[e90forme]

After various issues I've had with my car, my BMW has agreed to buy back (repurchase) my vehicle.

However, the offer they have given me seems to be less than I expected. The dealer did the calcuation, and did not factor in other costs such as registration (for the two years I've had my car), and interest I paid on the car.

They are refunding me the purchase price of the car, sales tax, 1st year registration, DMV fees, paint protection, and minus the mileage offset. Also, they calculated the mileage offset using the total price of the vehicle out the door, rather than the purchase price (before tax) of the vehicle. Is this correct?

Is the offer BMW made me negotiable? Thanks.

[BK]

The offer they made you is negotiable. If you have questions about any elements of the offer, ask for clarification or raise your concerns.

[JayKay335i]

Why are you complaining to us? Talk to the dealer.

[seanl]

what were the issues?

[Angry3]

Originally Posted by e90forme

After various issues I've had with my car, my BMW has agreed to buy back (repurchase) my vehicle.

However, the offer they have given me seems to be less than I expected. The dealer did the calcuation, and did not factor in other costs such as registration (for the two years I've had my car), and interest I paid on the car.

They are refunding me the purchase price of the car, sales tax, 1st year registration, DMV fees, paint protection, and minus the mileage offset. Also, they calculated the mileage offset using the total price of the vehicle out the door, rather than the purchase price (before tax) of the vehicle. Is this correct?

Is the offer BMW made me negotiable? Thanks.

Sounds to me like BMW has done as much as any reasonable person in your situation could hope for. You want them to refund your registration fees and interest? Those are costs incurred through your use of the car, just like the mileage deduction. You're free to ask them to pay them, hell you can ask them to pay for your fuel costs if you want, but they will say no, and they should.

Just some perspective for you, and I don't have the benefit of knowing how hard you've had to fight with them. I'm assuming you don't have a lawyer helping you since if you did you would know the answers to your questions here. If BMW has agreed to do a buyback on this car outside of the court system you should be thrilled. Lemon Law cases are always tough to prove and win, and require a lot of time, effort, and in most cases, legal costs. But BMW is not going to "undo" your whole transaction and refund every cent you've spent on this car, nor do they have to.

Also, the mileage offset should be calculated as they did it based on what I know of these cases.

Congrats on the buyback, hope your next car works better for you.

[khaye1]

dude, take the deal...imo you're getting an awesome deal, drove the car for two years and all that was charge was mileage offset.

[sd390r]

yeah what are you CRAZY!!!??? lol

take it RIGHT AWAY no questions asked

[E90RWC]

Run with it!

[e90forme]

Thanks you all for the encouraging remarks. It makes good sense to jump on the deal then. In my case the mileage offset was pretty big since the first occurance was happened quite later on.

[Z22Z]

Originally Posted by Angry3

Just some perspective for you, and I don't have the benefit of knowing how hard you've had to fight with them. I'm assuming you don't have a lawyer helping you since if you did you would know the answers to your questions here. If BMW has agreed to do a buyback on this car outside of the court system you should be thrilled. Lemon Law cases are always tough to prove and win, and require a lot of time, effort, and in most cases, legal costs. But BMW is not going to "undo" your whole transaction and refund every cent you've spent on this car, nor do they have to.

Also, the mileage offset should be calculated as they did it based on what I know of these cases.

Congrats on the buyback, hope your next car works better for you.

actually the car manufacturer ends up paying the legal costs. this is done to keep people from getting discouraged from lemoning a car.

[Callsign_Jester]

Originally Posted by Z22Z

actually the car manufacturer ends up paying the legal costs. this is done to keep people from getting discouraged from lemoning a car.

Unless you lose the case and the defendant attempts to fee-shift as a result? Please correct me if I'm wrong, that would just be my initial thought.

[BK]

Originally Posted by Z22Z

actually the car manufacturer ends up paying the legal costs. this is done to keep people from getting discouraged from lemoning a car.

True where you are in CA, but not every state is like this, unfortunately.

In any case, I agree it sounds like the OP is getting a good deal. But reiterating my earlier advice - yes, it's negotiable, and if you have any questions or concerns about any part of the deal, don't be afraid to speak up and ask.

[3pnt4maro]

take it man...the registration is something your going to incure whether you are in that car or in a Benz..its like gas..gotta have it if you wanna drive it...almost like asking them to pay for your insurance, car washes, etc

[Angry3]

Originally Posted by Callsign_Jester

Unless you lose the case and the defendant attempts to fee-shift as a result? Please correct me if I'm wrong, that would just be my initial thought.

It all depends on your state's LL statute, most don't allow fee shifting unless the claim is found to be completely baseless, but if you lose you're going to be paying your own way. Many states (including NC where I am) allow for fee recovery to a prevailing party. But unless you have a very, very strong claim, good luck finding an attorney to take your case at no expense. Most won't assume that risk, and will require that you sign a fee agreement that requires you to bear your own costs. That pretty much means you're on the hook for paying the lawyer unless you prevail in the case.

Bringing a lemon law action isn't something most folks can do effectively on their own. If you have a problem car and BMW offers to buy it back, take the offer and run, because the road to a buyback almost always gets a lot tougher once attorneys get involved.

[Frustration]

In any case and regardless of state, you will not likely get enough "extra" from them to cover the cost of taking legal action to try and get more...

Your legal fee's alone would very likely make the deal you would get less than what you're being offered and I would not for a second think that BMW don't know exactly what your total recoupe would be in best case.

Then theres the wasted extra time.


Take what they have on the table. It's the least expensive BMW you will have ever owned.

[sd390r]

OP how many miles did your car have and what state are you in

[Bonefish]

Trust me if you got that far WITHOUT doing the lemon law thing...DO IT! I had to do the lemon law to return a car once...and it is a pain to end up with what you have without all that work.

Besides I looked at it this way...I would have been paying to drive a car anyway..so, I basically rented the car...and got out of paying any more for it. No one is going to give you back ALL of your money...you had the car you used the car...there is a cost involved with that..lease, rent or buy..so..consider yourself lucky and move onto the next thing...

[e90forme]

Originally Posted by sd390r

OP how many miles did your car have and what state are you in

I have close to 30k miles on my car, so that is quite big offset.

All,
Thanks for everyone's comments, I decided to take BMW's offer.

[Quisp]

Probably a wise choice. Had it gone the legal route they may not have been so generous about it.
Regarding the legal fees for lemoning a car. in Arizona lemon cases are done on contingency, at least 4 years ago they were. I lost one there and didnt cost me any legal fees.

[Franciebaby]

Almost identical situation here. I am getting no where near the deal you are. They are only offering me market value of the car plus $7000, which puts me around $27,500. I paid $41k out the door. I had to negotiate for the $7000, initial offer was only $5000. I only have 23k miles on my car.
Mine is a 2007 328i, sports, premium and cold weather pkgs. Buying new one at cost.
Run like the wind and be glad...

[dmz]

What? you want BMW to refund your registration fees?
Take the deal and run, my friend.

[1N54E92]

It sounds like a reasonable deal, take it.