NHTSA Complaint #11020720 — 2010 BMW X5

MAY 10, 2017 WE PURCHASED A 2010 BMW X5 WITH APPROX 70KMILES FROM EAST PROVIDENCE AUTO FOR $16,000. TWO DAYS LATER WE BROUGHT THE VEHICLE BACK BECAUSE THE WINDSHIELD WIPER FLUID LEAKED ONTO THE DRIVER SIDE FLOOR, THE SUNROOF WOULDN'T CLOSE AND A BURNING OIL SMELL WAS COMING FROM THE INSIDE OF THE VEHICLE. AFTER INSPECTING, THE MECHANIC SAID THE HOSE FROM THE WINDSHIELD WIPER TANK WAS NEEDED REPLACEMENT, HE UNJAMMED THE SUNROOF AND ADDED 2 QUARTS OF OIL; HOWEVER, HE COULDN'T FIX ANYTHING. MAY 22 WE RETURNED B/C THE OIL LIGHT WAS ON AND THE BURNING OIL SMELL STILL EXISTED. BUT THE GARAGE WAS LOCKED. THE SALESMAN SAID WE WOULD HAVE TO COME BACK. MAY 24 WE RETURNED AFTER BLUE SMOKE WAS COMING FROM THE EXHAUST. THE MECHANIC SAID THE OWNER WAS IN PORTUGAL FOR TWO WEEKS AND HE COULDN'T WORK ON THE VEHICLE WITHOUT PERMISSION. AFTER RETURNING AND CALLING MANY TIMES OVER THE NEXT MONTH WE MET WITH THE OWNER WHO SAID HIS MECHANIC LEFT, WE WOULD HAVE TO WAIT. JULY 3 WE HAD THE VEHICLE INDEPENDENTLY INSPECTED (SEE ATTACHED REPORT). HE INSPECTED THE ENGINE AND DRAINED THE OIL. HE RECOMMENDED THE ENGINE BE REMOVED FOR FURTHER DIAGNOSIS AND IF NOT RESOLVED THE ENGINE WILL EVENTUALLY NEED TO BE REPLACED. AFTER RETURNING TO EP AUTO THE OWNER SAID THE 30 DAY WARRANTY WAS UP SO WE FILED A COMPLAINT WITH THE RHODE ISLAND DEALERS LICENSE AND REGULATIONS OFFICE (COMPLAINT NUMBER AM-1702213). WE ARE AWAITING A RESPONSE FROM THE HEARING BOARD. THE CASE MANAGER ADVISED THAT IT'S IMPOSSIBLE TO FORCE EP AUTO TO TAKE THE VEHICLE BACK BECAUSE WE HAVE TO PROVE THE ISSUES ARE PRE-EXISTING AND SHE IS ANTICIPATING THE HEARING BOARD WILL NOT RULE IN OUR FAVOR. AT THIS POINT WE ARE EXTREMELY RELUCTANT TO DRIVE THE VEHICLE DUE TO THE SAFETY CONCERNS. I RECENTLY RECEIVED A RECALL NOTICE FROM YOU ALLEGING DEFECTIVE AIRBAGS MADE BY TAKATA. PLEASE FEEL FREE TO CONTACT ME. THANK YOU FOR YOUR HELP.