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F10 / F11 (2011 - Current)
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  #1  
Old 10-01-2011, 08:14 PM
dbs600 dbs600 is offline
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Pulling to the Right and Lemon Law

Has anyone had their car replaced or bought back due to pulling to the right concerns voluntarily by BMW of North America or under your state's Lemon Law? Please advise.

Last edited by dbs600; 10-14-2011 at 08:57 AM.
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  #2  
Old 10-01-2011, 08:17 PM
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Stealth.Pilot Stealth.Pilot is offline
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Executing this helps if you have a cooperative dealer. Lemon law process is pretty well defined - it's not whether BMW volunteers or not. All you need to do is go through the steps and have them documented. The steps document that you gave the dealer the specified number of attempts to fix the problem and that the problem has been observed by the dealer on several instances. Then the dealer will usually trigger the process for you.

The problem arises when they claim there is nothing wrong and refuse to document the issue. Then you need a lawyer.
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Old 10-01-2011, 08:28 PM
cawwt cawwt is offline
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Can you please share how badly your "pulling to the right" problem is? Have any dealer attempted to fix it without success?

My 528i also have the problem. A stealership almost has it fixed. Now I think my car drives straight. But when going straight, the steering wheel is slightly off center.

I brought it back, Luckily the service agent didn't try to talk me out of the problem. It turned out that another alignment couldn't fix the off the center problem. And so now they are probably talking with BMW NA. I have no idea when it will be fixed, or whether it can be fixed.

Even if they can fix the problem now. I am concerned that how long such a fix can last. I bought the car and plan to keep it for at least 5 years.
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Old 10-02-2011, 04:56 AM
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shawnsheridan shawnsheridan is offline
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Well, I have not experienced the problem myself; however, I am driving one that the Dealer bought back from the original owner with 1,200 miles on it for Pulling to the Right. I have had no issues at all with it, and I am now at 7,000 miles. I am not worried about it at all. Get it fixed right, and enjoy the car.
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Old 10-02-2011, 05:24 AM
radarguy radarguy is offline
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I am not a lawyer, but I'm slightly familiar with the process here in Connecticut. First, let me say every state is different so you should find and download the relevant documents. I would suggest getting the originals, not some synopsis from a lawyer that wants your business. In my state, you fill out a form and submit it to the state along with $50 and supporting documentation such as repair attempts and days in repair. Your case is accepted if the documentation shows that you meet the criteria as outlined in the law which is very specific. Otherwise your $50 is refunded and you are on your own.

Connecticut specifically tells you that there is no need to work with your dealer or manufacturer or even tell them that you are submitting a lemon law case. However, the state will submit the case to arbitration before any "lemon" decisions are made.

Having said that, I would gather all of the facts and write a synopsis for myself so that I truly understood the case and its relevance to the law. Then I would approach the dealer and tell them what I am doing - not to threaten them, but to get some feedback. Also, if the idea of an assisted trade from BMW appeals to you, this is the way to do it.

An assisted trade is an arrangement by BMW NA to get you in another BMW. I have no experience with a trade assist, but from what I read in this forum and according to my dealer, they can be very attractive. This is where you need your dealer on your side. If they go to bat for you to BMW NA you have a much better chance of success when seeking a trade assist. I suppose it is to the dealer's advantage because they keep you happy and make another sale.

The dealer could help you with a request for a buy back from BMW NA, but my understanding is that this is rare. If you don't want another BMW, a buy back may be the way to go before you attempt a lemon law case. On the other hand, if your state insists on arbitration before a lemon decision this may be how you get your buy back before the car acquires a lemon title.

Also, for a pulling to the right problem I would have someone in the back seat take short videos under various circumstances to prove your case before the state. I doubt that the fact that many other owners have the same problem is relevant to any individual lemon case.

To summarize:
  1. Truly understand your position by taking an objective view of your case and the law in your state.
  2. If a trade assist appeals to you work with your dealer after you complete #1 above.
  3. If a trade assist does not appeal to you or is rejected, then go for the lemon case and good luck.
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  #6  
Old 10-02-2011, 06:42 AM
nlk10010 nlk10010 is offline
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Quote:
Originally Posted by dbs600 View Post
Has anyone had their car replaced or bought back due to pulling to the right concerns voluntarily by BMW of North America or under your state's Lemon Law? Please advise. Thank you!
Just to follow up on what others have said: in NYS you can pursue Lemon Law relief if either the problem is documented and you have given BMW a set number of attempts to fix it or BMW pulls their "operating as designed, there is no problem" and refuses to even attempt to fix it; i.e. they do not acknowledge there is a problem. Of course in this latter case you have to have what you consider sufficient proof that a problem does indeed exist. Remember that BMW has access to specifications you never see that they tend to "pull out" at the last minute to buttress their arguments.

Just download the information booklet from the NYS site.

I don't know under which category your issue falls. Good Luck.

Last edited by nlk10010; 10-02-2011 at 06:44 AM.
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Old 10-02-2011, 04:48 PM
dbs600 dbs600 is offline
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Thank you for your most detailed replies everyone!

I have an F01 7 and I am experiencing what those with the F10 5 are; the car pulls to the right, and it is NOT road crown, as I experienced same when the car was brand new, in Germany, on European Delivery, at autobahn speed, where I had to hold the steering wheel slightly to the left to keep the car straight. And, the problem continues here in the US, where if the steering wheel is let go and the car is coasting on local or highway roads at our slower speeds it notches to the right and the car pulls right from there - happening at speeds between 30 and 40 and above 70 MPH. I'd say it takes one or two seconds for the steering wheel to notch right if the road is flawless, but it otherwise does so immediately on rolling over the most minor of road imperfections.

Over the course of 7 dealer visits, I've had 4 alignments, 3 of which where free of charge, the last of which I paid for, as same was performed at my request. But, yes, everyone who has replied is 100% correct, BMW has claimed that there is nothing wrong with the car and that poor road conditions have caused the need for constant alignments which is just not true! And nlk, you cannot be more correct, BMW has even gone to the extent of fabricating evidence by modifying R.O.'s that were kept 'open' after I picked up my car to reflect that other items I arbitrated over were goodwilled instead of having been replaced under warranty, which is not only ludacris, but fraudulent. Otherwise, I WISH I did what radarguy proposes filmed my car pulling to the right.

Anyway, as shawn stated, it seems as though some have had BMW buy back cars for this problem, and I want to get a better sense of how many people are prevailing whether through BMW directly or via their state's lemon law. This is all very unfair.

Last edited by dbs600; 10-14-2011 at 09:00 AM.
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  #8  
Old 10-02-2011, 05:48 PM
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07X3platinum 07X3platinum is offline
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The problem could be caused by a RADIAL PULL in the tires. A Hunter road-force balancing machine could tell you if one of the tires is defective or causing a pull.
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Old 10-02-2011, 08:51 PM
dbs600 dbs600 is offline
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Some wheels and tires have been replaced and all have always balanced, etc...
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