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      12-04-2018, 08:22 PM   #23
ezmaass
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Drives: '17 650xi GC / '15 Audi R8 V10
Join Date: Oct 2008
Location: CT

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I've had a 2014 550xi (for 3 years) and then bought my current 2017 650xi GC (going on 2 years soon). No issues with either one - granted I haven't put a lot of mileage on either, and I'm not all that hard on the car.

But back to the warranty and BMW, being put in a loaner or long-term rental is NOT acceptable in my book. There needs to be some kind of backstop after a situation like this goes past 30 days. You bought a BMW 650 and you're driving what, exactly, for the past 7.5 months? You're not getting USE of what you purchased. So, do you really own a 650? On paper - but you aren't getting to USE it. In that case, I have a mansion I'd like to sell you - only catch is, you're not allowed to live there!

Scenarios like that are usually cause for legal action - that is, unless you're happy to pay for a BMW 650 and drive a loaner or rental car instead. What if BMW indefinitely postpones making more N63 engines? Your car is depreciating, costing you MONEY, while you can't even drive it.

BMW's choice to go about slow production of the N63, or even to discontinue making them at ALL, is not the problem here. BMW has no obligation to you. The WARRANTY you purchased, however, has an obligation to repair your car. They're the ones essentially on the hook - and while I'm not an expert on extended car warranties, I'm sure they must contemplate unavailability of parts and what they need to do to "make it right" in that case (which they likely won't want to do if it's an expensive alternative).

Contact a lawyer immediately if you haven't done so already. You can also contact your state consumer protection agency or the FTC for some guidance. There are laws (such as the Magnuson-Moss Act of 1975) that protect consumers against poorly written, executed, or deceptive warranties, as well. Part of that act, as an example, makes it illegal for a warranty to essentially be useless. So, if the warranty's response is "we can't help you because the part isn't available," that would arguably fall under deceptive practices - as the act includes inability to make good on the warranty part of the definition of deceptive practice.

Therefore, in order NOT to be considered deceptive, the warranty company would need an alternative course of action (backstop) that contemplated the unavailability of parts and essentially made you "whole" in a similar fashion. If they didn't, I could sell warranties all day long for Packards, only to deny every claim because... well, the parts aren't available. The FTC considers that deceptive practice - it's illegal.

So, I go back to this simple advice - seek out a lawyer and go after the warranty company. BMW may be trying to do the right thing for customers, but quite honestly, I don't think they have any real obligation. At some point, parts become unavailable, and as far as I'm aware, they're not obligated to any specific timeline to produce them, or even to produce them at all. Your warranty company is the only one with an obligation to you - you've paid them to ensure your car would be repaired if ever broken, and they're failing to deliver on that promise.
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2017 BMW 650xi Gran Coupe | MSport | Exec Package | Driver Assist Plus | ACC Stop & Go | Adaptive Drive | B&O | Night Vision | Cold Weather | Active Seats
2015 Audi R8 V10 | Brilliant Red on Black | S-Tronic | Carbon Sideblades | Carbon Trim | Full Leather | Sport Exhaust | Illuminated Doorsills | I-Pod | Contrast Stitching
Previous: '14 550xi, '07 335i, '01 325i
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