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View Full Version : What is the threshold for lemon law?



S85FTW
11-14-2012, 06:57 AM
Hi Guys, I am not too familiar with the threshold for buybacks or lemon laws, but I am starting to think my wife's E90 is beginning to qualify. This is now the 5th or 6th time we have brought the car in for service in the past year. Tomorrow I am going to BMW in hopes of them buying back the car, if not I will have no choice but to buy a Mercedes. We have owned this car since last July and since then we have done the following:

July 2011 - 1st service appointment - car stalled randomly on the highway, appeared to be an exhaust manifold issue, fixed by bmw.
August 2011 - 2nd service appointment - transmission acting hesitant, not selecting appropriate gears quick enough, windshield molding falling off. All fixed by bmw.
November 2012 - 3rd service appointment new brakes rotors and sensors (not relevant since wear and tear)
November 2012 - 4th Service appointment, valve cover gasket leaking and replaced, VVT gasket leaking and replaced. Passenger seat occupancy sensor faulty, replaced. Passenger seat leather liner replaced. Driver cup holder stuck shut, not replaced, trim not covered.
November 2012 - 5th service appointment (tomorrow) engine idling extremely violently, SES light on. Triple blink feature no longer working.

This is 3 times in one month this car has been in the shop, it was not so bad with the intervals when we first bought it, but 3 times in one month is out of hand. Being that this is BMW #6 bought from my immediately family at this specific dealership, am I within my rights to request they buy out the remainder of my loan and purchase a new car? Last time I was there they were trying to buy it back for $4k less than whats owed, I believe I have more than enough ammunition to have them cut their losses and buy it back. As you can see BMW has already lost money by CPO'ing this car when it clearly shouldnt have been sold as one. Any thoughts or advice would be greatly appreciated.

Oh and on a side note, I am prepared to take legal action if they dont buy back the car.

telijah
11-14-2012, 07:52 AM
I also am no expert in lemon laws and such, but I thought it had to be in multiple times for the exact same problem...?

S85FTW
11-14-2012, 08:16 AM
I also am no expert in lemon laws and such, but I thought it had to be in multiple times for the exact same problem...?

No it does not have to be.

wsmeyer
11-14-2012, 08:41 AM
I read everything I could find a few years back getting ready to battle it out with BMW over our X3 that we were ready to drive off a cliff. Out here we have the "California Lemon Law" so you should first find out what law you are covered under and what relief it provides. After I thought I had all my ducks in a row I called BMW - they have a special phone number to call to open the case. That was a Sunday, they called back on Wednesday and said they would buy the car back. Turned out to be the least painful part of owning that vehicle.

Based on my experience, I believe if the car qualifies as a lemon you won't have any problems but if there's some gray area, who knows. Google "BMW trade in assistance" as this is what they may offer you if it's not clearly covered by Lemon Law.

William.

S85FTW
11-14-2012, 08:45 AM
I read everything I could find a few years back getting ready to battle it out with BMW over our X3 that we were ready to drive off a cliff. Out here we have the "California Lemon Law" so you should first find out what law you are covered under and what relief it provides. After I thought I had all my ducks in a row I called BMW - they have a special phone number to call to open the case. That was a Sunday, they called back on Wednesday and said they would buy the car back. Turned out to be the least painful part of owning that vehicle.

Based on my experience, I believe if the car qualifies as a lemon you won't have any problems but if there's some gray area, who knows. Google "BMW trade in assistance" as this is what they may offer you if it's not clearly covered by Lemon Law.

William.

Thanks for the info William, we will see what tomorrow holds. At this point I dont feel comfortable selling it privately.

Newjack
11-14-2012, 09:09 AM
I'm pretty sure Marcus got rid of his e92 via the lemon law. He should have some valuable input.

Sent from my VS910 4G using Tapatalk 2

danewilson77
11-14-2012, 09:20 AM
I'm pretty sure Marcus got rid of his e92 via the lemon law. He should have some valuable input.

Sent from my VS910 4G using Tapatalk 2

He did. Multiple hpfp failures and it was under a recall as well.

Sent from Williamsburg, VA USA

S85FTW
11-14-2012, 09:24 AM
He did. Multiple hpfp failures and it was under a recall as well.

Sent from Williamsburg, VA USA

I looked under CT state lemon law and it explained that if the car has several mishaps that are covered under the manufacturer warranty and they all occur within 2 years or 28k miles then it qualifies. It does not specify that it has to be the same exact problem. Each time we took it in, there were several things wrong, not just one.

Ryans323i
11-14-2012, 10:18 AM
So I guess the car qualifies? Doors she have to have new? Maybe show her a ZHP or an e39 m5? I'd hate to see a Merc next to the m5.

Sent from my DROID RAZR

S85FTW
11-14-2012, 10:23 AM
So I guess the car qualifies? Doors she have to have new? Maybe show her a ZHP or an e39 m5? I'd hate to see a Merc next to the m5.

Sent from my DROID RAZR

Ryan, myself and my wife bought the 328xi CPO with the pure intention of keeping it as the 3rd car (bad weather car until the engine basically explodes) and have her buy her coveted Panamera this time next year. We bought this CPO thinking it would be reliable and last us to well into 200k miles. All these problems have strayed her away from CPO (rightfully so) and into something new. She has now looked at the A5, C300 4Matic and F30 328XI. F30 is the number 1 choice but if BMW wont budge we will have to go Mercedes sadly.

S85FTW
11-16-2012, 06:59 AM
A little update, the car ended up having busted coil packs. It looks like BMW is manning up and buying back the remainder of the car. I had to fight a little bit for it but happy I got this resolved. So if anyone comes across a barrique red E90 328xi in the near future for sale by BMW or auction stay away, it may be this one haha.

Jlastor
11-16-2012, 08:21 AM
VIN # available? lol just in case...

S85FTW
11-16-2012, 09:23 AM
Wbavc935x7kx60568

wsmeyer
11-16-2012, 09:57 AM
I'm glad to hear it worked out with relatively little hassle and looking forward to pics of the replacement!

William.

Ryans323i
11-16-2012, 10:41 AM
You mentioned that you'd go Merc if BMW gave you a hard time about the buy back. Since it went well, are you going to replace with a new BMW?

S85FTW
11-16-2012, 08:11 PM
Yup wife just bought an F30 328xi. Pics will be in the what did you buy today thread and my build thread.