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  #1  
Old 03-08-2006, 05:41 PM
Lois822 Lois822 is offline
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Precertified Warrenty Lemon rip offs to avoid

I found out the hard way that just because a car is BMW certified does not mean they will fix it. I found out the hard way over a stalling issue that the vanos was acting up because the engine had been abused. They claim the person who owned it before me could have never changed the oil pretty much never while they owned the car. I had the idle control valve replaced, idle pulley, brakes and power steering lines all in the last few days at over $2000.00 out of my pocket only to find out today that the engine is shot. They just replaced my brakes last Thursday. How do they get away with this.

BMW met with my extended warranty rep today and was reluctant to pull the valve cover off my car. When they did the engine was covered in sludge and you would need a chisel to get the vanos off. They claim it did not show any issues while under pre certified warranty and even after multiple trips to the dealer for stalling issues.

BMW said the car should have never been pre certified and claims all should have the valve covers pulled as part of the certification procedure.

Right now both are refusing to fix the car unless I pay 100% which would cost over $5000.00 to tear the engine apart and clean it.

BEWARE OF PRECERTIFIED WARRENTY ask the dealer to pull the valve cover in front of you or get it in writing that this had been done and there was no sludge found. The vanos is ruined. The extended warranty which I paid $2000.00 additional for told me they will no longer honor claims on the motor period.

I am stuck with a car I have owned for 7 months and have to seek legal action.

BMW will not warranty the work because the sludge is so bad. They said you could never boil, flush or clean out that mess.

I saw the engine and took the mechanic with me from where I work. He was horrified.

I am currently seeking an attorney and am not going to drive the car.

Pre-certified warrenty pre certified lemon law

Last edited by Lois822; 03-08-2006 at 05:52 PM.
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  #2  
Old 03-08-2006, 05:49 PM
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SARAFIL SARAFIL is offline
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Quote:
Originally Posted by Lois822
I found out the hard way that just because a car is BMW certified does not mean they will fix it. I found out the hard way over a stalling issue that the vanos was acting up because the engine had been abused. They claim the person who owned it before me could have never changed the oil pretty much never while they owned the car. I had the idle control valve replaced, idle pulley, brakes and power steering lines all in the last few days at over $2000.00 out of my pocket only to find out today that the engine is shot. They just replaced my brakes last Thursday. How do they get away with this.

BMW met with my extended warrenty rep today and was reluctant to pull the valve cover off my car. When they did the engine was covered in sludge and you would need a chisel to get the vanos off. They claim it did not show any issues while under precertified warrent and even after multiple trips to the dealer for stalling issues.

BMW said the car should have never been precertified and claims all should have the valve covers pulled as part of the certification procedure.

Right now both are refusing to fix the car unless I pay 100% which would cost over $5000.00 to tear the engine apart and clean it.

BEWARE OF PRECERTIFIED WARRENTY ask the dealer to pull the valve cover in front of you or get it in writing that this had been done and there was no sludge found. The vanos is ruined. The extended warrenty which I paid $2000.00 additional for told me they will no longer honor claims on the motor period.

I am stuck with a car I have owned for 7 months and have to seek legal action.

BMW will not warrenty the work because the sludge is so bad. They said you could never boil, flush or clean out that mess.

I saw the engine and took the mechanic with me from where I work. He was horrified.

I am currently seeking an attorney and am not going to drive the car.

Pre-certified warrenty pre certified lemon law

Your post is very hard to understand.

Is your car a Certified Pre-Owned BMW or did you buy a 3rd party extended warranty? If this is a Certified Pre-Owned car, hold your selling dealer responsible. They should have checked this stuff during the CPO process and are responsible if they did not. If it was previously certified and you did not just buy it CPO from the dealer, this doesn't apply.
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  #3  
Old 03-08-2006, 06:03 PM
Lois822 Lois822 is offline
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I bought this car from someone who claimed this car was pre certified by BMW he sells used BMW's Volvo's Mercede's ect. He has been in business for 30 plus years. He said he got the car from a BMW dealer in NY and sells several cars for them.

This car had little Pre certified warrenty left. I called Car Fax and the local BMW dealer and had them run the VIN number and they showed that the car was under warrenty. I did all this before I purchased the car to be on the safe side.

I bought the car with a supplimental extended warrenty through Great Lakes Warranty company. I heard that BMW are beyond costly for repairs.

BMW said this car actually was precertified in 9-2003 by the BMW dealer in NY. Car fax does not state who owned it until 2-2005 then transfered to the used car dealer I bought it from on 2-2005. BMW said even though he claims he got it through the BMW dealer in NY the warrenty should have been canceled when sold to him.

The dealer who has the car right now said this car would have never passed any BMW pre certified warrenty and it was still in their computers in error as pre certified.
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  #4  
Old 03-08-2006, 06:45 PM
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SARAFIL SARAFIL is offline
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Quote:
Originally Posted by Lois822
I bought this car from someone who claimed this car was pre certified by BMW he sells used BMW's Volvo's Mercede's ect. He has been in business for 30 plus years. He said he got the car from a BMW dealer in NY and sells several cars for them.

This car had little Pre certified warrenty left. I called Car Fax and the local BMW dealer and had them run the VIN number and they showed that the car was under warrenty. I did all this before I purchased the car to be on the safe side.

I bought the car with a supplimental extended warrenty through Great Lakes Warranty company. I heard that BMW are beyond costly for repairs.

BMW said this car actually was precertified in 9-2003 by the BMW dealer in NY. Car fax does not state who owned it until 2-2005 then transfered to the used car dealer I bought it from on 2-2005. BMW said even though he claims he got it through the BMW dealer in NY the warrenty should have been canceled when sold to him.

The dealer who has the car right now said this car would have never passed any BMW pre certified warrenty and it was still in their computers in error as pre certified.
I'm sorry, but you have absolutely zero recourse with BMW in this matter. Just as I suspected, you bought a car that had been previously certified and somehow they led you to believe that it was just like buying a CPO car off the BMW dealer's lot. Unfortunately, you learned the hard way that this is not true...

Unless you are buying the car from a BMW dealer and they have re-certified it, or you are buying it from a private party with all the service records, I'd be very careful about anyone claiming that a car is certified. Rest assured that the BMW dealer that certified that car in 2003 did do a full inspection and at that time it met the standards for CPO. Three years later, the car could be a total wreck and there is nothing that you can do to get BMW to step in. It's not like BMW just went through it again before you bought it and gave it a clean bill of health. You got what you paid for...

Sounds to me like you have a bad extended warranty company as your main problem, not BMW. The CPO warranty is not a guarantee that the person that has owned the car AFTER it was certified took care of it!

Last edited by SARAFIL; 03-08-2006 at 06:47 PM.
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  #5  
Old 03-08-2006, 06:56 PM
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Gotta agree with Sarafil on this one. It's one thing to have a car certified and then have problems in the first month of ownership, it's another to blame the certification process years after the fact.
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  #6  
Old 03-08-2006, 06:59 PM
Lois822 Lois822 is offline
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I called BMW before I bought the car and asked them if it was really pre certified. They ran the VIN and said it was.

I am sitting here disecting the Car Fax report. It was owned by the BMW dealer in NY. Never leased and sold new 1-4-2000.



The dealer claims it was pre certified in 2-2003 in NY.
Here are the dates on the car fax.

4-9-2003 Dealer inventory in NY offered for sale 42,494 miles

8-29-2003 Passed inspection still owned by the dealer 42,515

This car hardly was moved.

9-9-2003 Lo jack present at time of inspection.

9-9-2003 New owner registered passed inspection. No mileage is logged.

9-7-2004 Dealer Inventory NY mileage 71,181

2-18-2005 transfered to the dealer in Pa where I bought the car.

Interesting story.
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  #7  
Old 03-09-2006, 05:21 AM
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Artslinger Artslinger is offline
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First, under the CPO warranty the idle control valve and idle pulley should be covered; brakes and power steering lines are not covered warranty items. Go back and have them reimburse you for the covered items.

Second, any abused car whether it is under the factory warranty or CPO warranty will not cover damage caused by abuse (look this paragraph up in the warranty) and not changing the oil is clearly abusing the engine whether or not you did the damage.

I guess you are out of luck. You should of had the car checked over by a mechanic knowledgable with BMWs before buying the car, maybe they would have caught the problem.

Last edited by Artslinger; 03-09-2006 at 05:23 AM.
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  #8  
Old 03-09-2006, 09:54 AM
Sheepdg Sheepdg is offline
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Quote:
Originally Posted by Lois822
I called BMW before I bought the car and asked them if it was really pre certified. They ran the VIN and said it was.

I am sitting here disecting the Car Fax report. It was owned by the BMW dealer in NY. Never leased and sold new 1-4-2000.



The dealer claims it was pre certified in 2-2003 in NY.
Here are the dates on the car fax.

4-9-2003 Dealer inventory in NY offered for sale 42,494 miles

8-29-2003 Passed inspection still owned by the dealer 42,515

This car hardly was moved.

9-9-2003 Lo jack present at time of inspection.

9-9-2003 New owner registered passed inspection. No mileage is logged.

9-7-2004 Dealer Inventory NY mileage 71,181

2-18-2005 transfered to the dealer in Pa where I bought the car.

Interesting story.
While not certified as Columbo on this matter, and given what you've got on your hands and the litany above it would certainly appear that the owner before you had the car for less than a year and put 30,000 miles on it. And one would suspect it was treated like an old road whore....not with tender loving care.
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  #9  
Old 03-09-2006, 12:28 PM
kendenton kendenton is offline
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Was this place "ICOWC" (don't want to actually name the dealer) by the way?
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  #10  
Old 03-09-2006, 07:01 PM
Lois822 Lois822 is offline
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No to ICOWC

I took pictures today and spoke with an attorney. He was very interested since BMW originally was honoring claims.

Last edited by Lois822; 03-09-2006 at 07:03 PM.
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  #11  
Old 03-09-2006, 07:16 PM
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Bart001 Bart001 is offline
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Quote:
Originally Posted by Lois822
I took pictures today and spoke with an attorney. He was very interested since BMW originally was honoring claims.
Of course he is interested in trying to earn a fee, no matter how bad the case.

Do you yet understand that the "certification" by BMW was with regard to the condition of the car when buyer # 2 bought it, and ended when said buyer drove it off the lot?
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  #12  
Old 03-09-2006, 07:33 PM
equ equ is offline
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Well, I've just bought a CPO car - and while I treat it well - it is defined to be a transferrable warranty. So unless the dealer can demonstrate that e.g. power steering is a maintenance issue (I don't know what maintenance you do to a steering system ) I'd expect that to be covered. For me and the next owner... So I'd cut the OP some slack.
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  #13  
Old 03-09-2006, 08:18 PM
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Fast Bob Fast Bob is online now
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Quote:
Originally Posted by Lois822
I called BMW before I bought the car and asked them if it was really pre certified. They ran the VIN and said it was.

I am sitting here disecting the Car Fax report. It was owned by the BMW dealer in NY. Never leased and sold new 1-4-2000.



The dealer claims it was pre certified in 2-2003 in NY.
Here are the dates on the car fax.

4-9-2003 Dealer inventory in NY offered for sale 42,494 miles

8-29-2003 Passed inspection still owned by the dealer 42,515

This car hardly was moved.

9-9-2003 Lo jack present at time of inspection.

9-9-2003 New owner registered passed inspection. No mileage is logged.

9-7-2004 Dealer Inventory NY mileage 71,181

2-18-2005 transfered to the dealer in Pa where I bought the car.

Interesting story.
From this post, it appears that you are the FOURTH owner of this car since it was BMW-certified in Feb. `03. I really don`t think there`s much recourse with BMWNA....possibly with the person you bought it from, if he claimed the car was covered by a third-party warranty.

Regards,
Bob
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  #14  
Old 03-10-2006, 05:07 AM
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Artslinger Artslinger is offline
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Quote:
Originally Posted by Bart001
Of course he is interested in trying to earn a fee, no matter how bad the case.

Do you yet understand that the "certification" by BMW was with regard to the condition of the car when buyer # 2 bought it, and ended when said buyer drove it off the lot?

You have that right.

Every go round with BMW will cost an additional fee from your attorney. I doubt BMW will cave-in on one letter from a attorney, it is your money and anything is possible.
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  #15  
Old 03-10-2006, 05:19 PM
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crash8168 crash8168 is offline
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Quote:
Originally Posted by Lois822
I found out the hard way that just because a car is BMW certified does not mean they will fix it. I found out the hard way over a stalling issue that the vanos was acting up because the engine had been abused. They claim the person who owned it before me could have never changed the oil pretty much never while they owned the car. I had the idle control valve replaced, idle pulley, brakes and power steering lines all in the last few days at over $2000.00 out of my pocket only to find out today that the engine is shot. They just replaced my brakes last Thursday. How do they get away with this.

BMW met with my extended warranty rep today and was reluctant to pull the valve cover off my car. When they did the engine was covered in sludge and you would need a chisel to get the vanos off. They claim it did not show any issues while under pre certified warranty and even after multiple trips to the dealer for stalling issues.

BMW said the car should have never been pre certified and claims all should have the valve covers pulled as part of the certification procedure.

Right now both are refusing to fix the car unless I pay 100% which would cost over $5000.00 to tear the engine apart and clean it.

BEWARE OF PRECERTIFIED WARRENTY ask the dealer to pull the valve cover in front of you or get it in writing that this had been done and there was no sludge found. The vanos is ruined. The extended warranty which I paid $2000.00 additional for told me they will no longer honor claims on the motor period.

I am stuck with a car I have owned for 7 months and have to seek legal action.

BMW will not warranty the work because the sludge is so bad. They said you could never boil, flush or clean out that mess.

I saw the engine and took the mechanic with me from where I work. He was horrified.

I am currently seeking an attorney and am not going to drive the car.

Pre-certified warrenty pre certified lemon law
Even if they had followed the proper oil change intervals there is a strong possibility that the engine would be sludged anyways, we are talking about around 15000 mile intervals. quite a few of the engines going with this show serious sludging even with synthetic oil after 50000 miles when the warranty is out. As far as i am concerned the safe interval for a vehicle you intend to keep is roughly half that recommended.
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  #16  
Old 03-10-2006, 07:05 PM
Lois822 Lois822 is offline
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Angry Good news

Good news. I got an attorney. He will not accept a case unless he can win. He does not charge a fee to me.....at all. I have to see how he settles if he wins. I heard some lawyers will get a 3rd. At this point I really have nothing but a large car loan to bet on.

There seems to be a lot of conflicting information with this particular car. The car fax does not match up with the BMW records for one. The extended warranty should have never been issued to this car. There are some very fishy dealing going on here.

Breech of warranty can be used. The seller did give me an in house warranty also.

I called the so called authorized used BMW dealer within 30 days of purchasing the car. Check engine light was on and the oil light. He refused to fix it. Said take it to the dealer it is still pre certified. They did replace a clogged oil sensor and some other filters ect.

Sale contract was written up stating balance of factory warranty which I guess is false advertising. He checked yes it had one.

His web page details all the work that they do before a car is issued to the perspective buyer. All cars are hand picked (from the lemon tree) and he goes on to explain how he checks the timing chain and belts. Mine is so burried in sludge he could have never even looked at anything. It looks like a Jello mold.

I feel so much better.

I do miss my car........I feel like I abandoned an abused foster child.

I see red when ever I pass one that looked like mine. I am hooked on the car and style. I am just devasted how bad I got ripped.
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  #17  
Old 03-10-2006, 08:27 PM
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JSpira JSpira is offline
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Quote:
Originally Posted by Lois822
Good news. I got an attorney. He will not accept a case unless he can win. He does not charge a fee to me.....at all. I have to see how he settles if he wins. I heard some lawyers will get a 3rd. At this point I really have nothing but a large car loan to bet on.

There seems to be a lot of conflicting information with this particular car. The car fax does not match up with the BMW records for one. The extended warranty should have never been issued to this car. There are some very fishy dealing going on here.

Breech of warranty can be used. The seller did give me an in house warranty also.

I called the so called authorized used BMW dealer within 30 days of purchasing the car. Check engine light was on and the oil light. He refused to fix it. Said take it to the dealer it is still pre certified. They did replace a clogged oil sensor and some other filters ect.

Sale contract was written up stating balance of factory warranty which I guess is false advertising. He checked yes it had one.

His web page details all the work that they do before a car is issued to the perspective buyer. All cars are hand picked (from the lemon tree) and he goes on to explain how he checks the timing chain and belts. Mine is so burried in sludge he could have never even looked at anything. It looks like a Jello mold.

I feel so much better.

I do miss my car........I feel like I abandoned an abused foster child.

I see red when ever I pass one that looked like mine. I am hooked on the car and style. I am just devasted how bad I got ripped.
Sounds like you are buying an attorney in the same way you bought the car. You don´t even know your fee arrangement with the attorney? That´s bad on your part and irresponsible on the attorney´s part. In fact, it violates canons of ethics not to make fee arrangements clear before accepting the engagement.

There is no such thing as pre-certified. If that is the language the person who sold you the car used, they were being deceptive.

If you are referring to the CPO program, and the car shows signs of abuse (which it does), BMW and the insurance program that covers CPO are off the hook and you probably have a claim against the person who sold you the car - if the seller knew the problem existed and made representations to you that the car was properly maintained.
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  #18  
Old 03-10-2006, 10:15 PM
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Artslinger Artslinger is offline
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Quote:
Originally Posted by Lois822
Good news. I got an attorney. He will not accept a case unless he can win. He does not charge a fee to me.....at all. I have to see how he settles if he wins. I heard some lawyers will get a 3rd. At this point I really have nothing but a large car loan to bet on.

Man run away from this attorney.

Last edited by Artslinger; 03-10-2006 at 10:18 PM.
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  #19  
Old 03-11-2006, 06:00 AM
kendenton kendenton is offline
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What dealer was this? PM me if you don't wish to post.
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  #20  
Old 03-11-2006, 07:08 AM
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JSpira JSpira is offline
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Quote:
Originally Posted by kendenton
What dealer was this? PM me if you don't wish to post.
She didn´t buy it from a dealer, she bought it from a used car lot.

The car went into service on 4 Jan. 2000 and, if this car were indeed CPO (the original poster keeps saying some nonsense that it was ,,pre-certified`` which is a term that is meaningless) any coverage would have stopped in January 2006.

Of course, if the OP doesn´t have documentation for service (oil changes etc.) over the course of the car´s life since it was certified (if it ever actually was), there would be no way to prove that the car was not neglected and that would be something between her and the used car lot she found this gem on.
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E90 2006 330xi*
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  #21  
Old 03-11-2006, 03:37 PM
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Bart001 Bart001 is offline
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Quote:
Originally Posted by Jspira
Sounds like you are buying an attorney in the same way you bought the car.

Indeed.
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  #22  
Old 03-11-2006, 05:21 PM
kendenton kendenton is offline
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Quote:
Originally Posted by Jspira
She didn´t buy it from a dealer, she bought it from a used car lot.
I know, which used car place?
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  #23  
Old 03-11-2006, 05:42 PM
Lois822 Lois822 is offline
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Breach of Warranty issues

The attorney does not charge a fee. He does not charge a fee if he lose's. I have to talk to him on Monday. If he wins he collects all attorney fee's ect from the manufactuer or the warranty company.

(When I left from work on Friday he was already gone.........So I had not gotten all the details). I do know some firms take 1/3 or if you loose they hold a retainer. HE DOES NOT. This is information taken off another Attorney web site for NJ & Pa about Breach of Warrenty......Used.

Here is the Federal law guidelines..........READ THE PART WHAT IF I BOUGHT IT USED.

I bought it in May and had a claim paid in June by BMW for the oil light and check engine light.
Lemon Law Firm
Serving PA & NJ

The Lemon Law is a state law which is defines when a manufacturer has breached its warranty and what the victim is entitled to for such a breach of warranty. The Pennsylvania Lemon Law and New Jersey Lemon Law provides for a Full Refund or a Replacement Vehicle and mandatory Attorney's Fees and Costs if the consumer prevails.


What to do if you have a Lemon Law Claim

1. Check the vehicle’s warranty in order to inform yourself about the proper steps to take to guarantee legal recourse. (A warranty is a written guarantee that the vehicle is of good, sound quality.)

2. Hopefully, you can resolve the problem with your automobile dealer. They should want to remedy the problem to maximize future car sales.

3. If you cannot resolve the problem with your automobile dealer, contact our firm by calling our toll free telephone number 1-800-MY-LEMON (1-800-695-3666), email us or complete our free lemon law case evaluation. We will attempt to quickly resolve the claim with the manufacturer at no cost to you. Should the manufacturer refuse to comply with it's lemon law obligations we will promptly file suit seeking compensation under the lemon law. Should your case settle, all fees and costs will be paid by the manufacturer. Regardless of the outcome, you are never responsible for paying our fees and costs.

What is a "Lemon?"

The American Heritage Dictionary defines a lemon as: "One that is or proves to be unsatisfactory…" (Houghton Mifflin Company, Boston, 2nd College Ed., © 1985). However, in an effort to further define such a broad term, the Lemon Law attempts to define certain situations which entitle consumers to their money back or a new vehicle.

The Lemon Law is a powerful state law which defines when a manufacturer has breached its written warranty and what the purchaser is entitled to for such a breach of warranty. The lemon law act further provides for payment of all legal fees and costs by the manufacturer should the consumer prevail under the act.

In a nutshell, any defect or nonconformity, or combination of defects, which substantially impair the use value or safety of a new vehicle and which is/are not repaired within a reasonable number of attempts as defined in the lemon law, may entitle you to lemon law relief, consisting of a new car or full refund of the purchase price.

If you are aggravated enough to be reading this you may have a lemon and may be entitled to a settlement under the lemon law and/or federal warranty act. Our firm has represented thousands of consumers throughout Pennsylvania and New Jersey and we have been successful in obtaining lemon law and breach of warranty relief for our clients. Please call us at 1-800-MY-LEMON
(1-800-695-3666) to learn more about your rights, and how we can assist you in your lemon law and/or breach of warranty claim, or complete our free case evaluation. There's no fee or cost to you for our service.

What types of products are covered by the Lemon Law ?

All motor vehicles primary used for personal use are covered under the Pennsylvania and New Jersey Lemon Law.

Are leased vehicles covered under the Lemon Law?

(A). Pennsylvania Lemon Law: In Pennsylvania all vehicles leased after February 11, 2002 are covered under the PA lemon law. Unfortunately, vehicles leased before February 10, 2002 in Pennsylvania are not covered under the PA lemon law (please note that despite the lack of coverage for vehicles leased before February 11, 2002, there are still rights to compensation pursuant to the Federal Warranty Act. For further information regarding the inclusion of leased vehicles under the Pennsylvania lemon law please click here.

(B). New Jersey Lemon Law: The New Jersey lemon law provides coverage for leased cars.

When Does my Vehicle Qualify under the Lemon Law?

Should the manufacturer fail to abide by it's obligations under the lemon law you have the statutory right to file suit in court seeking compensation for your claim. The lemon law act provides for payment of all attorney fees and costs should the consumer prevail. Please call our firm to discuss your lemon law rights and how we can assist you under the lemon law.

What if I Start having Problems After the Lemon Law year/mileage limitation?

You may still be entitled to compensation. There are other laws which govern warranties which may be used to assist you, including Federal Warranty Act, also known as the Magnuson-Moss Warranty Act and the Uniform Commercial Code. XXXX represents a great number of individuals whose vehicles did not start having problems during the lemon law year/mileage limitation.

Should I Take it in Again?

The answer to that question depends on the facts and circumstances of each case. Therefore, at this point, the best thing to do is maintain the status quo until you have the chance to speak with a qualified attorney. In other words, do not allow the condition of the vehicle to change by having any repair work done to it. However, if your vehicle is dangerous and you continue to use it, you do so at your own risk. It is important to remember that if you decide to go forward many of the manufacturers will want to inspect your vehicle. You have a much better chance of obtaining the Lemon Law relief you seek if you can demonstrate a defect. If you cannot, you may still be entitled to compensation, but the chances of you getting what you want may be reduced somewhat.

What if they Refuse to Repair?

If the dealer refuses to repair your vehicle, you may also have a Lemon Law claim. The manufacturer has given a warranty, which in most circumstances, requires the dealer to do repair work. If the dealer and/or the manufacturer then refuse to do the repair work, you may have a claim under the Lemon Law, Federal Warranty Law and/or other laws.

What is a Breach of Warranty Case?

Basically, it is the same as a Lemon Law case, however, with two notable differences. First, the standards or requirements for breach of warranty are not as clearly defined. Second, the remedies for breach of warranty are also not as clearly defined. Therefore, you should consult a qualified attorney to discuss whether you may have a breach of warranty case.

What Documents do I Need to Prove a Lemon Law or a Breach of Warranty Case?

The most important documents that you should have to Prove a Lemon Law or a Breach of Warranty Case are the repair orders that you are given after your vehicle has been in for repair. Each time you take your vehicle in for repair you should make sure that all the information contained on these documents is correct. For example, you should be sure that all the complaints are written up EXACTLY as you have stated them; that ALL of your complaints on that visit are included; that the "dates in" and the "dates out" are correct; that the mileage is correct; etc. In Pennsylvania and New Jersey, dealers are required under the Lemon Law to give you a copy of all of your repair orders. If you cannot get them yourself, a qualified attorney may be able to issue a subpoena to the dealership to obtain all the documents on your vehicle. Also, if you keep a calendar of appointments which shows when you took the vehicle in to the dealer, this can be helpful in lieu of or in addition to the repair orders.

What Can I Get for a Lemon Law and or Breach of Warranty Case?

The ultimate relief in a Lemon Law Case is your money back or a new car. This is known as a “buy back” or a “repurchase.” When that occurs, the defective vehicle is returned to the manufacturer. This is usually done by returning it locally to one of their authorized dealers. Under a breach of warranty case the consumer obtains compensation in the form of a partial refund with continued ownership of the car. The vast majority of cases are settled under breach of warranty allowing the consumer to receive compensation with continued ownership of the car. In either recovery all attorney fees and costs are paid by the manufacturer.

How will my Attorney Get Paid?

Should we agree to represent you, all fees and costs are paid by the manufacturer and added to the settlement. There is no fee or cost to you for our services. Within our website the word “free” and "free representation" means only that XXXX & Associates will not charge any of its clients attorneys’ fees or costs pursuant to the Magnuson Moss Act and Lemon Law Act. XXXX & Associates will seek to recover all attorney's fees from the manufacturer and/or dealer pursuant to State and Federal Laws. Accordingly, the services of XXX & Associates are at no charge to any of its clients. However, cases involving fraud and commercial vehicles require a contingency fee agreement (percentage of recovery) paid to David J. Gorberg & Associates.

What are my Chances?

XXXX & Associates represents many consumers every year with defective vehicles. The majority of our cases settle to the satisfaction of both parties.

Can I Resolve This Myself?

You probably should avoid aggravating yourself further and wasting time. First, there is a reason that all 50 states have some form of a Lemon Law. Lemon Laws are passed to remedy problems which have become widespread. However, the mere fact that there is a lemon law does not mean that you will be treated differently if you represent yourself. It still costs a manufacturer less to drag it out with an unrepresented consumer and hope you will either go away or take little or nothing, than it would cost for them to buy back everyone's vehicle who made a complaint. Second, if you fail, you will have wasted precious time if you then have to hire an attorney. By being represented by an experienced lemon law firm you lend legitimacy to your case, and the experience you need to obtain a good result.

What if I Bought my Vehicle Used?

First, if you still had any warranty left from the manufacturer when you purchased your vehicle (or your vehicle was "Certified" by the manufacturer or dealer), and you made at least one unsuccessful warranty claim before the warranty ended, you may be entitled to compensation for breach of warranty.

What You Should do if You have Purchased a Used Car: One or more of the following procedures may prove to be useful in discovering whether there is something about your vehicle that you were not told:

1. Go to http://www.carfax.com
2. See a body shop mechanic to determine if your vehicle was wrecked;

3. Have your Insurance Company run your Vehicle Identification Number (VIN) on their computer (may be called a C.L.U.E. report) to see if an accident claim was ever made with another insurance company; and/or

4. Go to an authorized dealer and have them check the computer to see if it was wrecked or to let you know what the mileage was every time the vehicle was in for repair.

What if I was Lied To, Misled or Taken Advantage of in Connection with the Purchase of my Vehicle?

Again, your case may raise a whole host of issues which are beyond the scope of this "Frequently Asked Questions" section. However, there are many state and federal laws
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  #24  
Old 03-13-2006, 03:18 AM
Bart001's Avatar
Bart001 Bart001 is offline
Hofmeister kink ftw!1!!1!
Location: Massachusetts
 
Join Date: Apr 2005
Posts: 1,477
Mein Auto: 2012 X5 35i Premium
Unfortunately, "the internet makes you stupid" is not just a funny slogan.
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  #25  
Old 03-15-2006, 03:15 PM
Lois822 Lois822 is offline
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Location: Pa.
 
Join Date: Dec 2005
Posts: 75
Mein Auto: 528
Downhill

I passed another used car dealer by chance in Pa. Lined up where all quality BMW's, Volvo, Audi's, ect. I scribbled down the name.

I brought up the web site and yet another clever addvertisment selling CPO BMW's ect. balance of CPO factory warrenty. BMW needs to make a decission where they are drawing the line.

Is it false advertising......? CPO follows the car until a BMW dealer choose's to cancel it.

I have 5 months worth of repair bills by BMW CPO only to find out it should have never passed.

The lawyer did not cost me a dime. If he loses I do not have to pay him anything.

I really do not see any other option at this point. I have a car with NO engine and still have payments plus insurance.
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