[conradb]

So I've had my HPFP replaced 3x now, and now there's this big recall going on for it (which would make it 4x replaced). I have a 2007 335i Coupe. I need to find the old paperwork, but I'm almost certain it happened before 18k mi/18mo of ownership. The second time it went into limp mode on me while I was attempting to make a right hand turn in front of traffic (very dangerous).

Do I have a case? Has anyone else gone through the lemon law for their 335i? What happened? Were lawyer fees paid by BMW? Did anyone actually have to take BMW to court, or did they just settle?

If I qualify, I'll see some odd $40k~ payout for this, and I would definitely just turn it around and do a 3 year lease on an M3 coupe with ED.

Thanks!

[Jlomb436]

Not too familiar with this, but it might help to post what state your located, I know that makes a big difference.

[FVM3]

the 07 comes with 120,000 miles /10 years warranty. I dont really know about the law but find a lawyer and ask for info

[conradb]

Originally Posted by Jlomb436

Not too familiar with this, but it might help to post what state your located, I know that makes a big difference.

CA

[andy92782]

For reference, California Lemon Law comes into effect when:

A) The same failure occurs for a fourth time despite repairs
or
B) Over 30-days cumulative in the shop trying to fix said repair
...and the first instance of failure happens within the first 18mos or 18k miles.

Since yours was replaced 3 times and not 4, technically it wouldn't qualify under CA law unless it's been in the shop > 30 days.

[Crimson92]

I wonder how many times i have to post this.

Call bmw at 800 831 1117

say " Customer Relations"
say "Vehicle"
Tell the rep " I am frustrated with all the issues with the car, please buyback the car"

that simple.

[Rustler]

Originally Posted by andy92782

For reference, California Lemon Law comes into effect when:

A) The same failure occurs for a fourth time despite repairs
or
B) Over 30-days cumulative in the shop trying to fix said repair
...and the first instance of failure happens within the first 18mos or 18k miles.

Since yours was replaced 3 times and not 4, technically it wouldn't qualify under CA law unless it's been in the shop > 30 days.

Your fourth repair would come well after time period for the lemon law. Additionally, I don't know that you can wait until another 18 months to serve notice that you are making a lemon law claim. In most states you may have extra time if the final repair takes you past the lemon law statutory period (with the breakdown ocurring within the time limit), but again, even if you did meet the requirements under the number of repairs you haven't given notice after more than a year and a half. That's your car now.

[timmahh]

Originally Posted by conradb

So I've had my HPFP replaced 3x now, and now there's this big recall going on for it (which would make it 4x replaced). I have a 2007 335i Coupe. I need to find the old paperwork, but I'm almost certain it happened before 18k mi/18mo of ownership. The second time it went into limp mode on me while I was attempting to make a right hand turn in front of traffic (very dangerous).

Do I have a case? Has anyone else gone through the lemon law for their 335i? What happened? Were lawyer fees paid by BMW? Did anyone actually have to take BMW to court, or did they just settle?

If I qualify, I'll see some odd $40k~ payout for this, and I would definitely just turn it around and do a 3 year lease on an M3 coupe with ED.

Thanks!

As stated above lemon laws vary by state, you have to have given the dealership a reasonable number of attempts to repair the issue within a reasonable number of days, and it has to be something serious with the car.. i.e. if the headliner peels that's probably not a good enough reason. Note that it needs to be the same issue for each repair attempt, not similiar.. I.e. it was in the shop for 5 days for HPFP, then more for an ECU issue. Two different issues.



My Acura dealer bought my TL back with almost 100,000 miles on it.

[conradb]

Originally Posted by andy92782

For reference, California Lemon Law comes into effect when:

A) The same failure occurs for a fourth time despite repairs
or
B) Over 30-days cumulative in the shop trying to fix said repair
...and the first instance of failure happens within the first 18mos or 18k miles.

Since yours was replaced 3 times and not 4, technically it wouldn't qualify under CA law unless it's been in the shop > 30 days.

Good thing this clause is in the law:

"The "Lemon Law" presumption is a guide, not an absolute rule. A judge or arbitrator can assume that the manufacturer has had a reasonable number of chances to repair the vehicle if all of the conditions are met."

Originally Posted by Crimson92

I wonder how many times i have to post this.

Call bmw at 800 831 1117

say " Customer Relations"
say "Vehicle"
Tell the rep " I am frustrated with all the issues with the car, please buyback the car"

that simple.

I will try that. Thank you!

Originally Posted by timmahh

As stated above lemon laws vary by state, you have to have given the dealership a reasonable number of attempts to repair the issue within a reasonable number of days, and it has to be something serious with the car.. i.e. if the headliner peels that's probably not a good enough reason. Note that it needs to be the same issue for each repair attempt, not similiar.. I.e. it was in the shop for 5 days for HPFP, then more for an ECU issue. Two different issues.



My Acura dealer bought my TL back with almost 100,000 miles on it.

I wrote it out in pretty plain English. I had the HPFP replaced 3x already. If a fuel pump dying on you while driving isn't a serious issue, I'm not really sure what would constitute it, other than the car just blowing up with you inside.

Good to know the company bought it back from you, though. Maybe BMW will be as generous.

[Crimson92]

Originally Posted by andy92782

For reference, California Lemon Law comes into effect when:

A) The same failure occurs for a fourth time despite repairs
or
B) Over 30-days cumulative in the shop trying to fix said repair
...and the first instance of failure happens within the first 18mos or 18k miles.

Since yours was replaced 3 times and not 4, technically it wouldn't qualify under CA law unless it's been in the shop > 30 days.

Wrong 3 for safety related items, 4 for non safety.

Im 99.99% sure engine failure qualifies as a safety item.

[timmahh]

Originally Posted by conradb

I wrote it out in pretty plain English. I had the HPFP replaced 3x already. If a fuel pump dying on you while driving isn't a serious issue, I'm not really sure what would constitute it, other than the car just blowing up with you inside.

Good to know the company bought it back from you, though. Maybe BMW will be as generous.

Well remember... the vehicle will enter low power mode but is still able to be driven ... it's unfortunate that the low power mode gives some drivers the SENSE that they are unsafe, but the vehicle is still fully driveable and safe to operate.


.. or something to that effect.
(Watch the ABC video to see what BMW says)

[conradb]

Originally Posted by timmahh

Well remember... the vehicle will enter low power mode but is still able to be driven ... it's unfortunate that the low power mode gives some drivers the SENSE that they are unsafe, but the vehicle is still fully driveable and safe to operate.


.. or something to that effect.
(Watch the ABC video to see what BMW says)

Ya, we all heard what BMW's PR team said, but that clearly they didn't feel that to be sufficient enough of a response. Otherwise, why file a voluntary recall if you felt so strongly about it being safe?

[Bobble]

I also believe they only give you the value of the car based on use. You do not get the whole 40K back especially in a 3 year old car. I'd seriously call BMW first and try and work out a deal.

[Crimson92]

Originally Posted by timmahh

Well remember... the vehicle will enter low power mode but is still able to be driven ... it's unfortunate that the low power mode gives some drivers the SENSE that they are unsafe, but the vehicle is still fully driveable and safe to operate.


.. or something to that effect.
(Watch the ABC video to see what BMW says)

i cant in all honesty believe that crap when mine failed going 80 in the fast lane on the 405 with people going faster then me.

I came to a crawl, wasnt fun getting off the freeway.

[timmahh]

Originally Posted by conradb

Ya, we all heard what BMW's PR team said, but that clearly they didn't feel that to be sufficient enough of a response. Otherwise, why file a voluntary recall if you felt so strongly about it being safe?

Because a voluntary recall shows they are addressing the general client base's concern, even if they didn't really think it's a major issue. You can't proceed with a class action lawsuit if there is a recall because BMW would tell the court they have a fix, which is further backed by their decision to issue a voluntary recall, and that they need adequate time to apply the fix to the owners of the vehicles.


I'm just giving you possible responses from BMW

Originally Posted by Crimson92

i cant in all honesty believe that crap when mine failed going 80 in the fast lane on the 405 with people going faster then me.

I came to a crawl, wasnt fun getting off the freeway.

But you made it off the freeway accident free, right?


All joking aside that's got to be terrifying - glad you made it off the freeway in one piece!

[jmsent]

Originally Posted by conradb

So I've had my HPFP replaced 3x now, and now there's this big recall going on for it (which would make it 4x replaced). I have a 2007 335i Coupe. I need to find the old paperwork, but I'm almost certain it happened before 18k mi/18mo of ownership. The second time it went into limp mode on me while I was attempting to make a right hand turn in front of traffic (very dangerous).

Do I have a case? Has anyone else gone through the lemon law for their 335i? What happened? Were lawyer fees paid by BMW? Did anyone actually have to take BMW to court, or did they just settle?

If I qualify, I'll see some odd $40k~ payout for this, and I would definitely just turn it around and do a 3 year lease on an M3 coupe with ED.

Thanks!

I'm not sure every car will be included in the recall. If the pump has already been replaced with the latest version, then why would they do it again?

[conradb]

I had the pump replaced like beginning of summer this year. I doubt it's the latest that they're talking about in this recall.

Regardless, I still qualify for the law.

[scrufy]

-This has been covered probably 50 times...

[conradb]

I did search, but I didn't really find anything particular.

[scrufy]

Then maybe try a different term?
I got 10 plus pages of hits with "e90post.com: lemon"

http://www.e90post.com/forums/google...%3A+lemon#1091

just click that... lol youll have to wade through a few "Lemon colored and Lemon pledge" haha but at least its a start for ya.. no time to fix it. Getting off work and gtg.. sry

[michaelthepsycho]

Originally Posted by conradb

I did search, but I didn't really find anything particular.

You most certainly did not. And why bother? You can just Google the California's lemon law. No point in asking a BMW forum for legal advice.

One thing to keep in mind. Don't let BMW do a goodwill buyback. Lemon the vehicle to protect the next buyer from a repurchased vehicle.

[timmahh]

OP- Just read the Song-Beverly Consumer Warranty Act; that will give you the lemon law info you need.