[Minas335]

Hi everyone I had done this to my 09 335i because of HPFP and my friend is in the same situation but his car is a 08 and he has owned it for about 2 years now and I was wondering can he still do the lemon buy back? Because someone told me that you can only do it the first year is this true?????

Thank you!!!

[57udl3y]

or here this will help

http://lmgtfy.com/?q=California+lemon+law

[Minas335]

Thanks "within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, either"

[dtc100]

Originally Posted by Minas335

Thanks "within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, either"

Doesn't matter if his car is over two years, as long as the first defect (out of 3 or 4 of the same defects) occurred within the 18/18,000 time frame.

[persian54]

Actually, 2 HPFP is all you need as it's defined as a safety issue under CA lemon law

[weissja]

Actually, as long as the car in under the manufacturer's warranty, the California lemon law applies. You are not limited to the first year, 18 months, or 18,000 miles. Essentially, the Cal lemon law comes into play if the manufacturer can't conform the car to the express warranty(ies). The reason you keep hearing 18 months or 18,000 miles is that a certain presumption occurs if the defects occur during this time period, the manufacturer has had a reasonable # of times to repair the car, it can be deemed a lemon.

California Civil Code Section 1793.2(d)(2) provides:

(2) If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle, as that term is defined in paragraph (2) of subdivision (e) of Section 1793.22, to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer hall either promptly replace the new motor vehicle in accordance with subparagraph (A) or promptly make restitution to the buyer in accordance with subparagraph (B). However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle.

California Civil Code Section 1793.22(b)(2) provides that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties and correct a defective vehicle if:

(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 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs:

(1) The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.

(2) 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.

California Civil Code Section 1793.22(d)(9) defines “nonconformity” as follows: “a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.”

In California, before filing a lawsuit against BMW, you must go thru the free BBB Auto Line arbitration program.

Good luck.

[dtc100]

Originally Posted by weissja

Actually, as long as the car in under the manufacturer's warranty, the California lemon law applies. You are not limited to the first year, 18 months, or 18,000 miles. Essentially, the Cal lemon law comes into play if the manufacturer can't conform the car to the express warranty(ies). The reason you keep hearing 18 months or 18,000 miles is that a certain presumption occurs if the defects occur during this time period, the manufacturer has had a reasonable # of times to repair the car, it can be deemed a lemon.

California Civil Code Section 1793.2(d)(2) provides:

(2) If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle, as that term is defined in paragraph (2) of subdivision (e) of Section 1793.22, to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer hall either promptly replace the new motor vehicle in accordance with subparagraph (A) or promptly make restitution to the buyer in accordance with subparagraph (B). However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle.

California Civil Code Section 1793.22(b)(2) provides that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties and correct a defective vehicle if:

(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 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs:

(1) The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity.

(2) 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.

California Civil Code Section 1793.22(d)(9) defines “nonconformity” as follows: “a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.”

In California, before filing a lawsuit against BMW, you must go thru the free BBB Auto Line arbitration program.

Good luck.

Well the 18/18000 clearly applies, though some time ago when I had a buyback (not a BMW) my attorney said as long as the first repair fell in the 18/18000.

It is not true you must use BBB first, the BBB program is not consumer friendly because it is funded by the car manufactures.

[persian54]

the 18/18 just makes it easier

doesn't mean you cant still do it

[dtc100]

Originally Posted by persian54

the 18/18 just makes it easier

doesn't mean you cant still do it

Of course anything is possible, but outside of the 18/18000 there is no legal basis for a Lemon case, the manufacture will likely take it all the way to the court to have it dismissed, or a Lemon Law attorney is unlikely to take your case since he is not paid unless you win the case.

[persian54]

Originally Posted by dtc100

Of course anything is possible, but outside of the 18/18000 there is no legal basis for a Lemon case, the manufacture will likely take it all the way to the court to have it dismissed, or a Lemon Law attorney is unlikely to take your case since he is not paid unless you win the case.

Well, my lawyer said he'd do it if I was over (I was at 17950 though haha)

Doesn't hurt to try.

Depending on the problems though, they may not take it up high

Won't know until you try

[dtc100]

Originally Posted by persian54

Doesn't hurt to try.

Of course not, just make sure the contract stipulates the attorney recovers his fees only from the manufacture, not you.

Then there will be other fees you will have to put up first. Court fees can be costly too.

[persian54]

Originally Posted by dtc100

Of course not, just make sure the contract stipulates the attorney recovers his fees only from the manufacture, not you.

Then there will be other fees you will have to put up first. Court fees can be costly too.

Yup.

Well, I never did say be ignorant :P

Read anything before signing

[weissja]

dtc100

With all due respect, your attorney is wrong. The first repair doesn't have to be within the first 18 months or 18,000 miles. If you read the entire statute, you will see that I'm correct. In fact, my friend recently won a case against GM going thru the BBB Auto Line program wherein his car didn't have the problem for which the car was ordered to be bought back until 60,000 miles, well within GM's 100,000 powertrain coverage.

[jayy178]

2 HPFP qualifies as a lemon law buy back? If this is the case I would think many other 335s would qualify for this. My HPFP went out after 5k miles than at 42k miles with the latest version at -933.

[dtc100]

Originally Posted by weissja

dtc100

With all due respect, your attorney is wrong. The first repair doesn't have to be within the first 18 months or 18,000 miles. If you read the entire statute, you will see that I'm correct. In fact, my friend recently won a case against GM going thru the BBB Auto Line program wherein his car didn't have the problem for which the car was ordered to be bought back until 60,000 miles, well within GM's 100,000 powertrain coverage.

But he did not "win a case" because they did not go to court. The manufacture can buy back anytime they see fit, legally they don't have to. Your friend's case technically was not a lemon case in strict legal term.

There are plenty of examples from different attorneys, some cases go the "lemon way," others may be based on breach of warranty contract.

My case was actually a combination of both, it was a lemon, but also the dealers (it was not a BMW) who serviced my vehicle had at one time refused warranty repair, and in another occasion was clearly lying about the defect. The manufacture bought it back before going to trial.

[dtc100]

Originally Posted by jayy178

2 HPFP qualifies as a lemon law buy back? If this is the case I would think many other 335s would qualify for this. My HPFP went out after 5k miles than at 42k miles with the latest version at -933.

Based on what I have read about the HPFP issues, it would be difficult to prove clear threat to safety, it will be a very weak case with only two repairs. But like others said, ask a lemon attorney, not just an attorney, but a lemon attorney.

BTW, if your pump is finally fixed, then it has been only 1 repair. The law requires "failed number of repairs." I am not a lawyer so don't quote me on this one.

[persian54]

Originally Posted by jayy178

2 HPFP qualifies as a lemon law buy back? If this is the case I would think many other 335s would qualify for this. My HPFP went out after 5k miles than at 42k miles with the latest version at -933.

As you can tell, not many know this (not even you :P)

It doesn't have to be 2 HPFP

but an engine shutting off while driving is considered a safety hazard.

Every time my HPFP went out I called BMW Assist stating that it shut off on me while I was on the freeway (true) and I felt like my life was in danger (half true ) and needed a tow (true)

Also, BMW doesn't like to fuss and they're pretty good at buying back cars.

You're all the way up at 42K+... but it doesn't hurt to ask a lemon law lawyer

Having a HPFP at 5k then another at 42k could work but I'm not a lawyer so don't quote me.
Most lawyers will hear your case and review it for free.
Doesn't hurt to make a phone call

Btw, are you saying you're 933 pump went out?
Or that you're on the 933 pump now?