01-12-2024, 08:29 AM | #1 |
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Lemon Law?
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 |
01-12-2024, 08:38 AM | #2 | |
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01-12-2024, 09:21 AM | #3 |
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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.
Last edited by ccs368; 01-12-2024 at 09:37 AM.. |
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01-12-2024, 09:29 AM | #4 |
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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. |
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01-12-2024, 09:40 AM | #5 |
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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.
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01-12-2024, 09:54 AM | #6 | |
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01-12-2024, 09:55 AM | #7 |
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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.
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01-12-2024, 10:03 AM | #8 |
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What's the issue with the vehicle that's caused you to have to bring in the vehicle 3+ times for the same problem?
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01-12-2024, 10:07 AM | #9 |
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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.
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01-12-2024, 12:50 PM | #10 | |
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01-12-2024, 02:33 PM | #11 |
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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" |
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01-12-2024, 06:51 PM | #12 | |
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01-12-2024, 09:16 PM | #13 | |
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'11 Z4 30i (retired);'11 X3 28i (retired); '15 M235i Stage 1 Dinan (recalled & crushed); '16 M235i Stage 3 Dinan (retired); '15 X3 28i (retired); '14 328i (retired), 2019 X3M40i (retired); Loaded '18 X1 (retired); Loaded '20 X3MC DG, Black/Tan Merino (retired); Loaded '23 X1 Cape York green and Red/Black interior; '23 Audi A4 Allroad Progressiv
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01-12-2024, 09:29 PM | #14 | |
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David B.
Current: 2024 X1m35; 2021 M2c; 2021 i3s REX Previous: '19 X4mSport40i; '05 X3; '03 E46 M3 (2); '02 S54 M-Roadster; '90 E30 M3 EVO (2); '89 E30 M3; '88 M3 (3); '73 2002tii; '68 1600 -- 51 years of BMW ownership |
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01-13-2024, 10:20 AM | #15 | |
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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. |
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01-13-2024, 10:26 AM | #16 | |
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01-14-2024, 07:14 PM | #17 | |
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01-17-2024, 09:02 PM | #18 | |
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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. |
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01-17-2024, 10:48 PM | #19 |
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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. |
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