lemon law problem

I have had 2 service attempts(which I have records for); I am trying to get them to fix if for a third time so I can initiate FL lemon law; dealer is refusing to take it in for the 3rd time; saying issue is under investigation and there is no fix at this point. Are they allowed to do this?! FL lemon law is very specific that there must have been 3 attempts; so dealer can basically refuse service to avoid a lemon law case?!?!

(technically it was 3 attempts but they had me test drive after the first attempt and since it did not fix the issue, they did not give me the paper work for the first attempt.)

How about going to another dealer? As long as it is a BMW authorized service center it should make no difference to the Lemon Law which particular BMW dealer you took the car to. Who knows, the new dealer might even fix your problem. Be sure to get the paperwork however!

Originally Posted by archer636

I have had 2 service attempts(which I have records for); I am trying to get them to fix if for a third time so I can initiate FL lemon law; dealer is refusing to take it in for the 3rd time; saying issue is under investigation and there is no fix at this point. Are they allowed to do this?! FL lemon law is very specific that there must have been 3 attempts; so dealer can basically refuse service to avoid a lemon law case?!?!

(technically it was 3 attempts but they had me test drive after the first attempt and since it did not fix the issue, they did not give me the paper work for the first attempt.)

Is it a safety issue?

I agree you could take it to a different dealer -- your issue is with BMW corporate, not the dealer. They shouldn't be able to stonewall you, but ultimately an arbitrator or a judge will have to decide if you gave them a reasonable opportunity to repair the non-conformity.

However, keep in mind that you have to show three attempts to fix the same non-conformity, then a final attempt after the required statutory notice. Make sure they describe your complaint the same way each time on the servcie ticket--or they could claim you were having different problems addressed.

Also, remember this must affect the use, value or safety of the vehicle to quality. Minor or cosmetic problems don't count.

Finally -- as someone who has seen a lot of these -- don't be too eager to Lemon Law the car. You have to pay an offset for the use of the car, and it is significant. Lemon Law is a great way to get out of a true lemon, but it is definitely not a windfall. You would be much better off if the dealer can actually fix the non-conformity.

Good luck to you.

Originally Posted by DDGator

You have to pay an offset for the use of the car, and it is significant. Lemon Law is a great way to get out of a true lemon, but it is definitely not a windfall. You would be much better off if the dealer can actually fix the non-conformity.

Good luck to you.

The offset applies from the first notification of the problem, so depending on when that is (mileage wise), this could be a windfall. Example, I lemon-lawed a 2004 Nissan Armada because of issues with the front brakes. The first problem was noted at 700 miles. We lived with it for 16 months and 17,000 miles. When our lemon-law case was finally resolved, the offset was 700 miles, at a fixed amount per mile (believe it was 12 cents, but could be wrong, this was a long time ago). We got our original purchase price, plus any options added later, at retail value (not pro-rated), plus finance charges incurred on the loan, plus registration costs incurred. My wife drove the car for 17,000 miles for the cost of gas and oil changes & normal maintenance.

That is not the case in Florida -- the reasonable use deduction is figured on the mileage when you turn the lemon back in. It is not a fixed rate per mile, but a pro-rated value based upon the expected life of the vehicle, which the law considers to be 120,000 miles. Thus, more expensive vehicles have higher use deductions.

In Florida, I have never seen a consumer think they got a windfall. Happy to get out of a bad car? Yes. Driving a car for basically free? No. Sounds like California law may be more consumer oriented.

Originally Posted by DDGator

That is not the case in Florida -- the reasonable use deduction is figured on the mileage when you turn the lemon back in. It is not a fixed rate per mile, but a pro-rated value based upon the expected life of the vehicle, which the law considers to be 120,000 miles. Thus, more expensive vehicles have higher use deductions.

In Florida, I have never seen a consumer think they got a windfall. Happy to get out of a bad car? Yes. Driving a car for basically free? No. Sounds like California law may be more consumer oriented.

The California law has the same expected life (120,000 miles), but you are correct, the pro-rate begins on the first occurrence of the problem. I was incorrect when I said it was a fixed price per mile, it is a calculated value based on a pro-rated portion of the original purchase price.

Originally Posted by DDGator

That is not the case in Florida -- the reasonable use deduction is figured on the mileage when you turn the lemon back in. It is not a fixed rate per mile, but a pro-rated value based upon the expected life of the vehicle, which the law considers to be 120,000 miles. Thus, more expensive vehicles have higher use deductions.

In Florida, I have never seen a consumer think they got a windfall. Happy to get out of a bad car? Yes. Driving a car for basically free? No. Sounds like California law may be more consumer oriented.

In 1998 I had the second Mercedes ML 320 delivered in the Tampa Bay area...After numerous problems and lemon law process I received a brand new ML320, later model year, with more options...They did a "substitution of collateral" on my lease and essentially just changed the VIN number. I basically had a zero mile 1999 ML in a lease that i had already used about 11,000 miles on and a higher residual vehicle. At the end of the lease, I traded the car for about $5,000 more than the "old residual"


Sometimes it is well worth the effort...I make a habit of documenting any issue in the ownership of a new vehicle as you never know what will happen.

Originally Posted by cwickberg

In 1998 I had the second Mercedes ML 320 delivered in the Tampa Bay area...After numerous problems and lemon law process I received a brand new ML320, later model year, with more options...They did a "substitution of collateral" on my lease and essentially just changed the VIN number. I basically had a zero mile 1999 ML in a lease that i had already used about 11,000 miles on and a higher residual vehicle. At the end of the lease, I traded the car for about $5,000 more than the "old residual"


Sometimes it is well worth the effort...I make a habit of documenting any issue in the ownership of a new vehicle as you never know what will happen.

The same thing happened to me in NJ - well worth the effort! I've got a 2012 for the price of 2011 with a few $K of free options.