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BMW known fault repairs outside warranty

I have a BMW 5 series and the boot opening mechanism failed outside warranty which expired in 2019. The cost was $300. I have had the same problem in an earlier BMW I owned so it is a known or common problem. The boot opens so fast (not electrical) that it nearly takes your head off. It has been repaired for $300. I approached BMW Australia and said it was a known problem but they said the car was out of warranty, no deal. Doesn’t our ACL cover this sort of issue?

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When I searched Google for your issue, it would seem that you are not the only one with this sort of problem.

I would suggest that you WRITE a formal letter/email to BMW Australia citing the ACL minor problem section.

If you are not sure what to write, you can use Choice’s general complaint template as a starting point. You might refer to the fact that this seems to be an all too common issue with BMWs, pointing to your more precise search results.

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The following guide from the Victorian Govt specifically looks at many possibilities except the example you have raised?

One conclusion is that for a minor defect outside of the warranty period there is no protection. Providing it is repairable within a reasonable time? Any minor defect within warranty is covered. Repeat minor failures on the same vehicle within warranty are covered and may be reclassified as major defects.

Hence a BMW boot opener is just a wearing part, that has an assurance under ACL it will last the basic warranty.

Hope I’m wrong.
Everything that’s broken on the Ute post the first 5 years is on the web as to be expected. Ouch!

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As @mark_m says, but

If it is a known fast wearing part, which possibly shouldn’t be the case, you could offer to pay for the part if they provide the labour…you never know they might accept this an outcome if offerred.

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