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Old 01-26-2011, 11:20 AM
Rottieman Rottieman is offline
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Location: Rocklan County, NY State
Join Date: Oct 2010
Posts: 7
Mein Auto: 2011 X5 xDrive35i Premium
Originally Posted by ard View Post
"touching base" with a lemon law attorney, and having a case adjudicated are just slightly different things.

I'd say on a verbal consult the lemon law attorney was not amazing ignorant, but probably "predictably disingenuous".

Like I said, a 'CEL' is not the 'fault'. The fault is the code that set the light. If you have 10 different codes and the dealer fixes it each time and it never recurs (and he doesn't keep the car for whatever the time limit is in your state) it is not a lemon law case.
Duh? Oh really? A code sets the light? And not an underlying mechanical or electrical problem that these codes represent? The bottom line is that my dealer had my car with CEL displayed for about a week or more, examining these codes with remote assistance from BMW engineers and yet still declared the problem unfixable. "Amazing Ignorance", it's not me who declared the car "unfixable" but the head of my dealer's service department. They along with the BMG engineers involved with my X5 are the ones to be called ignorant, and not me. There's no reason I should be expected to meet my monthly obligations to be the beneficiary of their ignorance. What should I be expected to know in these matters, other than filling the gas tank, push the start button, etc., etc.? AND pay the bills on my lease. I'm amazingly ignorant about TVs but when mine is broken I reasonably expect a service tech having the required knowledge to fix it or inform me how to fix it myself (as happened to me not long ago when the lamp burned out in my projection LCD TV). If it were under warranty it would be fixed or fixable or they would automatically ship a new to me and I'd still remain blissfully ignorant as to its operation and/or any codes.

So are all lawyers are "predictably disingenuous"? Except of course when you need one; closing on a house, divorce settlements, class action suits against a pharmaceutical company which had to withdraw an inadequately tested product with fudged results causing grave bodily harm or even death, established class action suits, malpractice cases against physicians causing harm or death of a family member due to his/her admitted error. Like all the rest of us lawyers have bills to pay and wouldn't waste time on a case without merit, and particularly so when they guarantee no fees to me, case settled in my favor or not.

Car companies and their affiliations are the predictably disingenuous ones, should they see a Lemon on the horizon, that declaration will forever be tacked onto the service record of that VIN, and they then try to buy it back, passing it on to the next victim.

The bottom line and take home lesson here is that this car remained "UNFIXABLE", and the dealership along with BMW offered to build another exactly like it (hopefully less its problem). I accepted their offer. I hope never see a problem with it. If I should, Lemon Lawyer, here I come!
However I will never buy (or lease) another BMW X5 or X3.
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