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BMW 3-Series (E90 E92) Forum
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HELP! I think my car may be a lemon
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03-22-2010, 09:20 PM | #1 |
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HELP! I think my car may be a lemon
Hey everyone,
I have an 09 e92 335i with 16600 miles on it. My right side oil filter/pump went out at 5000-6000 miles, my fuel pump went out at 9000 miles, my front and rear break pads were replaced as well as a sensor that was 'rubbing" at 15500 miles and today at 16600 miles my car cranked for several seconds before starting. A check engine light then appeared and it is now at the dealer for the fuel pump again. Also, between 1700 RPM and 2000 RPM there is a rattle from within the cabin. I'm not sure but I think it is from the drive train. Is my car a lemon? From what I have found out my car hasn't had the same problem repeatedly enough to make it a lemon. However, won't it take a very long time to fix the drive train rattle? If so, I only have about 1 month until my car is 18 months old and no longer qualifies for lemon law. Has anyone here lemoned a car before? Looking for any help I can get. Thanks |
03-22-2010, 09:22 PM | #2 |
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call a lemon lawyer asap in your state
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03-22-2010, 09:24 PM | #3 |
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Sorry to hear. I'm not familiar with the lemon law on your area but if it was CA, then it has to be 3 times for the same problem.
LOL, when life gives you a lemon, make lemonade! Haha |
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03-22-2010, 09:48 PM | #5 |
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I've lemoned a ES330 and an Infiniti G35. You need to single out a problem that damages the use, value or safety of the vehicle, each state's definition may vary. You already know about the time frame. In PA and NJ, after 3 repair attempts, you need to officially give the car maker, not its dealer a written notice to attempt 1 final repair under lemon law requirements. It is important you show proof of every single repair visit with service invoice. Some dealers do tricks such as not giving you the invoice if you didn't insist on getting it or combining 2 repair visits onto the same invoice and only showing 1 repair date all in effort to limit the car makers liability. I'm no lemon lawyer but it's been my experience. In strong cases they'll be able to swap out your car but in my cases they've settled with damage pay outs. It can take up to a year and a half until it settles out of court. I find it to be a major pain the fact my law firm kept pushing me to take the car in for service and every time I do, I get the brush off treatment, but at least I managed to show proof of service visits, up to 8 visits for the same problem. That helped greatly.
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03-22-2010, 09:50 PM | #6 |
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u need to satisfy either number of days out for service or number of repair attempts, either one for NJ and PA, not sure about CA
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03-22-2010, 09:50 PM | #7 |
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you have to have the same problem more then 3 times within 18 months in order to get lemon law. I had my 335i lemoned after i had 4 HPFP in 7 months. But maybe if you get a lawyer you can get your lemon law with all the issues you are having????? worth a shot right! GL
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03-22-2010, 10:38 PM | #8 |
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thanks guys, I have a combination of random problems, some recurring, along with several days out of service (some of which were spent with nothing done due to poor service). The drive train rattle is hopefully going to be the nail in the coffin. I'm contacting my attorney tomorrow.
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03-24-2010, 10:12 PM | #9 |
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I am in the process of a lemon my 2008 BMW 335I. Like everyone has stated above, you need to replace something within a certain amount of times. In California the lemon law states that the consumer must give the dealership/manufacturer a reasonable number of attempts. Unfortuneately, the lemon law is just a guideline and the number of attempts can be argued. I am lemoning my car under the HPFP problem, which has been replaced three times now, but I had the same problem with the rattle under the vehicle. That noise is most likely your wastegate, and depending on the year of your car they will probally have to replace it along with your turbos. Now, you are in a great position with your car failing the HPFP @ 9000 miles because that will be the useage mileage they will calculate for a refund if you do the lemon law. I suggest to you is keep driving your car until the HPFP fails again. You have already had the original, one new one, and now a second new fuel pump about to be put in. It will only be a matter of time before another one goes out, and when it does you will be able to file the lemon law. You just have to make your claims and save all of your receipts and claims. If you have any more questions just ask
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03-24-2010, 10:32 PM | #10 |
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I looked up the law in NJ recently because I've had 2 HPFPs replaced. One at 2500 miles and the second at 9200 miles. My latest HPFP started acting up and long cranking less than 1 tank of gas later. This morning I had the longest crank yet and then the service engine soon light went on at 9750 miles. In NJ, if you have 3 major problems in 24 months, you can lemon it if you give the manufacturer a certified written notice and a final attempt to fix the problem.
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