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BMW 3-Series (E90 E92) Forum
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If You Have 3 Fuel Pump Falures Can You Lemon Law The Car?
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08-27-2009, 10:16 AM | #2 |
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Lemon laws vary from state to state. In NY, you can find a summary of facts and other helpful information here: http://www.oag.state.ny.us/bureaus/c...factsheet.html
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08-27-2009, 10:34 AM | #3 |
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It differs from state to state as mentioned above.. I have had 3 hpfp failures but cannot lemon the car since the mileage that the first failure occured was well past 18,000 miles!
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08-28-2009, 09:10 AM | #5 |
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08-28-2009, 10:53 AM | #7 |
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Generally, the governing law is where the car is purchased. If you are asking specifically about Florida, the Florida Lemon Law applies to cars purchased new or leased new in the State of Florida. I'm posting as some guy on the Internet, not offering legal advice on which your should make a decision. Get a Lemon Law attorney if you want legal advice and if you're concerned your car may be a lemon. Guaranteed there's tons of them where you are.
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08-28-2009, 05:54 PM | #9 |
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NY Attorney General's office has the guidelines you need. Might also be best to let your SA and BMWUSA know that this is the path you want to pursue.
http://www.oag.state.ny.us/bureaus/c...lemon_law.html |
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08-28-2009, 05:57 PM | #10 |
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I have got Audi to buyback from me before..but I havent pursued it with my 335i...although a definite argument could have been made.
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08-29-2009, 12:57 AM | #11 |
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I don't think lemon law applies. It's just a part with a known high failure rate. That doesn't make the car a lemon. Lemon law applies to cars that can't be fixed after multiple attempts. If you need new tires every 10,000 miles does that make the car a lemon? Anyway didn't they extend the warranty to 120K miles or something like that? Just plan on having it replaced a few times, and enjoy what is otherwise a great car.
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08-29-2009, 08:00 AM | #13 | |
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Maybe he has a case if the car had other issues and the car was purchased, leased or transferred within the earlier of 18,000 miles or two years from the date of original delivery NY Lemon Law. A reasonable chance for a manufacturer or its authorized agent to repair a problem for a new car is considered to be: Four or more attempts to repair and the problem continues to exist; OR The car is out of service by reason of repair of one or more problems for a cumulative total of 30 days or more. |
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10-15-2009, 03:52 PM | #15 |
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fyi guys, NJ LEMON LAW states 2 years or 24k miles for the first occurrence. Fuel pump definitely is considered. I'm on my third fuel pump...wonder if i qualify??
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10-15-2009, 06:23 PM | #16 | |
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My brother had his brakes go bad after 3k miles on his Acura. They replaced a few parts and he was back on the road. 1k miles later they deteriorated again. They replaced the lines and bled them and all was well for another few k. Then again and yes a 4th time. This car was lemonized and so should any BMW where the HPFP fails more 3 times. At least in my state. I would think you do if your first failure was under 24k. I mean that's what it says right? Start the paperwork and get all your work orders and service records organized. |
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10-15-2009, 09:34 PM | #17 | |
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10-17-2009, 04:23 PM | #19 |
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Hey guys, I'm in a similar situation I think. Today in fact, my fuel pump failed again for the 3rd time, and my car only has 14k miles on it so far. It's less than 18 months old as well. I'm starting to consider if lemoning it is an option. Because I'm going at a rate of 1pump/5k miles and thats just ridiculous. Do ya'll think I may have a case for it?
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10-17-2009, 04:50 PM | #20 | |
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10-17-2009, 06:26 PM | #21 |
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http://www.carlemon.com/lemon/CA_law.html
A small part of it but what is relevant to this post: a) This section shall be known and may be cited as the Tanner Consumer Protection Act. (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, either (1) 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 More detailed facts pertaining to this scenario: 3. Does the Lemon Law apply to vehicles that are older than one or two years? Yes. As long as the vehicle is having warranty problems, the Lemon Law potentially can apply no matter hold old the vehicle is. The Lemon Law may also apply to a vehicle even if the original new vehicle warranty has expired so long as the vehicle is still having problems complained about on repair orders during the original warranty period. 4. Does the Lemon Law apply to vehicle that have in excess of 18,000 miles, or 18 months? Yes. As long as the vehicle is having warranty problems, the Lemon Law may apply no matter what the odometer reading is on the vehicle. The only caveat I see in this reading is that it looks like all these repairs are supposed to happen within 18 months so 4 failures within that span to qualify as a lemon. So I think this is where they get me in my interpretation although that conflicts with the above information somewhat. Last edited by Seed; 10-17-2009 at 06:45 PM.. |
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