of the recall (which in this instance it does) then it only served as a reminder, then you'll have to go through a normal tort suit. In which case you have to prove all the elements of your claim (duty, breach, causation, and damages).

I can elaborate if you're interested but I can assure you it's a big sleeping pill.

If it was me I would contact bmw legal explain to them my complaint/issue/worry and why they should assist me, if not then I would do is go to the county clerks office and file a complaint/generate an index number, then serve BMW NA (appropriately), then send a follow up letter opening channels of discussion (usually a demand letter), then go to court.

But in reality the "go to court" part is not that simple but the point is to be a small nuisance thorn such that it would be in there best financial interest to just fix your car. Because if you file in a small claim in your area (where ever that may be) they (BMW NA) still have to hire (or send) an attorney out there to represent them which costs them a lot (starting a number larger than a few hundred bucks and easily into the thousands).

PM me if you have any questions because you really can raise hell if you want to, it's just knowing how.
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