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Who's liable for my BMW's faulty timing chain?

I purchased a used (2009) BMW 3 Series Touring 320D 10 months ago from a Lexus dealer. At purchase it had only 16,000 miles on the clock and a full BMW history. I received a 12 month warranty, although now this appears to be limited by total limits and hourly rates that don't seem appropriate.

I serviced the vehicle through a BMW dealer at 19,000 miles. No issues were reported. Now, at 22,000 miles, a noise has started and the BMW garage has said that they have noticed a scraping noise on the chain tensioner which will become a major problem at some point in future.

The warranty company doesn't want to admit liability. BMW also refuse to accept any blame, saying this is down to the previous owner running the car with low oil. I stand to lose thousands. What should I do?

Asked on 25 October 2016 by Adam

Answered by Honest John
Common problem with the N47 engine in the E90/91. Had it happened within six months of purchase the selling dealer would have been automatically liable. As it is you would have to prove that the problem was present or developing on the date of sale and I don't think you can.

The warranty insurer will exclude "wear and tear" and would exclude replacements unless there was a mechanical breakdown anyway. Best to get the tensioner replaced before it fails and the timing chain jumps or breaks because then you'd be in for a really big bill. See: www.honestjohn.co.uk/carbycar/bmw/3-series-e90-200...d
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