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A putative class action lawsuit was filed Monday against the luxury performance vehicle manufacturer BMW of North America LLC. Allegations in the lawsuit focus on the N63B4400 eight-cylinder engine (more commonly known as the N63).
According to plaintiff Scott Crockett, the N63 engine has serious defects including excessive burning of oil and battery consumption. He further alleges that BMW has taken insufficient measures in an attempt to remediate the problem, by attempting to cover it up rather than deal with it directly.
A visit to any online BMW enthusiast community will quickly show what members think of the N63 engine. The same complaints raised by the plaintiff in the class action lawsuit are mentioned there, much to the disappointment of the brand’s performance car enthusiasts. Compared to similar vehicles with other engines, those with the N63 engines appear to continually disappoint.
Apparently BMW is aware of the shortcomings brought forth in the class action lawsuit, as they have allegedly issued service bulletins to BMW service technicians performing warranty-covered maintenance under BMW’s Standard Maintenance Program. One such bulletin regarding the N63 engine states, “However, in a quest to ensure total customer satisfaction, please replace the 12-volt battery on a preventive maintenance basis at every engine oil service … unless the battery was replaced within the last 12 months.”
Another service bulletin allegedly instructs technicians to add double the oil than originally recommended. According to the BMW class action lawsuit, these remedies are simply being used to mask the engine defect, possibly until the 48-month or 50,000-mile warranty has concluded.
In addition to the service bulletins issued for known engine defects, the BMW class action lawsuit maintains that the “N63 Customer Care Package” is another way to gloss over the problems without addressing them directly. This care package offered customers additional inspection and replacement of other engine parts, even beyond the initial warranty. It also reduced the amount of time between services, from the initial 2-year interval to a yearly oil change. The “N63 Customer Loyalty Offer” provided customers with discounts if they were unhappy with their vehicle and wished to replace it. Lastly, the customer care package allowed dealerships to provide those who purchased the vehicle up to $50 in BMW merchandise and/or accessories.
In what some purchasers have dubbed a lemon, vehicles with the N63 engine also apparently suffer from diminished resale value. When resale buyers are looking at reviews on potential purchases, the BMWs with the N63 engine are a hard sell.
Four counts are brought against BMW in the class action lawsuit: violation of the Manguson-Moss Warranty Act, breach of express warranty, breach of implied warranty of merchantability and violation of the Kansas Consumer Protection Act.
The BMW class action lawsuit seeks to certify three Classes: a nationwide Class of tens of thousands, a Magnuson-Moss Class (for the Manguson-Moss act violation in select states) in the thousands, and a Kansas Class of BMW buyers in the hundreds.
As for relief from damages, the BMW class action lawsuit states, “Plaintiff, individually and on behalf of the Magnuson-Moss or Kansas Classes, seeks all damages permitted by law, including compensation for the monetary difference between N63 vehicles as warranted and as sold; compensation for the reduction in resale value; compensation for out-of-pocket repairs and service; towing charges incurred due to N63 vehicle breakdowns; the cost of purchasing, leasing, or renting replacement vehicles, along with all other incidental and consequential damages, statutory attorney fees, and all other relief allowed by law.”
The plaintiff is represented by Eric D. Barton, Tyler W. Hudson and David P. Barclay of Wagstaff & Cartmell LLP.
The BMW N63 Engine Class Action Lawsuit is Crockett v. BMW of North America LLC, Case No. 2:15-cv-09266, in the U.S. District Court for the District of Kansas.
UPDATE: On December 31, 2015, the BMW N63 Engine class action lawsuit was dismissed at the voluntary request of the plaintiff.
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57 thoughts onBMW N63 V-8 Engine Is Defective, Class Action Lawsuit Alleges
I have 2012 550 I leased new and purchased outright at lease end in 2015. BMW dealer knew of these issues and said nothing. One month later car suffered drive train malfunction. BMW performed partial so called N63 Customer Care package. Since the injectors have failed twice and replaced at my expense. Now it’s back in shop BMW has had car for a week “diagnosing” the problem. Today they called to say they will address the oil consumption issue and replace valve stem seals but not the fuel injectors. I’ve raised hell with BMW Corporate and now they’re trying to get BMW to “goodwill” the injectors. I’m to sue BMW, who whats to join me?
Kevin here. I own a 2012 X5 50i N63 engine, my local BMW dealership wants over 19K in repairs. I’ll sue with you.
albionhilo@gmail.com
Yes! We own 2012 650I and have the same story. Engine failure and BMW taking no accountability
veda.wlliams@yahoo.com
Totalrestorations@mail.com
I’ll join u .I’m in Australia
BMW X5 e70 – with n63 engine
I bought a 2012 550i in 2016. I’ve had nothing but problems with this car since I’ve had it. Coolant hose leaks, oil leaks, drivetrain problems, etc. Please let me know if there’s anything I can do about this
I just bought a 2012 bmw 550 i the engine just failed and I haven’t made the first payment. I am devestated and don’t know what to do.
My 2011 750i all wheel drive sedan is drinking a quart and a half per fill up. I hope the class action will replace my engine. My car is just under 100k miles. Also I just recently had a rear main seal repair thinking this would solve the excessive oil burning problem. July 24 2018
wow, a rear seal replacement, I had to repair mine in my 550i at 78k…
my bmw x6 e71 v8 x50i n63 b44 misfiring replaced all the parts ,injectors ,coils plugs,sensors solenoids ,timing chain still playing up the car is a bomb there is no recall in australia
Would u like to be part of one
??
Phone 0416 970430
Ridiculous! This is a matter that can and should be handled by the Federal Government! They know that people are being ripped off and should demand (we should demand) that these cars be fixed or taken back. Period! As far as I’m concerned, this is a Conspiracy and Organized Crime.
Agreed! We will join any lawsuit, this is morally WRONG!
Wonder why this was dismissed. Just bought a 2010 550i GT and have serious buyers remorse after reading all this N63 broohahah
So my timing chain has jumped time and I take it to the dealership hoping that it will be taken care under the N63 customer care package and the SA (not my regular SA) he’s the only SA there because its the weekend. But he tells me Im no longer covered under the N63 customer care package because they looked at my timing chain in 2015 and nothing was wrong with it. So now if there is something wrong with it Im not covered under the package. What do you all think about this ? This doesnt sound correct nor does it make sense. Im waiting for Monday to speak with a service manager.
P.S. The chain was never replaced or anything just checked. Do you lose the power to use this Care Package if they have already check it in the past?
Thanks!
I’m having the same issue. Was yours resolved?
I’m having the same issue. Was yours resolved?
2015 M3 16,000 miles. BMW is refusing to warranty it. Want us to make an insurance claim for $40K
Ditto. I own a certified pre-owned a 2013 550i with 67k miles. It just blew up last week after shifting into N on a busy road, locking out of D, then snapping a connecting rod whilst trying to drive home. I didnt make it home, and was left at a gas station overnight. BMW Encinitas in San Diego want $42,000 to replace the engine! Absolutely not. This is after they now explained the ‘certified pre-owned warranty” doesnt apply as someone somewhere didnt transfer the warranty to me on some paperwork. BMW claim there is nothing no such problems with the N63 engine, must be my imagination. Waiting to hear back from BMW NA but looking for real buy-back or class action suite against BMW NA. Im onboard for class action.
What eventually was the result Matthew?
Any update Matthew