[richiro]

Hey All,

wanted to know if anyone on here has any experience or information regarding lemon laws?

I know it varies by state, but the general scope of it sounds like the manufacturer has 3 attempts to correct a repair that is "hazardous" to a drivers ability to drive.

Has anyone had any success in this, and if so/ or not, what was the result?

Thanks in advance

[SpaceSilver.X1]

Originally Posted by richiro

Hey All,

wanted to know if anyone on here has any experience or information regarding lemon laws?

I know it varies by state, but the general scope of it sounds like the manufacturer has 3 attempts to correct a repair that is "hazardous" to a drivers ability to drive.

Has anyone had any success in this, and if so/ or not, what was the result?

Thanks in advance

if the issue is driving you nuts and the dealer or BMW can't help, the most effective way is to contact the consumer reporter at your local TV news station. I played the "crying baby gets the candy" card about 20 years ago and got MBUSA to replace my car. They would not have done it if my friend who was a reporter at the TV station didn't start doing reports about what I was going through with that car. In less than a week, it was resolved because they probably hated the publicity?

[ccs368]

My brother did but was many years ago. I believe it was a brand new Civic back sometime in the 2005 time frame purchased in MA. The check engine light kept coming back and believe it was an emissions code. After the 2nd time, the dealer kept the work order open because it was considered an attempt when the repair is closed but after multiple attempts there after and a Honda engineer flying in, the car could not be repaired and dealer purchased back under lemon law with less than 5K miles. I think my brother might have lost several hundred, tax, registration, etc but ended up buying a Mazda3 afterwards. Sorry, no other details.

[Fish Fingers]

We don't have it in the UK, but I've seen plenty of people in the states (on various car forums) successfully lemon a car.

I believe the exact rules are state dependant over there.

[lildumplinx1]

As someone said above, it varies by state. In my state it's 3x in a shop and/or 30days + in the shop for the same hazardous issue or 4x in a shop and/or 30 days + in a shop for a non hazardous issue. I contacted bmw NA after my second time in a shop for my drivetrain error for a buyback and they rejected it. The third time it was in the shop, I reopened the case and they approved my buyback. I never had to "envoke the lemon law" since they took responsibility for it. It took a while, but I successfully got out of a 23 and into a 24.

[tex2670]

Originally Posted by richiro

Hey All,

wanted to know if anyone on here has any experience or information regarding lemon laws?

I know it varies by state, but the general scope of it sounds like the manufacturer has 3 attempts to correct a repair that is "hazardous" to a drivers ability to drive.

Has anyone had any success in this, and if so/ or not, what was the result?

Thanks in advance

Find a local lawyer that specializes in Lemon Law issues in your state. Someone who is reputable should offer an initial consultation for no charge; this will give you the best opportunity to fully understand what is needed to qualify.

[rounderman]

FWIW, I had a Saab ARC from 2003. Dealer tried multiple times to fix it (steering wheel wouldn't lock when turned off among other things) Finally they suggested I call Saab USA and explain mt issue. I did and since they did not want a lemon law on the title, they offered to buy the car back. I asked what they would do if I had financed the car through them and they said they would exchange the car. I asked if I paid off the loan could I get a new car (big Saab fan back in the day). Long story short I got a new car (old was about 4 months old) the only difference was color and back then I used to get extra keys or fobs and they even gave me those. I was insistent but not ranting. Bottom line if you are unhappy with the car contact the BMW USA particularly if the dealer will support you (mine apparently did not fight it) send or have all the service tickets and ask for what you want. worst case you spend some time on the phone and then invoke the lemon law applicable to your state. The threat is real, just stay firm, calm and insistent. Make sure you keep bumping up the ladder to get to someone who can fix the problem.

Good luck

[BMWZ4]

What's the issue with the vehicle that's caused you to have to bring in the vehicle 3+ times for the same problem?

[SpaceSilver.X1]

Originally Posted by tex2670

Find a local lawyer that specializes in Lemon Law issues in your state. Someone who is reputable should offer an initial consultation for no charge; this will give you the best opportunity to fully understand what is needed to qualify.

it was actually my lawyer friend(actually, my father's friend) who told me the fastest way was to get my TV reporter friend involved. he said large companies dislike negative publicity and shaming them on the TV news, even if it was just local TV news. his advice worked for me as I had a legitimate case against MBUSA, but going through legal would have taken much, much longer than 1 week. YMMV, of course.

[tex2670]

Originally Posted by SpaceSilver.X1

it was actually my lawyer friend(actually, my father's friend) who told me the fastest way was to get my TV reporter friend involved. he said large companies dislike negative publicity and shaming them on the TV news, even if it was just local TV news. his advice worked for me as I had a legitimate case against MBUSA, but going through legal would have taken much, much longer than 1 week. YMMV, of course.

I can't disagree with this suggestion, but we don't know OP's issue, and he may want to have a professional confirm that there's a legit LL issue before taking that route.

[richiro]

the two big issues really are the car disconnecting from carplay whenever it feels like, and also the transmission being "stuck" in gear during declines, or even on straight away's after stepping on the gas to make a quick turn before on coming traffic comes.

its been to the dealer service department over 3 times for the same issue now, with a promise that the car is being returned in "working order"

[BarrettDB]

Originally Posted by richiro

Hey All,

wanted to know if anyone on here has any experience or information regarding lemon laws?

I know it varies by state, but the general scope of it sounds like the manufacturer has 3 attempts to correct a repair that is "hazardous" to a drivers ability to drive.

Has anyone had any success in this, and if so/ or not, what was the result?

Thanks in advance

The specifics will vary by State, but in California, things have become pretty standardized. I had a Lincoln Corsair (MY2020) for a work car, and to be completely honest, it was a terrific vehicle. Quick, comfortable, good gas mileage, etc. But, as many cars do, the Corsair was reliant on Ford batteries, which are known to be "less" than good. So, the battery experienced a short, killed all of the electronics, etc. at 18 months and 12,400 miles. Lincoln replaced all of the electronics. On return, car would randomly go into neutral while driving, and all electronics would (separately) randomly quit. The car was in and out of dealerships three times in several months. At that point, I contacted our fleet manager, and asked about implementing the California Lemon Law. He told me to stand by for a few days and someone would be in touch. The very next day, a rep from Lincoln called, spoke to me for a few minutes, and asked for a week to review the multiple RO's opened for the vehicle. About a week later, he called and told me that Lincoln would buy the vehicle back, and to be patient while they pulled the documentation together. A week after that, I was directed to take the vehicle to the dealer who originally delivered it and to see (our) fleet manager. I signed a release form, and was handed a check for %100 percent of what we'd spent on the vehicle (original drive off, every lease payment, etc.). It was totally painless, and my only regret was that the problem existed at all. It was a good vehicle (but not a BMW).

[BMWZ4]

Originally Posted by richiro

the two big issues really are the car disconnecting from carplay whenever it feels like, and also the transmission being "stuck" in gear during declines, or even on straight away's after stepping on the gas to make a quick turn before on coming traffic comes.

its been to the dealer service department over 3 times for the same issue now, with a promise that the car is being returned in "working order"

I don't think you'll get the vehicle "lemonded" for carplay...and the 2nd issue sounds like you're describing the supposed "turbo lag" that is non-existent....if I've interpreted that correctly...if so, doubtful you'll get a lemon solution...at least for the carplay issue...tons of people have that issue

[BarrettDB]

Originally Posted by richiro

the two big issues really are the car disconnecting from carplay whenever it feels like, and also the transmission being "stuck" in gear during declines, or even on straight away's after stepping on the gas to make a quick turn before on coming traffic comes.

its been to the dealer service department over 3 times for the same issue now, with a promise that the car is being returned in "working order"

Those aren't likely "lemon" vehicle issues.

[richiro]

Originally Posted by BMWZ4

I don't think you'll get the vehicle "lemonded" for carplay...and the 2nd issue sounds like you're describing the supposed "turbo lag" that is non-existent....if I've interpreted that correctly...if so, doubtful you'll get a lemon solution...at least for the carplay issue...tons of people have that issue

It definitely doesn't feel like "turbo lag" because it's when I let off the gas.

It feels like the transmission is stuck in gear, when I am on a decline off the accelerator, the car stays in 3rd or 2nd sometimes when it should just be coasting, then it eventually lets off and shifts into a higher gear.
It feels "stuck" and something isn't triggering it to shift into N or a higher gear when coasting downhill.

It does coast when I am on the highway, this almost exclusively happens during local driving.

[BMWZ4]

Originally Posted by richiro

It definitely doesn't feel like "turbo lag" because it's when I let off the gas.

It feels like the transmission is stuck in gear, when I am on a decline off the accelerator, the car stays in 3rd or 2nd sometimes when it should just be coasting, then it eventually lets off and shifts into a higher gear.
It feels "stuck" and something isn't triggering it to shift into N or a higher gear when coasting downhill.

It does coast when I am on the highway, this almost exclusively happens during local driving.

Still not sufficient IMO for lemon. That said find another dealer and ask them to reset the transmission see if that helps

[08-335xi]

Originally Posted by richiro

the two big issues really are the car disconnecting from carplay whenever it feels like, and also the transmission being "stuck" in gear during declines, or even on straight away's after stepping on the gas to make a quick turn before on coming traffic comes.

its been to the dealer service department over 3 times for the same issue now, with a promise that the car is being returned in "working order"

We have experienced both of these issues. The gear holding happened 1-2 times over the last couple of months, but didn’t present any risky situations for us. Unfortunately the CarPlay issue is chronic in our X1. Have you spoken to the sales manager at the dealership you worked with? A good dealership will want you to be satisfied with your vehicle and will want you to consider them for future purchases. If you feel you have done everything you can to work with them and are now finished with the vehicle, be clear with them that the car has not met your expectations. Make sure they know that the service department has not been able to resolve your concerns after multiple attempts. If they don’t offer a reasonable solution, then contact BMW customer service and file a claim and see where that goes. I agree with the other posters that this will most likely not qualify for lemon law in most states, but would expect that BMW or the dealership will try to resolve the situation amicably. It would also help if you have a replacement BMW in mind to try to exchange with as this will have less net financial impact on the dealership. Good luck.

[richiro]

Originally Posted by KosticKen

That is normal, if you do not have your foot on the accelerator it won't change up. because you are indicating you want to slow down by taking your foot off the accelerator. On a diesel and even petrol on a steep enough slope it will inadvertently speed up the engine but will never change up through the gears (extreme case is called dieseling). I had an X3-F25 20d which was terrible at this, part of a regular route was a road junction at the top of the hill . So I was in 3/4 gear starting going down the hill with my foot off the gas, the first time it happened I looked at the RPM because of the engine noise and it was in the red with the engine unable to slow the car down but still in the gear I started the descent with. X3-G01 and X1's are not so bad but the engine management/regeneration still has problems slowing the car down when going downhill with the foot off the gas. So you have to brake to control your speed. OR use the HDC (Hill Descent Control) on the most serious of downhills to automatically keep a very low speed in a low gear and apply the brakes accordingly using ABS.
"Coasting" on the other hand is placing the gears in neutral (N) (and even switching the ignition off - not possible on X1) and just letting it roll under its own momentum and gravity. If in ecomomy mode it might even partially do this for you.....it hints at such in some docs I read somewhere. Not recommended as things like power steering/servo assisted brakes and alternator may not be fully functional for starters and XDrive/DSC/DTC will be inoperative.
Trucks, Coaches and Trains have a device called a retarder https://en.wikipedia.org/wiki/Retard...l_engineering) for exactly this reason to slow the vehicle in a controlled way without having to brake.
Only suggestion I can make is you configure the RHS dial on the instrument display to show RPM not Power and will then know it is time to brake and get your speed and hence RPM down. Changing up with the paddle (if you have them) will not help if the downhill gradient/gravity is defeating the engine.
Another way to see if this is the problem is to set the speed limit to your current speed (not cruise control) at the top of the hill and see if the engine can keep it at that, if not the speed "limit" LED will start flashing to warn you are over the limit and braking is neccessary.

p.s. Reason why retarders are now mandatory on heavy vehicles (and trains) see:https://en.wikipedia.org/wiki/1975_D...ge_coach_crash

I see, but then why does this not also happen on the highway? this mainly happens on local roads, sometimes not even going downhill, if i hit the gas a little too spirited *merging into traffic* it also sometimes gets "stuck" it's normally in 2nd and 3rd I've noticed, mainly 2nd. It feels like the transmission is not talking to the engine about how much torque is needed for that scenario. Something just feels off about it, and everytime I try to capture a video it changes gears finally. I'll have to set up a go pro or something to capture a drive and replicate it.

It does this in both personal and efficient mode.

[SeattleX1]

I haven’t read the thread in detail so apologies if this is repetition.

1. Lemon laws are state dependent regarding rules. It’s generally 30 days plus at the dealer.
2. Many states have an arbitration process that you instigate, at that point you don’t need an attorney
3. Even if you prevail in arbitration, the manufacturer can appeal and start a new trial case. They usually take a year plus after arbitration for the hearing.
4. You will contract an attorney at that point or you don’t stand a chance.
5. Be prepared to be deposed and all sorts from the opposition.
6. Some LL attorneys work on no win no fee, but where they see risk you will be paying.
7. If fees are recovered as part of a win you will still pay taxes on the fees.

There’s more to it than that, but if your case is weak, exercising what looks like consumer rights will cost you even if you have a strong case with evidence of defects that are dangerous etc.