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02-22-2013, 02:09 AM | #45 |
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02-22-2013, 06:40 AM | #46 | |
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Its varies from state to state, but the basics are the same; OP is NOT the first owner and Lemon can only be done in first year of the vehicle's existence, in severe cases two years. No.
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02-22-2013, 08:39 AM | #47 |
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Because ..... the ....... dealership ...... may ...... be ....... dishonest???? smh
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02-22-2013, 12:00 PM | #49 | |
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California Lemon Law 1793.22. (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 or (2) the vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents. The buyer shall be required to directly notify the manufacturer pursuant to paragraph (1) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner's manual, the provisions of this section and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraph (1). This presumption shall be a reputable presumption affecting the burden of proof, and it may be asserted by the buyer in any civil action, including an action in small claims court, or other formal or informal proceeding. from http://www.carlemon.com/lemon/CA_law.html |
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02-22-2013, 01:36 PM | #52 |
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I used the California Lemon Law on my 2005 BMW 330ci ZHP. Santa Monica BMW had it for 40 days, apparently bickering with BMW over who would pay for the new computer they say the car needed. I contacted a random lawyer online, and within 10 days I had all of my down payment back and all of my payments, minus any damage and minus some mileage.
This was more than two years after the car was purchased, and I was not the first owner. It was an incredibly easy process for me. Apparently Cali Lemon Laws are amongst the best in the nation for consumers. The attorney was playing golf everytime I called him haha. Must be a lucrative and easy gig... Last edited by RedRumble; 02-22-2013 at 02:39 PM.. Reason: clarity |
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02-22-2013, 01:55 PM | #53 |
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By now, it is pretty obvious is not the transmission (if the dealer really replaced it three times). Get a new car.
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02-22-2013, 03:15 PM | #56 |
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Yes, highly doubt they have 3 or 4 tranny's there.
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02-28-2013, 02:36 PM | #57 |
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Update for everyone.
Unfortunate to say, that trying to be civil about this entire situation has got me no where. After replacing the transmission 4 times, I was called yesterday by the Dealership and informed that BMW NA told them to call me, and tell me that it's normal and to pick the car up. This is when I was told by 3 reps, and supposedly one of BMW NA's master techs, that it was abnormal and something was definitely wrong. Regardless, they not only wasted 2 mos. of my time, and my car rotting in there storage lot, but also caused the worse agony, any new car owner could imagine. I am going to pick up the car, in a few hours, and will be asking for hard copies of all the techs notes and repairs done. |
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02-28-2013, 11:32 PM | #60 |
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I already consulted with a Lemon Law Attorney, who is well known for his strong legal representation in this field. He was even in "aww", when I went over everything with him. He only gets paid, if the matter does get resolved, and he said that based off my repair orders alone, and further so, on the amount of time my car was out of commission, this should be a no brainer for BMW. I picked up the car today, and my jaw dropped, when I drove the car home and and realized how much louder, the clunking/grinding noise is. It is much louder then before! The clutch chatters now, and the shifter feels much harder to go into gear. To add fuel to the fire, the dealership/someone there, curbed my rear wheel, very badly (the entire lip of the wheel). The co-owner came out to comfort me, but then I got pretty frustrated when he asked me "Are you sure, it wasn't there before?) Luckily. I took high-res photos of my car, the day I dropped it off (i.e. - pictures of the entire body, all of the wheels, the front underside of the bumper, interior etc.) . I showed them to my service writer, and then to the co-owner of the dealership. So now they're going to order a new wheel. I'm crossing my fingers at this point, because my patience and frustrations are long gone. Thanks again, to everyone who posted your support and guidance for my wife and I. Any updates, will be posted - as I get them. |
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03-01-2013, 04:15 AM | #61 |
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You're a symbol of tolerance, I could have never lasted 2 weeks without flipping out. 2 mos., wow. It may seem dismal now, but your lawyer should turn this around for you and maybe you'll make money on this unfortunate situation at least.
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03-02-2013, 09:11 AM | #62 |
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You deserve an award, man. The level of incompetence from that dealership amazes me, but sadly not as much as it would someone else. BMW has a history of throwing parts at a car without any real reason. It's not like an indy shop that needs to get the job done and doesn't have time to order 3 transmissions from Germany.
I really feel for you. I take top notch care of my cars and it sounds like you do too. To know it's been through 3 transmissions, countless techs that don't know what they are doing, and that kind of abandoned treatment in their outdoor lot would kill me. I really hope it gets lemoned and you get a replacement car you deserve. If it makes you feel any better, I've had terrible experiences with BMW dealerships also. Just not on such a major part to the car as the transmission is. In hindsight you probably should have ignored that small noise for a little while longer to see if it would work itself out. After all these are BMWs. They wouldn't be normal without beeps, chirps, creaks, rattles, and so on.... Anyway, good luck I hope to find a good resolution. |
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03-02-2013, 10:01 AM | #63 |
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It's a car, they leave them out in the sun all the times.
Unfortunately , the dealership can't keep every car indoors. They usually wait until they fixed the car to wash it. |
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03-02-2013, 01:12 PM | #64 |
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This guy has to secretly be Phil Jackson. OP, you're truly a zen master. You should really follow up on pursuing a lemon suit against them. Keep us updated!
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03-02-2013, 03:47 PM | #66 |
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I can understand that, if that was said to me from the get go. I was told by 2 service writers, that because it was an M, it would inside at all times. My main concern being the recent full detail on the car, which is now complicated by a nice mix of dried rain water and inland empire dirt/dust.
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