Help! BMW dealer screwing me on 325ci problems

[chuey1]

Just purchased a new 325ci convertible in July.

Problem #1

Transmission - When slowing to a stop (automatic) the car jerks downshifting presumably from 2 to 1st. It has gotten progressively more pronounced as it was not noticeable upon purchase.

Originally thought it was a braking problem, and took it in back in November. They said it was fine. (Brakes probably were fine)
However, after coming across this article....see "Carolina in Ft. Lauderdale"

http://www.consumeraffairs.com/autom...bmw_trans.html

...we realized we had the same exact issue and it was the transmission.

So, we took it back. They drove it. Said they would fix it. Then they said it was supposed to work this way (The cheapest car on the market doesnt drive this way!!!)

We insisted it be fixed. The service rep said he would have them look into it.
Well, got a call this afternoon, and the guy had the nerve to tell me that it is normal for 325 Convertibles to drive this way, stating that there is a difference between a Conv and non-Conv. Please..... The drivetrain is the same. The only difference is that the conv. is heavier. The 325 loaner we got doesnt even do it.

At this point, we are sure we can prove the car is an anomally. If so, we are heading down the road to get it declared as a lemon. However, what if they refuse to fix it and state it works fine? We have only taken it in 2 times so far. Texas law states we need to take it in 4 times for the same problem. If they refuse to fix it (under warranty) can we sue?

Part#2
The passenger side window does not roll down inside the door all the way. It sticks up about a 1/2 inch above the frame. The BMW service rep said he would fix it and then came back saying that it is normal for windows on the driver and passenger side to not be the same. My question, what car on the market leaves the factory with a window that sticks out of the door? I think the car was wrecked and fixed in the dealer.

Does anybody have a convertible with windows that came off the lot with the windows not set properly?

Thanks. (Dallas, TX)

[Gerard330ci]

Take it to a different bmw dealer, and get a second opinion.

or the problem, can be very easily taken care of with the threat of a lawsuit.
you won't believe how fast the problem will be solved. Just have a lawyer fax them some law suit papers, and all will be fine.