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Old 12-07-2012, 07:19 PM
ard ard is offline
Resident Curmudgeon
Location: Sierra foothills, California USA
Join Date: Jul 2009
Posts: 16,992
Mein Auto: '12 X5 35d/E39M5/996TTX50
Originally Posted by acrackl View Post
Ard, The manufacturers are 100 steps ahead when it comes to lemon law - wish I had known all this before hand. There is a reason the service orders are written a certain way - "Customer states that CEL is on" for example. Then there are rules like it has to be the same problem - well the manufacturer can argue that the CEL was caused by different problems. Plus I live in TX,a pretty business friendly state. I didn't want to go this route - with an attorney, but BMW N.A just ignored me. It appears that they just want to keep this thing stringing along and hope the customer just goes away and does nothing. I didn't have the same experience several others mentioned where they said BMW just stepped up. Even though they are called lemon law attorneys, they are filing under DTPA (Texas Deceptive Trade Practices Act) - which has a fee shifting provision.
If you read many of my posts, I tend to harp about 'force the SA to write up the complaint this way', combined with "dont accept the car back unless they provide written confirmation of the codes and problems". I do this many times starting with the first complaint, and I am sure people thing "man, this guy sure makes it complicated...I just want my car fixed, I dont need to know whats wrong"... so they dont, they hope it will be OK...but after 2,3 visits, it becomes clear that they've wasted their time and now the dealer is circling wagons and they have no record.

People just sit at the desk and let the guy type what he wants, then they hand you a pen and you sign it.... I just got back from the dealer an hour ago, earlier today I wrote "No permission to operate vehicle off dealership property." next to my signature. The SA was very nervous. I said "Dont worry, I can do this" and smiled. (CA has a law that they MUST check and adjust the tire pressure, unless the owner states he has done that. So I crossed that out on the work order and added "Owner has checked tire pressure within last 24 hours".) My point is that it is YOUR car, this is a document FROM YOU telling them what they should or may do....

Anyway, just briefly looking at your record, those initial codes are all relating to the diesel cat/emissions system and are central to the recent recalls...using their own documents on the recall, I am pretty sure you could have argued that the common cause was this system and the underlying software, was the problem. As a result there were multiple spurious error codes and ineffective repair measures which were the actual cause of the lemon claim. I mean it looks like your issues were a poster child for the final, ultimate recall they issued! You had all the issues that kept cropping uo; BMW engineers would run 'diagnostics' that were flawed; they'd replace the wrong parts; and different problems cropped up. They finally figured this out, with a major recall that had a 'menu' of fixes, depending on what they'd tried on your car already.... .

I am surprised that you met the lemon criteria, provided the evidence, and gave them a written demand and they ignored it.... yes, they will tell you "oh, we replaced different parts each time", but the trick is to build the trap early on- and argue that this vehicle is affected by the core diesel emissions fault...

And also, the dealer is a major factor in the success of a lemon claim- if your SA or manager or warranty manager at the dealer says "yeah, this car is a mess, we agree", then BMWNA lemons it. If the dealer is a dcik, BMWNA says 'tough'.

Keep us posted...

OE is Original Equipment: aka 'BMW Original Parts"; aka "What you buy at the BMW dealer with a BMW label on it"

OEM is Original Equipment Manufacturer... EITHER 'the company that made the OE part" or.... 'A part this is identical to the OE part, but is sold by the OEM under their own label,"


Don't believe me? Read:
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