(I apologize if this is the wrong forum... I'm new...)

On May 26th I bought a 2011 328i xDrive Sports Wagon, with roughly 48,000 miles, from a non-BMW dealer. As third owner I couldn't have gotten CPO status, but since the car was originally a dealer demo, I got an extra few months (and 5,000 miles) on the warranty.

I had my favorite indie shop check the car out very thoroughly, and my local dealer took care of almost everything they found, only charging me for one non-covered part.

Not long afterwards, I started noticing that the right front wheel was MUCH dustier than the left, as in SEVERAL TIMES dustier. I got new summer tires (I knew the originals were worn when I bought the car) but the shop checked the brakes and nothing upset them at that time.

As weeks wore on the problem got worse and worse; my right front wheel was SOLID BLACK with dust while my left front wheel was just irritatingly grey. I started asking around, and was basically told I was crazy. (Someone said "as a BMW owner you need to be good friends with your wheel brush.") And everyone insisted that if I really had a sticking brake, I'd notice pulling to one side, which I didn't notice, so I must be nuts. I'd complained about lousy gas mileage from the moment I got the car, and they told me that was normal too.

The problem kept getting worse, until finally I got so concerned that I went to my local dealer. As I recall I tried to make an appointment on Monday, and they said they don't take appointments and are strictly walk-in now. I couldn't walk in until Thursday, and when I did, they told me... the time limit on my warranty had run out two days ago. They expressed a willingness to lift the car and look at my brakes for $150, though they still thought I was crazy.

A week or so later, I got my winter tires put on. (This is why the weather has warmed up!) The same people who put the summer tires on inspected my brakes again, and this time they found that the outer pad on the right front is ground down to almost nothing; they estimated I might have 500 miles before I start hitting metal-to-metal. The inner pad on the right, and both pads on the left, look fine, though both front disks are grooved. I was torn between feeling disgusted and feeling vindicated.


Alarmed, I went back to my local dealer, where they repeated that my warranty had just timed out (though the mileage was under the limit), and offered to charge me $149 to lift the car and see whether I was right, after which it would be "the service manager's discretion" whether to fix things for less than $850. They wouldn't estimate my chances of getting beneficial discretion, though I got a definite "bet on a snowball in a blast furnace first" vibe...

I don't dispute that on the day I first physically walked into my dealer about this I was indeed two days beyond the time limit on the warranty, but the problem very definitely began months ago, and I'd complained to several people, only to be told I was crazy. Obviously, having BMW pay for this is more fun than paying for this myself, but I don't think asking BMW to cover this under warranty is unreasonable. Do I have any recourse?

(Note: I originally posted this on the national BMWCCA site. The time line I describe here is a bit different, because I think I remembered more accurately after posting the original. But the basic situation is unchanged; everyone told me there was nothing wrong, my warranty ran out of time though not out of miles, and I found out there really WAS something wrong and there had been all along.)