As most of you know, i've had way more than my fair share of problems wiht the car. Recently, a friend advised me (after the many times that my service consultant joked about it, etc) that I really should lemon this thing and demand a new one.
My queston is, who do I talk to and how do I go about doing this? ALl i really want is a car that works as it should. I've been more than patient with BMW and my service center and pretty obliging all along.
Most states have a Lemon Law to protect consumers. I am sure you can locate your states on the internet. In Georgia, the car has to have had the same problem three times(within the first 24 months or 24,000 miles) with the dealer being unable to correct to your satisfaction. Only one attempt to correct for a steering or braking problem or two such attempts on a serious safety defect is required. You then have to give the manufacturer one shot of correcting the problem. If the problem is still not corrected, the manufacturer must buy back the car.
I have personal experience with the so-called lemon laws. Massachusetts has a Lemon Law as well. Basically, the dealer gets three tries to correct the same problem within the first 15K miles. The vehicle also qualifies if the car is out of service for 30 consecutive days in the first 15K miles.
Here is the big caveat. At least in Massachusetts, if you go through the process the dealer can buy back the vehicle for the price you paid less mileage charges. As I found out with a lemony Lincoln Navigator back in 1999, they almost NEVER give you a new vehicle. The Lincoln Mercury district and headquarters people turned out to be a bunch of uncooperative dolts.
Also, a friend of mine recently went through this same process with an Audi TT coupe (3 clutches in 9.5K miles.) His dealer bought the TT back and he ended up buying BMW 325IX.
Start with the Office or Division of Consumer Affairs for your state. That's usually where the lemon laws are administered.
Good luck.
[This message has been edited by CapeCodM5 (edited 26 April 2001).]
If you want to lemon a car I think it is if you take you car to be fixed 3 times and they cant fix it. That will consider you car a lemon, and I was talking to a MBZ service rep. about it yesterday.
Here is the full text of the California Lemon Law:
Quote:
1793.22. (a) This section shall be known and may be cited as the
Tanner Consumer Protection Act.
(b) It shall be presumed that a reasonable number of attempts have
been made to conform a new motor vehicle to the applicable express
warranties if, within one year from delivery to the buyer or 12,000
miles on the odometer of the vehicle, whichever occurs first, either
(1) the same nonconformity has been subject to repair four or more
times by the manufacturer or its agents and the buyer has at least
once directly notified the manufacturer of the need for the repair of
the nonconformity or (2) the vehicle is out of service by reason of
repair of nonconformities by the manufacturer or its agents for a
cumulative total of more than 30 calendar days since delivery of the
vehicle to the buyer. The 30-day limit shall be extended only if
repairs cannot be performed due to conditions beyond the control of
the manufacturer or its agents. The buyer shall be required to
directly notify the manufacturer pursuant to paragraph (1) only if
the manufacturer has clearly and conspicuously disclosed to the
buyer, with the warranty or the owner's manual, the provisions of
this section and that of subdivision (d) of Section 1793.2, including
the requirement that the buyer must notify the manufacturer directly
pursuant to paragraph (1). This presumption shall be a rebuttable
presumption affecting the burden of proof, and it may be asserted by
the buyer in any civil action, including an action in small claims
court, or other formal or informal proceeding.
(c) If a qualified third-party dispute resolution process exists,
and the buyer receives timely notification in writing of the
availability of that qualified third-party dispute resolution process
with a description of its operation and effect, the presumption in
subdivision (b) may not be asserted by the buyer until after the
buyer has initially resorted to the qualified third-party dispute
resolution process as required in subdivision (d). Notification of
the availability of the qualified third-party dispute resolution
process is not timely if the buyer suffers any prejudice resulting
from any delay in giving the notification. If a qualified
third-party dispute resolution process does not exist, or if the
buyer is dissatisfied with that third-party decision, or if the
manufacturer or its agent neglects to promptly fulfill the terms of
the qualified third-party dispute resolution process decision after
the decision is accepted by the buyer, the buyer may assert the
presumption provided in subdivision (b) in an action to enforce the
buyer's rights under subdivision (d) of Section 1793.2. The findings
and decision of a qualified third-party dispute resolution process
shall be admissible in evidence in the action without further
foundation. Any period of limitation of actions under any federal or
California laws with respect to any person shall be extended for a
period equal to the number of days between the date a complaint is
filed with a third-party dispute resolution process and the date of
its decision or the date before which the manufacturer or its agent
is required by the decision to fulfill its terms if the decision is
accepted by the buyer, whichever occurs later.
(d) A qualified third-party dispute resolution process shall be
one that does all of the following:
(1) Complies with the minimum requirements of the Federal Trade
Commission for informal dispute settlement procedures as set forth in
Part 703 of Title 16 of the Code of Federal Regulations, as those
regulations read on January 1, 1987.
(2) Renders decisions which are binding on the manufacturer if the
buyer elects to accept the decision.
(3) Prescribes a reasonable time, not to exceed 30 days after the
decision is accepted by the buyer, within which the manufacturer or
its agent must fulfill the terms of its decisions.
(4) Provides arbitrators who are assigned to decide disputes with
copies of, and instruction in, the provisions of the Federal Trade
Commission's regulations in Part 703 of Title 16 of the Code of
Federal Regulations as those regulations read on January 1, 1987,
Division 2 (commencing with Section 2101) of the Commercial Code, and
this chapter.
(5) Requires the manufacturer, when the process orders, under the
terms of this chapter, either that the nonconforming motor vehicle be
replaced if the buyer consents to this remedy or that restitution be
made to the buyer, to replace the motor vehicle or make restitution
in accordance with paragraph (2) of subdivision (d) of Section
1793.2.
(6) Provides, at the request of the arbitrator or a majority of
the arbitration panel, for an inspection and written report on the
condition of a nonconforming motor vehicle, at no cost to the buyer,
by an automobile expert who is independent of the manufacturer.
(7) Takes into account, in rendering decisions, all legal and
equitable factors, including, but not limited to, the written
warranty, the rights and remedies conferred in regulations of the
Federal Trade Commission contained in Part 703 of Title 16 of the
Code of Federal Regulations as those regulations read on January 1,
1987, Division 2 (commencing with Section 2101) of the Commercial
Code, this chapter, and any other equitable considerations
appropriate in the circumstances. Nothing in this chapter requires
that, to be certified as a qualified third-party dispute resolution
process pursuant to this section, decisions of the process must
consider or provide remedies in the form of awards of punitive
damages or multiple damages, under subdivision (c) of Section 1794,
or of attorneys' fees under subdivision (d) of Section 1794, or of
consequential damages other than as provided in subdivisions (a) and
(b) of Section 1794, including, but not limited to, reasonable
repair, towing, and rental car costs actually incurred by the buyer.
(8) Requires that no arbitrator deciding a dispute may be a party
to the dispute and that no other person, including an employee,
agent, or dealer for the manufacturer, may be allowed to participate
substantively in the merits of any dispute with the arbitrator unless
the buyer is allowed to participate also. Nothing in this
subdivision prohibits any member of an arbitration board from
deciding a dispute.
(9) Obtains and maintains certification by the Department of
Consumer Affairs pursuant to Chapter 9 (commencing with Section 472)
of Division 1 of the Business and Professions Code.
(e) For the purposes of subdivision (d) of Section 1793.2 and this
section, the following terms have the following meanings:
(1) "Nonconformity" means a nonconformity which substantially
impairs the use, value, or safety of the new motor vehicle to the
buyer or lessee.
(2) "New motor vehicle" means a new motor vehicle which is used or
bought for use primarily for personal, family, or household
purposes. "New motor vehicle" includes the chassis, chassis cab, and
that portion of a motor home devoted to its propulsion, but does not
include any portion designed, used, or maintained primarily for
human habitation, a dealer-owned vehicle and a "demonstrator" or
other motor vehicle sold with a manufacturer's new car warranty but
does not include a motorcycle or a motor vehicle which is not
registered under the Vehicle Code because it is to be operated or
used exclusively off the highways. A "demonstrator" is a vehicle
assigned by a dealer for the purpose of demonstrating qualities and
characteristics common to vehicles of the same or similar model and
type.
(3) "Motor home" means a vehicular unit built on, or permanently
attached to, a self-propelled motor vehicle chassis, chassis cab, or
van, which becomes an integral part of the completed vehicle,
designed for human habitation for recreational or emergency
occupancy.
(f) (1) Except as provided in paragraph (2), no person shall sell,
either at wholesale or retail, lease, or transfer a motor vehicle
transferred by a buyer or lessee to a manufacturer pursuant to
paragraph (2) of subdivision (d) of Section 1793.2 or a similar
statute of any other state, unless the nature of the nonconformity
experienced by the original buyer or lessee is clearly and
conspicuously disclosed to the prospective buyer, lessee, or
transferee, the nonconformity is corrected, and the manufacturer
warrants to the new buyer, lessee, or transferee in writing for a
period of one year that the motor vehicle is free of that
nonconformity.
(2) Except for the requirement that the nature of the
nonconformity be disclosed to the transferee, paragraph (1) does not
apply to the transfer of a motor vehicle to an educational
institution if the purpose of the transfer is to make the motor
vehicle available for use in automotive repair courses.
In may be easier to keep the car if the problems are finally resolved. You may eventually previal but may have to fight like crazy.
I have all the legal resources you would need and can fax you annotations of the below code sections (cases decided that relate to that statute). The key of course is that it was the same defect and that the mfc. was notified.
I think the thing most people miss is that the problem must be significant. In other words, the seat heaters not working is not going to get you qualified for the Lemon Law.
If it covered any defect, mine would have been a lemon long ago. This law is not a free pass for people irritated with their dealer. It is meant to declare unsafe or unusable cars "lemons".
(1) "Nonconformity" means a nonconformity which substantially
impairs the use, value, or safety of the new motor vehicle to the
buyer or lessee.
Well, my service rep has been very helpful in the matter, and so far BMW NA is being cooperative. they are investigating, getting the car history, etc. As of my count, the car has been in for service a total of 37 days in the course of 16,500 miles, none of which were faulted by me. In addition, they have a list of roughly a dozen problems that are somewhat significant.
I guess they might give me a new car? Otherwise, they are forced to igve me the value of what I paid for the car, less 163/12000 % of the value of the car.
If i get cash, i'm going to buy the maserati i wanted all along if i don't, hey, a new m5. hell yes. le mans blue this time,please
either way, i just want a car that works and i'm pretty sick of it. Oh well, i'm still a fan!
Lemoning the car
if i don't, hey, a new m5. hell yes. le mans blue this time,please 
Linear Mode
