NHTSA complaint #11435534

Owner complaint summary

On August 31, 2020, I purchased a new 2020 BMW X3E, manufactured and warranted by BMW, from Habberstad BMW, located at 945 East Jericho Turnpike, Huntington Station, New York 11746. On or about October 14, 2020, I was notified by a BMW Safety Recall regarding a defective battery in my hybrid vehicle. I later learned that on or about September 2, 2020, BMW submitted a Part 573 Safety Recall Report to the NHTSA, that on August 11, 2020, BMW decided to conduct a voluntary safety recall, and that per the Safety Recall in August 2020, BMW dealerships were expressly told NOT to sell any new motor vehicles that were subject to this recall. Thus, when I purchased my new vehicle, BMW and the dealership knew about the safety recall and they still sold me the vehicle. The value of the vehicle has cratered since the Safety Recall was announced and I made payments for the vehicle and maintained insurance on the vehicle for many months while the safety defect was being addressed by BMW. I attempted to resolve these issues with BMWNA for a sum on money and for BMW to take back the defective vehicle, but no agreement was reached. Finally, I recently filed a lawsuit against BMW of North America, LLC and Habberstad Motorsport, Inc. under the New York State Lemon Law, for unlawful and deceptive trade practice, and for fraudulent inducement. All relevant documents, including the Summons and Complaint from the lawsuit are attached to this Vehicle Complaint Form. I would be happy to provide additional documentation or answer additional questions on this matter.