[Chuck76]

Hi All,
First I love my X3 M Sport. I also have a 09 Z4.

I'm looking for advice and maybe some education on the lemon law as my 2012 X3 is having issues. I'm not looking for an excuse to return the car because I really enjoy it, but I am having issues with the check engine light.

12/30/11 - Purchased car.

01/04/12 147 Miles - Engine light. No errors in iDrive.
174 Performed vehicle test and plan AT1214-TVD-TEV-FUEL TANK VENT VALUE PLAN STATES FAULT CAN BE IGNORED. Clear fault code.

01/18/12 564 Miles - Engine light. No error in iDrive.
Replacing tank venting valve. Cleared fault code.

01/31/12 947 Miles - Engine light. No error in iDrive.
Contacted PUMA, replace tank venting valve again.

02/03/12 1030 Miles - Engine light. No error in iDrive.
BMW wants us to replace the DME and two pressure sensors. The DME is the main electronics brain. We have to order the parts and they are coming from Germany. It could take a week or so before the parts arrive.

So if it happens again after the DME replacement and sensors...is this car now considered a possible lemon?

[Harplayr]

The laws vary from state to state. I had a 2010 Subaru Outback that was a lemon and I used these guys.
You can use this site to see what the law is in your area.
http://www.krohnandmoss.com/

They collect their fees from the manufacturer and only charge you court filing fees (amounts to less than $100 in most cases). So if you can’t get results from BMW, it might be worth checking into.

[Traveling1]

My brother in law's 2007 328i convertible, with 92,000 miles on it has had the check engine light on, most of the time, since brand new.
He has brought it back several times over the years to get this resolved and the dealership which is located on Long Island,NY, cannot fix it.
They have told him it's no big thing and he should learn to live with it.

[Nahoa]

That's a very poor answer they gave him. Aside from the basic "product not working properly" bit, what if a real issue does crop up?

[RxCritical]

Check to see what your state law's are on Lemon's.
Typically they give the dealer 3 attempts to fix something and after you give a written lemon law notice they have one additional attempt. You do not necessarily need a lawyer. Typically they have the option to refund your money or give you a new vehicle.
YMMV and good luck,
Paul

[Harplayr]

Originally Posted by RxCritical

Check to see what your state law's are on Lemon's.
Typically they give the dealer 3 attempts to fix something and after you give a written lemon law notice they have one additional attempt. You do not necessarily need a lawyer. Typically they have the option to refund your money or give you a new vehicle.
YMMV and good luck,
Paul

I would NEVER recommend going without a lawyer.
Subaru fought me tooth and nail and if I hadn’t had decent representation I seriously doubt I would have been successful.

Many of the firms that specialize in Lemon Law cases do not charge you attorney fees. They collect them from the auto maker as part of the settlement. With that in mind why would anybody risk going up against BMW’s corporate attorneys without your own lawyer in tow?

[RxCritical]

Originally Posted by Harplayr

I would NEVER recommend going without a lawyer.
Subaru fought me tooth and nail and if I hadn’t had decent representation I seriously doubt I would have been successful.

Many of the firms that specialize in Lemon Law cases do not charge you attorney fees. They collect them from the auto maker as part of the settlement. With that in mind why would anybody risk going up against BMW’s corporate attorneys without your own lawyer in tow?

I went up against Nissan without a lawyer and won. The facts will speak for themselves. But whatever he is comfortable with.

[Harplayr]

Originally Posted by RxCritical

I went up against Nissan without a lawyer and won. The facts will speak for themselves. But whatever he is comfortable with.

Congratulations, you were lucky.

The smart thing when going up against corporate lawyers whose job it is to limit their client’s losses is to come well armed…..especially if it doesn’t cost you anything.

But in the mean time documentation is key.
Keep ALL service reports, if you talk to BMWUSA make sure all discussions are backed up via email.

[Chuck76]

I'm in contact with my attorney. I will definitely give you guys an update later to this matter.

[kidney1]

Same Issue!
4th time to dealer tomorrow. Last time replaced some O-ring near the canister behind the right rear wheelwell. Fix lasted for about 2 weeks. Seems to occur when the outside temperature fluctuates more than 20 degrees.
I"m getin' tired of goig back and forth.
Shoudda stayed in the M3.

[RxCritical]

Originally Posted by Harplayr

But in the mean time documentation is key.
Keep ALL service reports, if you talk to BMWUSA make sure all discussions are backed up via email.

This is incredibly true. Keep a record of EVERYTHING! They cannot dispute FACTS.

[Chuck76]

A small update...I lawyered up and he states this is definitely a lemon case. He will start filing Monday.

[Chuck76]

Originally Posted by kidney1

Same Issue!
4th time to dealer tomorrow. Last time replaced some O-ring near the canister behind the right rear wheelwell. Fix lasted for about 2 weeks. Seems to occur when the outside temperature fluctuates more than 20 degrees.
I"m getin' tired of goig back and forth.
Shoudda stayed in the M3.

I'm just pissed because I got the whole car clear bra'd. If it goes back to BMW, that is non refundable.

[RxCritical]

Originally Posted by Chuck76

I'm just pissed because I got the whole car clear bra'd. If it goes back to BMW, that is non refundable.

Not to mention all the time you have tied up in this.

Good Luck and let us know how it turns out!

[degarfs]

Does anyone know the lemon law in Australia?

[KF]

Originally Posted by degarfs

Does anyone know the lemon law in Australia?

Hi all

It is called the Merchantable Goods act.

Supposedly covers you when a sale item does not do what it should.

I have no knowledge of anyone wining a claim

KF

[LFC]

I'm curious about a similar issue. I brought my 2011 X3 in on January 16th for a steering loss and related fault code and I went to pick up the X3 today, Feb. 14th. They finally replaced the entire steering after waiting 3 weeks to get the part. The car was out of service for 4 weeks.

I checked the MA lemon law and it doesn't contain any language related to parts being on backorder. It states 15 business days out of service. I do know the steering assembly is a major component and the car was not safe to drive while awaiting the part. I called BMW customer care after about 3 weeks to note that I don't appreciate paying for a car that I'm unable to drive. They said they will contact the dealer and offered to pay my car loan for the month. It seems like an arbitrary amount, since it depends on how and if the car was financed. Also, I'm not too thrilled to have the steering replaced on my carfax history. I prefer to get a replacement X3 if I qualify, but I'm not sure if I have to contact a lawyer or if the car clearly qualifies since it was out of service for 4 weeks. On a side note, I have to wait a few more days to pick up my car because there was a scratch and bump on my rear bumper that I noticed wasn't there when I dropped off the car.

[Chuck76]

Just as an update. BMW NA agreed to take the car back. I was hesitant as I really like the car and service swapped out the dmi (computer) and it looked good, but on 2/22 ~6:42 engine light came on again. 5th time!

I think I'm now going to wait and see what the X4 or the 2013 X5 has to reveal.

[02420X3]

If you really like your X3 then see what the 2013 X3 (available in April) has to offer.

[erv.walter]

The requirements in Wisconsin are pretty significant/hard to meet:

Your vehicle is a lemon if all of the following statements are true:

• You bought or leased a new vehicle.
• The vehicle is a car, truck, motorcycle or motor home.
• The vehicle developed a defect or defects during its first year and before the warranty expired.
• The defect seriously harms the vehicle's use, value or safety.
• One of the following happened during the vehicle's first year and before the warranty expired:
  • The dealer failed four times to fix the same defect; OR
  • The vehicle was out of service for 30 days or more due to defects

[Harplayr]

Originally Posted by Chuck76

Just as an update. BMW NA agreed to take the car back. I was hesitant as I really like the car and service swapped out the dmi (computer) and it looked good, but on 2/22 ~6:42 engine light came on again. 5th time!

I think I'm now going to wait and see what the X4 or the 2013 X5 has to reveal.

It’s good to hear that BMW is stepping up to the plate to make things right!

[lbjgh]

Like Harplayr, I'm glad to hear BMW stepped up to the plate...

I wonder what unlucky used car buyer is gonna get stuck with the problems for a 'deal'?

Originally Posted by Chuck76

Just as an update. BMW NA agreed to take the car back. I was hesitant as I really like the car and service swapped out the dmi (computer) and it looked good, but on 2/22 ~6:42 engine light came on again. 5th time!

I think I'm now going to wait and see what the X4 or the 2013 X5 has to reveal.