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BMW 528i recall

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#1
What is the name of your state (only U.S. law)? Florida
My son bought his first car from a used car dealership, it was everything he wanted and saved for. I asked all the right questions and looked the car over thoroughly , test drove it and everything seemed fine. A couple weeks went by and he was sitting in traffic when white smoke bellowed from the rear and front of the car, he shut it down immediately and called AAA which then towed the car home. Upon examination we found the radiator ruptured and hoses split and expansion tank melted, Valve cover gasket compromised and Knew for sure head gasket was blown! We purchased all the items we needed to fix the car as it was as is. About November we received a recall letter in the mail pertaining to a PCV heater valve defect and the worst case scenario along with it which included everything that went wrong other than catching fire and blowing up! Upon further review we noticed this recall was announced back in 2015 and we bought the car in 2017 so the dealer knew of the pending complication's and sold the car to a minor any way. We reached out to BMW of North America and the local dealership in Sarasota, up front as nice as can be but once we hung up.... Never heard another word from neither one and I have sent countless emails and bombarded with phone calls! There is still no remedy and no one has bothered to call back and check if this minors ( my son) concerns have been addressed! How can the lemon law protect my son and any other first time buyers from unethical, demoralized, reprobates?
 


#2
The lemon law isn't going to help you at all. It only applies to new or demonstrator vehicles.

You also wrote, "...so the dealer knew of the pending complication's...".

That is incorrect. The dealer could have known but then so could you have known had you checked.

Was the vehicle sold with any sort of warranty?
 

quincy

Senior Member
#3
What is the name of your state (only U.S. law)? Florida
My son bought his first car from a used car dealership, it was everything he wanted and saved for. I asked all the right questions and looked the car over thoroughly , test drove it and everything seemed fine. A couple weeks went by and he was sitting in traffic when white smoke bellowed from the rear and front of the car, he shut it down immediately and called AAA which then towed the car home. Upon examination we found the radiator ruptured and hoses split and expansion tank melted, Valve cover gasket compromised and Knew for sure head gasket was blown! We purchased all the items we needed to fix the car as it was as is. About November we received a recall letter in the mail pertaining to a PCV heater valve defect and the worst case scenario along with it which included everything that went wrong other than catching fire and blowing up! Upon further review we noticed this recall was announced back in 2015 and we bought the car in 2017 so the dealer knew of the pending complication's and sold the car to a minor any way. We reached out to BMW of North America and the local dealership in Sarasota, up front as nice as can be but once we hung up.... Never heard another word from neither one and I have sent countless emails and bombarded with phone calls! There is still no remedy and no one has bothered to call back and check if this minors ( my son) concerns have been addressed! How can the lemon law protect my son and any other first time buyers from unethical, demoralized, reprobates?
It is the responsibility of car purchasers to check for any recalls on a vehicle prior to purchase. Used cars are not covered by Florida's lemon laws.
 
Last edited:

Zigner

Senior Member, Non-Attorney
#4
What is the name of your state (only U.S. law)? Florida
My son bought his first car from a used car dealership, it was everything he wanted and saved for. I asked all the right questions and looked the car over thoroughly , test drove it and everything seemed fine. A couple weeks went by and he was sitting in traffic when white smoke bellowed from the rear and front of the car, he shut it down immediately and called AAA which then towed the car home. Upon examination we found the radiator ruptured and hoses split and expansion tank melted, Valve cover gasket compromised and Knew for sure head gasket was blown! We purchased all the items we needed to fix the car as it was as is. About November we received a recall letter in the mail pertaining to a PCV heater valve defect and the worst case scenario along with it which included everything that went wrong other than catching fire and blowing up! Upon further review we noticed this recall was announced back in 2015 and we bought the car in 2017 so the dealer knew of the pending complication's and sold the car to a minor any way. We reached out to BMW of North America and the local dealership in Sarasota, up front as nice as can be but once we hung up.... Never heard another word from neither one and I have sent countless emails and bombarded with phone calls! There is still no remedy and no one has bothered to call back and check if this minors ( my son) concerns have been addressed! How can the lemon law protect my son and any other first time buyers from unethical, demoralized, reprobates?
To start, the car is not a "lemon" under the Florida Lemon Law ( http://www.myfloridalegal.com/lemonlaw and https://www.floridabar.org/public/consumer/tip007/ ).

Second, the recall you are referring to seems to have been announced in November of 2017 (not 2015). A buyer is expected to be an informed consumer. Don't blame this on the dealer. ( https://bmw.oemdtc.com/165/recall-17v-683-positive-crankcase-ventilation-pcv-valve-heater-b11-16-17-2007-2011-bmw )

Lastly, take this up the chain at BMW. If you don't get a resolution there, contact the NHTSA at 888-327-4236 or at http://www.safercar.gov

One other thought...did your son actually buy this, or did you buy it for him?
 
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