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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 > Is anyone familiar with how the lemon law works?



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      05-31-2007, 06:34 PM   #1
trick50
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Is anyone familiar with how the lemon law works?

Ok so this question is for a friend who does not have a BMW..but I am trying to help him out so he can get one.

My friend leased a 2005 CLK 500 (got it new in 4/2005). In November of 2006 his transmission was slipping very badly. He brought the car in to the dealer and they replaced some valve, reprogramed the computer and sent him on his way.

2 months later: same problem, same fix.

6 weeks after that: Same problem!! The dealer supposedly replaced his transmission (only took them 1.5 days).

Approx. 6 weeks later (this past friday) he was driving on the highway cruising around 80mph the car slipped out of gear..After playing around with the tip-tronic he could not get any gears. He pulled over, restarted the car and still nothing. No reverse, Drive or any gears through the tip-tronic. The car was flat-bedded to the dealer....

Yesterday they called him and told him they put another transmission in the car. He told them that after 4 times in @ 7 months with the damn transmission he wants out of his lease (about 13 months left). The dealer called him back and said that the Mercedes Benz rep. offered to take him out of the lease provided he leases another benz.

He told them he would think about it....But he really wants out of this lease so he can get either an M5 or possibly an M3..

Does anyone know if the lemon law in NYS would apply to him in this case. He really does not want to get another benz, but they are telling him that it is the only way to get out of the lease.
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      05-31-2007, 06:52 PM   #2
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Typically it's within the first year I believe. Three years is way past any lemon law.
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      05-31-2007, 07:33 PM   #3
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Do a search on google and have him call a Lemon Law Attorney. I have gone thru 3 lemon law cases and won all of them.

If you have had 4 repair attempts on the problem is still present for a 5th time, then as long as the first repair attempt is within the warranty period, the he is good.

What they will do is take the mileage of the first repair attempt and there will be a mileage off-set fee from that mileage. I believe the formula is Purchase Price X mileage / 120,000

I am California, so have him check with a Lemon Law Attorney within his state.

Most work on a contingency basis and do not get a penny unless you win your case. Most good attorneys who specialize in Lemon Law cases won't take the case unless they think they will win it. There are specific guideline that need to be met and they will have all of those met before they take the case and talk to the Mfg.

tell your friend goodluck, I know how he feels I have been there 3 times.

FYI, I am sure you all are wondering how could I have 3 lemons and what were they, so to save the question from being asked...

1. Dodge Dakota 4X4 = Stalled when going from reverse to drive

2. 01' Corvette Z06 - Too many issues to list

3. Lexus GX470 - thump in driveline when taking off from a stop.
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      05-31-2007, 07:38 PM   #4
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Quote:
Originally Posted by Railgun View Post
Typically it's within the first year I believe. Three years is way past any lemon law.
Not true, in general the guidelines are....

1. more than 30 days in shop for the first year or 12,000 miles

2. 4 repair attempts of the same issue regardless of mileage or time frame as long as the first repair attempt was within the warranty period.

I had almost 50,000 miles and had it for almost 4 years on my Dodge Dakota when I turned it in.
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      05-31-2007, 09:52 PM   #5
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I sit corrected.
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      05-31-2007, 09:53 PM   #6
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It really sucks that we, BMW owners, would have to deal with lemons.....but anythings possible these days huh
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      06-02-2007, 11:55 AM   #7
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Just wanted to let everyone what the wind up was....My friend was willing to take another benz...he was looking at an e550..with the options he wanted they were going to bang him out $930/mo 33/15k $1100 due at signing.


He was going to do it just to settle...but then got a cal from another dealer who said he could cut him a good deal on an E63.

E63 with AMG Performance Pack ($8,500 option)
Dealer is installing Navigation free of charge
Dealer is tinting windows free of charge.

$1100/month 33/15k
total due at signing

@$1250 (first month and DMV)

I think it is a pretty decent deal on a 95k car that is handbuilt with 507HP.

Although if I had the choice I would be in an M5 over E63. I still think it is one bad ass car.
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      06-02-2007, 04:39 PM   #8
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Here's a link that may help http://www.oag.state.ny.us/consumer/...w_brochure.pdf
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