We finally got the car back from the dealer today, and thus far there has been no more problems. We have our fingers crossed.

The repair order goes into much detail about what they checked and what they found, and in the end the dealer was directed to replace the fuse box.

We asked them for a copy of the waiver that they want us to sign in exchange for the $2000, and it's even worse than I expected.

They want us to sign a general release, meaning that we could never bring any sort of legal action against BMW of North America for any reason whatsoever with respect to this car.

So not only would we be precluded from bringing a lemon law action if we have futher problems with the car, for example, if the car stalled in the middle of a highway causing an accident in which we were seriously injured, we would have no recourse against the manufacturer. Furthermore, despite that the dealer's Service manager told us the car would still be covered under warranty, if they could not or did not fix the car under warranty we would not be able to bring a suit to force them to do so. The waiver makes it very clear that we would have no rights whatsoever in the future no matter what other problems we might suffer with the car.

We think for BMW to make such a proposal is simply unconscionable, And to term the $2000 payment a "one time goodwill gesture for prior inconveniences" is an insult. They obviously think we are stupid. I again question the morals of a company that would make such a proposal.

What's even more laughable is that the last paragraph of the waiver would require us to keep confidential the existence and terms of the waiver. It specifically says we would not be able to reveal all the facts leading to the terms or the conditions of the waiver in any communication form including but not limited to word-of-mouth, print, broadcast or Internet. So on top of everything else, they want us to be a party to a cover-up.

 

Wow I hope there is a happy ending to this story. The bottom line is you read the waiver and it says what it says so you know where you stand. I sincerely hope they fixed it. Otherwise if I were you, and the car acted up again, that would be it for me. LEMON all the way.

 

I am not an attorney, but luckily I do very much understand the implications of the form BMW wanted us to sign. What is really concerning is that there are plenty of other owners out there who would probably not understand all these implications. Hopefully our taking the time to relay our experience will help others who might end up in a similar situation to avoid making a big mistake.

 

With what you have experienced in the vehicle breaking down, I would just Lemon Law the car. If you want a new CMS, just tell them that's what you want to make you whole. I'd be wary of the vehicle breaking down in a dangerous situation.

 

Assuming the car has been correctly repaired, it's too risky that we would not prevail in a lemon law hearing as BMW would argue that we are not entitled to relief given that they have now successfully repaired the car. And at least here in NJ you are only allowed to bring on lemon law action per car. So if the judge decided in BMW's favor, we would never be able to bring another lemon law action even if there were additional serious issues with the car in the future.

We do hope the car is now permanently repaired. But if it's not, we will proceed with the lemon law claim as we can't continue to go on like this. And given BMWs willingness to pay us the $2000, we have strong suspicions that they are not convinced the car is permanently repaired.

 

Just to put my 2 cents in, I had a Suzuki sportbike that had a oil leak 3 times in a row. I got sick of my bike being in the shop for weeks at a time so they can just replace a seal and be done with it. After the dealership said they won't fix it anymore without a service charge I called 1800lemonlaw. Those people were fantastic and within a month, Suzuki said they would cover everything and either give me a new bike or a check for whatever the price walking out was.

Moral of the story, if you had that problem 3 times in a row, call 1800lemonlaw and they will take care of you.

(No I'm not a spokes person for the law firm lol)

 

I just hope that your CMS is fixed permanently. If not you know what to do. What BMW wanted you to sign is just like Corporate America. Offer someone a small amount of $$$ and hope that they take it even though it can cost them much more. They just need to do the right thing. I, unfortunately, am dealing with the "Good Neighbor" insurance company and was seriously injured in an auto accident (teenager was 100% at fault) they have been treating my injuries(with permanent disability) as if it was a joke. The only offer they made is laughable it doesn't even cover my medical bills.

 

Well, the good news is the car did not break down again. But we have noticed that none of the 12 V power outlets work anymore. I assume this has something to do with the replacement of the fuse box. So it's back to the dealer again. Hopefully this issue will be easy to diagnose and repair.

 

Please keep us posted.

 

I returned to the dealer this morning, and the fuse for the 12 volt outlets was blown. It took them only 10-15 minutes to make the repair.

Hopefully it is not indicative of continuing problems, and is something that happened when they were replacing the fuse box.

Turns out our friends at BMW monitor this forum, and the service manager told me they read my posts here, and forwarded them to him. BMW is now willing to replace our car at no charge, rather than going through the lemon law process, although we would have to wait for one to be factory ordered as we have a relatively unique set of options.

So that's good to know, but hopefully the problems with this car are fully behind us now.

 

Now if there was only a website I could go to to let people know how bad State Farm is. They just don't want to cooperate is resolving PI cases where their insured is clearly100% at fault. In fact State Farm is my carrier as well and they told me so.

 

Shark- Wow- what a story! I think I am glad that BMW is now doing the right thing for you. Maybe they will proactively address this situation on their own- instead of trying to cover it up.

Are you going with another Mini?

 

I would take them up on their offer.

 

+1, assuming there are no out of pocket costs like tax + registration and all. That can add up to a chunk in some areas.
With a new one you would get a 2013 and I assume you reset the date of your warranty too.

 

+2.

I would take them up on it as well. They might let you keep your current ride while the other is built and shipped?

 

+3.

It's a worst feeling when you loose your trust/confidence in your car especially driving daily - constantly thinking "is my car going to break-down today?". I agree taking the dealer's offer and start new.

 

That is the exact reason why I'd get the new car. Nothing like going on a 500 mile roadtrip wondering if you'll make it to your destination.

 

Wow, you've definitely maintained some great composer through this ordeal!

The waiver was a low blow but when you look at this with two eyes you know that one employees action of creating this letter isn't always the interest of others in the company (ie John Smith from legal thinks the waiver is a spectacular idea yet doesn't bother to push it through leadership).

Glad to hear that the dealership was consistently working with their resources to remedy the vehicle and get it back to you, not necessarily with the fastest turn around but in there eyes the safest. Sometimes it's not easy for a dealership when they're instructed by corporate to replace certain parts that don't always solve the problem; it's like your dad telling you to fight back at school to solve a bully problem when it lands you in a short suspension.

I wish it didn't take BMW to view the thread in order to go out of their way and do the right thing by offering you a replacement BUT in the end this is how it is. Hopefully you end up with a replacement identical to your own minus the mileage you've added.

 

Beastmaster, funny that you mentioned taking taking a 500 mile road trip. That’s exactly what we did for the holiday. We went to visit friends out of state. Perhaps it did cross our minds that we could get stranded somewhere, but we really were convinced that the car was fixed given that the Service Manager drove the car a couple of hundred miles after the fuse box replacement, and we had done the same with no problems (we assume the fuse for the 12 volt outlets was just a simple oversight from when they replaced the fuse box).

But we were wrong. The car broke down for a 4th time.

This time, rather than call Mini Roadside Assistance, we had no choice but to take matters into our own hands. The closest dealer was 2 hours away in the wrong direction, and with it being Thankgiving Day we knew there was no way we would find someone open that could help us. We absolutely had to get home this evening, and we tried to rent a car, but nothing was open. We finally decided that we did not want to end up with our car being towed to a dealer that was hours and hours away from us, and having to go all the way there to pick it up at a later date.

At least this time we were not stuck on the road somewhere. The engine quit right in front of our friend’s house only about a minute or two after we started it.

Even more lucky was that one of their neighbors has a Mercedes, and his car had a factory supplied tool kit that includes fuses and a fuse puller, which happened to be the same style fuses the CM uses.

I assumed it was another blown fuse, and it did not take long for me to find and replace it, and the engine started right up. I had learned from the dealer that the car has two fuse boxes (one is in the engine compartment, and one is in the passenger compartment), and I correctly guessed that the blown fuse was one of the ones under the hood.

Of course we were worried about driving all the way home in the dark in case there were more problems, but we had no choice, and our experience seems to be that we can get several hundred miles between blown fuses. We took all the spare fuses the neighbor had just in case, and thankfully we made it all the way home without another problem.

Obviously we are now done with this car. Of course we have mixed feelings about getting another Mini, so we will be shopping to see what the alternatives are.

In the event we do decide to order another CM, we would definitely get an automatic transmission given all the clutch complaints we have heard. While we did not have trouble with the clutch in this car during the brief period we have had it, from the beginning both of us disliked the clutch action and shifter…far inferior to the R53 we had. We would be very afraid to order another manual CM given all the reports of problems.

 

Sorry to hear of your continued problems with the CMS. Perhaps it is time to move on, but MINI will ask you to sign a confidentiality agreement regarding the buyout which will also include internet media and probably add in social media. They may even ask you to delete this thread.

What about an X1? I'm sure your dealership could swing one for you.

 

Shark715,
It seems like you got a really tart lemon. One of my friends had a similar problem with his Clubman when it first came out and MINI made good on it. They gave him one off the lot which had more options than the one he had. (at no additional cost to him) and he has had no problems since. If you could order a 13, you would be better off. The steptronic on the CM is a blast to drive and is geared properly. We have a CM (non S) okay so it isn't as quick as an S but there are three things I love about it. 1. It can run on 87 with an occasional tank of 91+ 2. it keeps me out of trouble. (speeding) and 3. it requires less maintenance than the S. Prior to your thread, we had contemplated upgrading to an S and ordering a Roadster (non S). Now we are going to keep the CM and will be ordering the Roadster.

Good luck with what you decide.

 

We ended up test driving a Subaru Forester, Audi A3, and the new Ford Escape. Each was interesting, and of course each one (including the proposed replacement 2013 CM) has positives and negatives.

The dealer told us BMW had approved replacing the car. so we ended up deciding to try to order a replacement CM and see what transpires. There's no way they will find a car already built configured as we want it, and we want what we want and are willing to wait for it. Luckily we still have my old Pathfinder, so we don't have to risk driving the current CM wondering when it will blow another fuse.

The dealer GM told us they were ordering the new car last evening, despite that they still need to get a formal signoff from a specific person at BMW, and that we still have not heard all the details they are proposing for replacement of the car. He said BMW will not tell them until they submit a 12 page form, and that it might take up to a week to hear back as this specific person often travels to the different zones around the country.

Of course we are anxious to find out the details of what BMW is going to propose, especially what happens to the 2.9% 72 month financing we have on the current car, including the payments we have made on that loan thus far.

I hope the dealer gets something out of this given that they are not even the dealer we bought the car from...they are merely the dealer that Roadside Assistance towed us to each time the car broke down.

 

Two people PM'ed me asking why we decided to go with a new CM versus the other cars we test drove, especially given our recent experience. So I thought I would answer here:

Forester: positives- we have never met a Subaru owner that did not highly recommend the brand, comfortable compromise of ride quality versus handling, good visibility, comfortable optional leather seats, great deals available now as new completely designed 2014 model is coming soon, dealer has exactly what we want in stock for immediate delivery. Negatives- seems like there's millions of them on the road, 4 speed automatic is ancient, mileage rating not competitive. This was my first choice, but my GF wanted to get another CM if all the details can be worked out.

A3- positives- handling nearly as good as CM, nicest interior by far. Negatives- neither of us were excited by the body styling.

Escape- positives- after driving older Escapes as rental cars many times, we were very impressed how far advanced this is versus the older models, strong acceleration from optional engine, but still good mileage rating, many options not available on other cars. Negatives- handling just not in the same league as CM, price is breathtaking when loaded with options

CM- positives- strong handling and fun to drive, although significantly inferior to our old R53, holds 4 people comfortably despite small size. If we can't come to an agreement on the details of the replacement car BMW is apparently going to offer us, we would need to proceed with our lemon law claim to get out of the car, be released from the loan, and get a refund. Given the history of the car and BMW's failed repair attempts, we would certainly prevail in court, and the process here in New Jersey is relatively easy (we already gave them the required "last chance to repair", which they failed). Sounds like it would be 6 to 8 weeks before everything would be settled, but we could ahead and take delivery on the Forester immediately. Negatives- quirky ergonomics, cannot expect brand to be trouble free, high price with options we want, we dislike the clutch and shifter, and were afraid to order another with a manual trans given the issues so many other owners have reported.

 

BMW may do a straight swap and give you credit for payments made, or refund your payments to date and you start fresh. The person they are waiting for is the MINI Regional Rep who deals with these problems everyday.

Did you order the exact same car?

 

No, different color, different wheels, slightly different options as the 2013 option packages are different versus 2012. The biggest difference price-wise is that we asked for an automatic trans this time. We did not have the clutch trouble on the '12 (we did not have the car for very long), but we are apprehensive about ordering another stick given all the reports of problems. In fact, if BMW refused to let us switch to an automatic we had already decided to buy the Subaru and continue with the lemon law claim in order to get a refund. The MSRP on the car the dealer said they ordered for us is roughly $2000 more than the current car.