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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > General E90 Sedan / E91 Wagon / E92 Coupe / E93 Cabrio > BMWNA volunteered to lemon buyback my CPO (not hpfp related)



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      07-20-2011, 10:50 PM   #1
jw95275
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Exclamation BMWNA volunteered to lemon buyback my CPO (not hpfp related)

I have a 2007 335i coupe and it's loud. Sounds like exhaust was modded, but it's not. Brought to the attention of SA on two separate trips while getting other things fixed, and was told it sounds normal. Decided to measure sound level after the latest rejection, and found out it's almost twice as loud (10db difference) as other 335i's, and even louder than M3s both inside and outside the car.

Brought to the attention of BMWNA on customer satisfaction survey, and got 3 calls. First was to tell me a case was opened and get details of my complaint. Second was to ask me what resolution I wanted. Third was to tell me BMWNA has decided to offer to buyback my car.

I think many of you had to ask multiple times or even hire attorneys to get BMWNA to do a buyback, so I'm suspicious of why they offered it so effortlessly. I did have to make 3 visits to get the injector replaced to rid SES lights, but that alone doesn't make my car qualify in California.

The customer relations rep also gave me the other option of sending an engineer to check out my car, but cannot do both, i.e. have the engineer check out the car, and based on what he says decide to lemon it or not. My thinking is if my car qualifies for lemon, I should be able to lemon it whenever I want. I didn't get much detail from the rep other than that the buyback price is set by a formula in the lemon law.

So what do you think is going on here? I love my 335i other than the fact that it's loud. If I lemon it, will likely replace it with another 335i, but basically wasted 9+% on the California use tax. I think I will tell them to send the engineer, and if I am not satisfied, push for the buyback.
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      07-20-2011, 11:17 PM   #2
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Quote:
Originally Posted by jw95275 View Post
I did have to make 3 visits to get the injector replaced to rid SES lights, but that alone doesn't make my car qualify in California.

From my understanding, yes it does.
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      07-20-2011, 11:18 PM   #3
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I believe the California lemon law includes your receiving compensation for the tax -- be sure to check on that before you sign anything.
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      07-20-2011, 11:35 PM   #4
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http://www.dca.ca.gov/acp/pdf_files/englemn.pdf

Quote:
Originally Posted by wren57 View Post
From my understanding, yes it does.
I guess it could fall under the twice or more attempts for problems that could cause serious injuries.

Quote:
Originally Posted by chromisdesigns View Post
I believe the California lemon law includes your receiving compensation for the tax -- be sure to check on that before you sign anything.
Taxes are mentioned, but at the discretion of the arbitrator.

Also, it looks like I have a choice of replacement too. How would that work in my case of CPO purchase? I suppose the replacement would be in similar condition/features/miles as when I took ownership.
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      07-20-2011, 11:49 PM   #5
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Quote:
Originally Posted by jw95275 View Post
So what do you think is going on here? I love my 335i other than the fact that it's loud. If I lemon it, will likely replace it with another 335i, but basically wasted 9+% on the California use tax. I think I will tell them to send the engineer, and if I am not satisfied, push for the buyback.
I think you got it all figured out. In reality, thats how I think of it. If its going to be replaced by the same or similar car, with nearly identical satisfaction, its not worth the headache unless this can discern your car as defective when it comes time to sell. In your case, this will probably be the case if it doesn't become remedied.

If you would like to keep the car, work with BMW and the engineer. They are usually somewhat negotiable when it comes to finding a satisfactory solution.
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      07-21-2011, 04:22 AM   #6
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Quote:
Originally Posted by issabmw View Post

If you would like to keep the car, work with BMW and the engineer. They are usually somewhat negotiable when it comes to finding a satisfactory solution.
imho if you took care of the car and if you're the original owner, you just want it fixed. It's not like they're going to dish out a 2012 670i to replace it.
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      07-21-2011, 08:07 AM   #7
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Look into the lemon law in California it should spell it out. Here in Florida if it gets bought back or replaced you will pay for usage. The formula here is price paid for the car x miles / 120,000. As far as money back they cover anything you paid including finance charges.
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      07-21-2011, 08:13 AM   #8
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Wow I had the exact opposite experience with BMWNA. Purchased my CPO 2007 335xi this past Feb. and within the first 2 1/2 months, my car was in 3 separate times for repairs (1st window regulator replaced, 2nd muffler replaced, 3rd shifter assembly replaced). I escalated to BMWNA stating that I did not expect the rate at which major componants on my vehicle fail to be more than once per month and asked if there is anything they can do like a buyback or some kind of exchange. BMWNA basically said go fuck yourself. They said parts failing is normal and thats the reason they offer the CPO warranty and that it should not be an issue for me because they are covering the repairs. Weird how they are so inconsistent with how they handle customer service.
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      07-21-2011, 08:31 AM   #9
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Quote:
Originally Posted by wren57 View Post
From my understanding, yes it does.
Lemon law only applies to the original owner.
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      07-21-2011, 09:42 AM   #10
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Quote:
Originally Posted by landau88 View Post
Wow I had the exact opposite experience with BMWNA. Purchased my CPO 2007 335xi this past Feb. and within the first 2 1/2 months, my car was in 3 separate times for repairs (1st window regulator replaced, 2nd muffler replaced, 3rd shifter assembly replaced). I escalated to BMWNA stating that I did not expect the rate at which major componants on my vehicle fail to be more than once per month and asked if there is anything they can do like a buyback or some kind of exchange. BMWNA basically said go fuck yourself. They said parts failing is normal and thats the reason they offer the CPO warranty and that it should not be an issue for me because they are covering the repairs. Weird how they are so inconsistent with how they handle customer service.
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      07-21-2011, 10:01 AM   #11
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Quote:
Originally Posted by andrewket View Post
Lemon law only applies to the original owner.
My understanding is that this is correct - no lemon law protection on CPO.
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      07-21-2011, 10:09 AM   #12
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If you break even or make $ on the buyback do it now. If they are offering less & causing you to lose $ (taking tax etc into account) tell them you want X number.
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      07-21-2011, 10:39 AM   #13
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i'd honestly do the buyback then buy an used CPO LCI.
1. i like the LCI look better
2. an 07 is probably out of the factory 4 yr/50k warranty or near the end of it
3. they might offer you more as a buy back than you would get for a trade / private sale otherwise. - more or less capitalizing on the opportunity that doesnt come up often
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      07-21-2011, 11:13 AM   #14
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Quote:
Originally Posted by bigj505 View Post
i'd honestly do the buyback then buy an used CPO LCI.
1. i like the LCI look better
2. an 07 is probably out of the factory 4 yr/50k warranty or near the end of it
3. they might offer you more as a buy back than you would get for a trade / private sale otherwise. - more or less capitalizing on the opportunity that doesnt come up often
I would also do buyback as I posted above, but I have to say that I would not buy another BMW after that.
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      07-21-2011, 11:51 AM   #15
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Quote:
Originally Posted by Never-Enough View Post
If you break even or make $ on the buyback do it now. If they are offering less & causing you to lose $ (taking tax etc into account) tell them you want X number.
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      07-22-2011, 02:12 AM   #16
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Thanks for all the advice. Any idea on what problems I could be having with my car?

Previously I thought it sounded like it had golf tee mod, but could not find evidence of it (both cable and valve pipe methods), and on top of that there is a clicking sound. I only found out about wastegate rattle yesterday on 335i from a front page thread, and sounds similar too. It kinda sounds like wastegate rattle with golf tee mod: a higher range clicking sound, combined with low range rumble.

At this point I'm leaning towards lemon replacement rather than buyback. What should I be asking for in this case? All taxes and fees for sure, though what about the mileage offset. Only 1500 miles to first shop visit, so not a large amount. Will probably lose $200-300 reselling the cosmetic mods that I recently got, if replacement not the same colour. I suppose could also lawyer up to make sure I don't get screwed.

Last edited by jw95275; 07-22-2011 at 02:43 AM.
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      07-22-2011, 02:39 AM   #17
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Quote:
Originally Posted by andrewket View Post
Lemon law only applies to the original owner.
Quote:
Originally Posted by eitingon View Post
My understanding is that this is correct - no lemon law protection on CPO.
The guidelines for California says new or used vehicles, as long as it's still covered under factory warranty. I took ownership, and reported issues while still under factory warranty. Since BMWNA already says/admits my car qualifies, I think I am already way ahead of most people in lemon cases. Definitely going to ask them to confirm it in writing soon.
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      07-22-2011, 08:43 AM   #18
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sell it back to them... its not worth keeping a car that BMW reconginizes has issues.

Get your money back and find something else.
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      07-22-2011, 10:49 AM   #19
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Quote:
Originally Posted by andrewket View Post
Lemon law only applies to the original owner.
Yes, but I didn't see where he said he wasn't the original owner.
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      07-22-2011, 11:14 AM   #20
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Quote:
Originally Posted by wren57 View Post
Yes, but I didn't see where he said he wasn't the original owner.
It's a CPO, so he can't be the original owner. However as someone else mentioned, lemon laws vary greatly from state to state and it might be covered.
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      07-22-2011, 11:32 AM   #21
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Quote:
Originally Posted by 5tony View Post
It's a CPO, so he can't be the original owner. However as someone else mentioned, lemon laws vary greatly from state to state and it might be covered.
You can have your own car CPO'ed a month before the end of the manuf. warranty.

Never done it, but they called me a week before that date last summer.
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      07-22-2011, 11:33 AM   #22
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Quote:
Originally Posted by bamboozle View Post
Look into the lemon law in California it should spell it out. Here in Florida if it gets bought back or replaced you will pay for usage. The formula here is price paid for the car x miles / 120,000. As far as money back they cover anything you paid including finance charges.
I can't make this equation work. It seems to indicate that as mileage approaches 120,000, buyback price goes up, until ultimately hitting the original purchase price (or surpassing it, if mileage is over 120,000).

Maybe you mean (price/120000)*(120000-miles)?
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