[stevenm2cs]

Originally Posted by murderspice

Still in the denial phase, or maybe grief. Situation fcking sucks.

BOTH

[stevenm2cs]

Originally Posted by jessief29812

Can you ask for proof of the over rev in the report they have?

It has to be subpoenaed from the lawyer to BMW corporate in order for me to get the info is what the guy told me at BMW Monrovia.

[m2ss]

Originally Posted by stevenm2cs

It has to be subpoenaed from the lawyer to BMW corporate in order for me to get the info is what the guy told me at BMW Monrovia.

Why would they request this I wonder?

[David1]

Originally Posted by m2ss

Why would they request this I wonder?

Because BMW owns the data while the car is under warranty. Its the same when an insurance company or law enforcement needs data from the car after a bad crash. They need to get a court order.

[RPM33]

Originally Posted by stevenm2cs

BOTH

Are you still going to make payments on this broken car? This is terrible what you have been going through!!

[NYNick]

Are you the original owner? I haven't seen the answer to this question yet. I suspect you may not be as you still owe $93K on the car. If you're not, this changes everything and severely weakens your replacement argument with the dealership.

BTW, a car with 13K miles on it isn't "brand new."
Brand new to you maybe, but certainly not new.

[JD_M2D2]

Can a local shop with proper equipment not pull the same report the dealer can? If in fact it is an overrev, what's the plan?

[E46M3forRay]

i would not settle only at Monrovia BMW but would have a 2nd or 3rd opinion at another local BMW dealership and a respectable indy shop. I'm sure there are ton of indy shops and there's EAS tuning in SoCal. Get the car towed outta there.

[to_riffic]

ouch. that dealership is where I take mine in for service. So I'm sorry to hear about this ordeal.

[JPMD]

Originally Posted by NYNick

Are you the original owner? I haven't seen the answer to this question yet. I suspect you may not be as you still owe $93K on the car. If you're not, this changes everything and severely weakens your replacement argument with the dealership.

BTW, a car with 13K miles on it isn't "brand new."
Brand new to you maybe, but certainly not new.

Agree however if the OP is the second owner and purchased from a BMW dealer and DME report shows overrev it will also give the timing. If this occurred prior to his ownership then he may have a case against that BMW dealer.

[Jimjamz]

Originally Posted by JPMD

Agree however if the OP is the second owner and purchased from a BMW dealer and DME report shows overrev it will also give the timing. If this occurred prior to his ownership then he may have a case against that BMW dealer.

If that’s what happened and the over-rev occurred during the prior ownership then you’d hope that’s a slam dunk. Bad look on the selling dealership if they don’t honour it. Was that also BMW Monrovia? If so, shocking treatment and one to avoid.

[CSBM5]

Originally Posted by JPMD

Agree however if the OP is the second owner and purchased from a BMW dealer and DME report shows overrev it will also give the timing. If this occurred prior to his ownership then he may have a case against that BMW dealer.

Is there an example someplace showing exactly what the DME report contains (along with specific descriptions)? I can't help but think back to the early E46 M3 days when engines were blowing up, and BMWNA initially blamed owners for the problem including using the E46 DME report as "evidence".

Jim Conforti evaluated the source code of the E46 M3 DME and posted it online on roadfly along with an explanation of what it recorded. It showed a "time" field in total seconds over a trigger rpm level, and it showed a max rpm field. BMWNA implied to owners that the time value showed how much time the engine spent over redline when in fact Jim proved the DME code recorded time spent over 7799 rpms while the redline was 8000. Hence every time someone accelerated to redline and upshifted properly, etc, it was adding to that timer. So owners were shown the max rpm the engine ever touched and the time value and then blamed for ruining their engine with supposed "proof" showing how many seconds they "over revved" the engine.

Fortunately some smart and industrious people like Jim dug into the details. The whole "blame the owners" strategy unraveled rather quickly around that time since just too many engines were blowing up.

[SCP_M2C]

Originally Posted by chris719

How many miles? What oil were you running?

26,500 miles and for oil, what ever the dealership uses… never taken it elsewhere for an oil change since it’s been covered at my dealer.

Long story short, “an injector failed and hydro locked cylinder 1”

[NYNick]

Originally Posted by JPMD

Agree however if the OP is the second owner and purchased from a BMW dealer and DME report shows overrev it will also give the timing. If this occurred prior to his ownership then he may have a case against that BMW dealer.

Agree with this, yet the OP is still silent on this issue. The fact that he has an extended warranty points to a dealership purchase, but not necessarily.

If he purchased this car privately with an existing extended warranty, he's toast IMO. Still, I'd get my hands on that overrev report to see when it happened. Why the dealership is requiring a subpoena is beyond me, unless they sold him the car.

[fourthchirpin]

Get a lawyer and get the over-rev data. if you want to fight to get the warranty.

if not just tow the car back to your house and have another shop do the job for you for less than $45k

[stevenm2cs]

Originally Posted by NYNick

Agree with this, yet the OP is still silent on this issue. The fact that he has an extended warranty points to a dealership purchase, but not necessarily.

If he purchased this car privately with an existing extended warranty, he's toast IMO. Still, I'd get my hands on that overrev report to see when it happened. Why the dealership is requiring a subpoena is beyond me, unless they sold him the car.

I purchased the car from a high end dealership in newport beach with the extended warranty on it. im the 2nd owner bought it with 4,500 miles.
Im trying to get that info yes but have to get a lawyer is what they are telling me.

[NYNick]

Originally Posted by stevenm2cs

I purchased the car from a high end dealership in newport beach with the extended warranty on it. im the 2nd owner bought it with 4,500 miles.
Im trying to get that info yes but have to get a lawyer is what they are telling me.

Might be cheaper to find an independent shop that can run the report for you. If it's on your miles, you're pretty much toast. If it happened before you bought it, the dealership has some 'splainin' to do.

[DadVibes]

Originally Posted by NYNick

Might be cheaper to find an independent shop that can run the report for you. If it's on your miles, you're pretty much toast. If it happened before you bought it, the dealership has some 'splainin' to do.

^ This.

Refusing to give you the details on the over rev is making me think they're hiding something. Otherwise, there's no reason for them not to disclose that information to you.

Personally, I'd get the car out of their possession immediately. Then have the DME scanned by a reputable independent shop. Hell, you could even mail the DME to a reputable shop out of state, if you don't have one nearby. If the data shows that the over rev happened before you took ownership, that's when I'd lawyer up and let your lawyer wipe the floor with the dealership.

[murderspice]

If you are positive you didnt money shift, try reaching out to bmw na. Dealers get nervous when corporate headquarters is calling.

[ESB]

Is a new S55 really 40-45k???

[M3R1]

Originally Posted by ESB

Is a new S55 really 40-45k???

It can't be. If so, go with a built one from Carbahn for less.

https://carbahn.com/product/cb155-60...83-m4-f87-m2c/

If that is too much, just get a complete engine from a totaled M2c, do the crank hub, then drop it in. Then tune it!

[ThreeStripes]

Originally Posted by ESB

Is a new S55 really 40-45k???

At full MSRP and with dealer labor cost/hours? Yes, yes it is.

Obviously that’s not the only route forward but this price quote from the dealer shouldn’t be surprising.