[SRT14PimPin07]

Hey guys, i took my car into the dealer thinking i had a bad HPFP....
Turns out that wasn't it....
My car has been at the dealer for 24 days now and i was wondering is it an automatic lemon if it hits 30?

[TheStigsTwin]

24days? Seriously? Wow, that's insane.

[SRT14PimPin07]

Originally Posted by TheStigsTwin

24days? Seriously? Wow, that's insane.

It sucks!!! They even scratched my bumper when i went and checked on it....They guy said its lowered were sorry but it happens.....

[ChuckBMW3]

Someone else correct me if I am wrong, but I believe under California lemon law, if the car sits at the dealer for 30+ days and you send a written letter to BMWNA, then it qualifies as a lemon. I'm not 100% positive on that....

[scrufy]

You need to call a lemon law lawyer. Plain and simple. Do it.

[SRT14PimPin07]

Originally Posted by ChuckBMW3

Someone else correct me if I am wrong, but I believe under California lemon law, if the car sits at the dealer for 30+ days and you send a written letter to BMWNA, then it qualifies as a lemon. I'm not 100% positive on that....

Thats what i have heard also.

[cb4]

This is from the california gov site:

A special provision, often called the "Lemon Law," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) The same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) The same problem 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 problem as provided in the warranty or owner's manual or (3) The vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.

[shoes]

Originally Posted by SRT14PimPin07

It sucks!!! They even scratched my bumper when i went and checked on it....They guy said its lowered were sorry but it happens.....

That's bs... It's lowered so its cool if they bang up your car?
This whole situation doesn't sound right.

[jopa489]

Originally Posted by shoes

That's bs... It's lowered so its cool if they bang up your car?
This whole situation doesn't sound right.

Agreed, something is wrong here. Even if it was a more complicated problem than the HPFP, they should have it out of there in a week. Tops. Unless they're waiting for something very specific (which you should have been informed about), I call shenanigans. Time to take things to the next level. If you don't want to get the law involved quite yet, I would recommend going to see the Service Manager in person and express your displeasure. Don't let them drag ass for weeks on end before getting involved yourself.

[galahad05]

Originally Posted by cb4

This is from the california gov site:

A special provision, often called the "Lemon Law," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) The same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) The same problem 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 problem as provided in the warranty or owner's manual or (3) The vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.

Heh, what do you think the odds are that they'd "be done" and return the car--working right or not--29 days in?

[jopa489]

Originally Posted by galahad05

Heh, what do you think the odds are that they'd "be done" and return the car--working right or not--29 days in?

Sadly, probably pretty good. That would warrant a direct call to BMWNA to file a complaint with the dealer and a lawyer.

[Outlaw 06]

Does the California lemon law apply to cars that are riced-out/modded by their owners (or lessees) during the manufacturer's warranty period?

[DarkRider23]

Originally Posted by TJDiCandido

Does the California lemon law apply to cars that are riced-out/modded by their owners (or lessees) during the manufacturer's warranty period?

No, as long as the mods that are put in the car have nothing to do with the problem. If you mod your car and fuck it up, then it's your own damn fault.

[SRT14PimPin07]

Originally Posted by cb4

This is from the california gov site:

A special provision, often called the "Lemon Law," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) The same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) The same problem 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 problem as provided in the warranty or owner's manual or (3) The vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.

Thank you!

[SRT14PimPin07]

Originally Posted by jopa489

Agreed, something is wrong here. Even if it was a more complicated problem than the HPFP, they should have it out of there in a week. Tops. Unless they're waiting for something very specific (which you should have been informed about), I call shenanigans. Time to take things to the next level. If you don't want to get the law involved quite yet, I would recommend going to see the Service Manager in person and express your displeasure. Don't let them drag ass for weeks on end before getting involved yourself.

There is a lot of missing information becasue i dont even know what my service advisor is doing!!! He never gives me strait up answers....he is always guessing and keeps telling me well were doing this, that idk what.....The reason why im being so chill about it is because my dad wants the 30 days to pass so he can lemon it....But i kinda don't! Imma loose so much money from the mods i did.

[SRT14PimPin07]

Originally Posted by jopa489

Sadly, probably pretty good. That would warrant a direct call to BMWNA to file a complaint with the dealer and a lawyer.

Thats exactly what im afraid of...

[SRT14PimPin07]

Originally Posted by DarkRider23

No, as long as the mods that are put in the car have nothing to do with the problem. If you mod your car and fuck it up, then it's your own damn fault.

Yeah, they wanted to blame it on my HID Angel Eyes, Fog Lights and LED Licenseplate lights....but they checked them out and said since thats not what caused the problem, were gonna move on and try something else.

[DarkRider23]

Originally Posted by SRT14PimPin07

Yeah, they wanted to blame it on my HID Angel Eyes, Fog Lights and LED Licenseplate lights....but they checked them out and said since thats not what caused the problem, were gonna move on and try something else.

Don't let them feed you that bullshit. We do have consumer laws that protect us against that stuff, so get a lawyer if need be.

[SRT14PimPin07]

Originally Posted by DarkRider23

Don't let them feed you that bullshit. We do have consumer laws that protect us against that stuff, so get a lawyer if need be.

Im gonna get a lawyer after it passes the 30 days! I'll keep you guys posted!

[makammo]

The 30 days is cumulative, not continuous. Has it been it at all before this for any period of time?

[John 070]

Probably need for old timers to chime in, and there probably aren't any on this forum. But I wonder if there has ever been a car like the N54 in the history of BMW, where there are widespread failures and cars going back multiple times for the same thing? You have to get past the SA and talk to others in the shop, and they will tell you the real deal about N54's.

Do you ever get the feeling like the dealership lifts the hood of a 335 and sees hamsters running around in a cage? I think that's an act. They know the N54 well, and it's a total business decision to do the, "it seems good now. We'll just keep it overnight and make sure it starts ok in the morning." And then the car dies on the way home for the customer.

[LagMode335i]

Originally Posted by marlonmarc

The 30 days is cumulative, not continuous. Has it been it at all before this for any period of time?

Correct on that, but he should just get the lawyer anyway. I can't see this being a short term process with a law suit and the odds of the car being in the shop for one day in the future would seem likely. Might as well get proactive if the dealer doesn't.