NHTSA Complaint #10124033 — 2000 BMW M ROADSTER

IN SEPT. 2003, I PURCHASED A USED CERTIFIED PRE-OWNED 2000 BMW M ROADSTER FROM AN AUTHORIZED BMW DEALER. IN LATE 2003, I NOTICED NOISES COMING FROM THE REAR END OF THE CAR WHICH THE DEALER ATTRIBUTED TO A LOOSE GAS TANK HOLDER, WHICH THEY REPLACED. SOON AFTER, THE NOISE RETURNED. I BROUGHT THE CAR BACK 2 MORE TIMES AND THEY COULD NOT FIND A PROBLEM. AFTER REASEARCHING ONLINE, I FOUND OTHER BMW OWNERS HAVE DISCOVERED THE SUBFRAMES OF THEIR CARS WERE COMING UNWELDED FROM THE BODY. AFTER HAVING MY CAR INSPECTED BY AN INDEPENDENT SOURCE, WE DISCOVERED THAT THIS WAS THE CASE FOR MY CAR AS WELL. THE FLOOR OF THE TRUNK IS SPOT WELDED TO THE REAR SUBFRAME USING A DOZEN SPOT WELDS. OVER TIME MERELY DRIVING THE CAR WITH ITS HIGH TORQUE ENGINE CAUSES THESE TACK WELDS TO BREAK CAUSING GREATER DAMAGE TO THE COMPONENTS UNDER THE CAR (DIFFERENTIAL MOUNTS, SUBFRAME,& FLOOR PAN CRACKS). IN MY CASE, 7 WELDS HAVE BROKEN & 4 MORE ARE FAILING. I HAVE ONLY PUT 6000 MILES ON THE CAR (TOTAL MILEAGE IS 56,000). BACK AT BMW, I SHOWED THEM WHAT I HAD FOUND AND WAS TOLD THAT ALTHOUGH THEY HAD SEEN THIS BEFORE, THEY WOULD NOT REPAIR THE DAMAGE BECAUSE THEY BELIEVE IT IS CAUSED BY AGGRESSIVE DRIVING. NATIONWIDE, I HAVE FOUND NUMEROUS OTHER CASES INVOLVING THIS SAME BUILD DEFECT AND THE RELATED PROBLEMS. IF BMW IS AWARE OF THE PROBLEM AND HAS SEEN IT BEFORE, WOULDN'T THEY CHECK FOR THIS TYPE OF DAMAGE BEFORE THEY GIVE A CAR THEIR CERTIFIED PRE-OWNED SEAL OF APPROVAL? ALSO, WHY WOULD THE ENTIRE SUBFRAME OF A HIGH PERFORMANCE REAR-WHEEL DRIVE, HIGH TORQUE CAR BE ATTACHED TO THE BODY USING SMALL TEMPORARY-LOOKING SPOT WELDS? IN MY CASE, THIS DEFECT HAS CAUSED ANY INJURY OR SAFETY-ISSUES YET, BUT I CAUGHT MY PROBLEM EARLY. AS THE REAR ENDS OF THESE CARS FAIL, THE DRIVERS OF THESE VEHICLES PUT THEMSELVES AND OTHER DRIVERS ON THE ROADS AT RISK. I HAVE SEEN CASES WHERE CAR MANUFACTURERS HAVE ISSUED RECALLS FOR FAR LESS THREATENING PROBLEMS.