DEAR SUZANNE
By Suzanne Henderson
LETTER 79 – December 2022 | Concerned Mother
Dear Suzanne,Â
A vehicle I have always wished to own is the 2020 BMW X1 and I finally got around to leasing the vehicle sometime that same year. However, ever since I purchased this particular car, it has been one issue or the other. For a car I leased almost 3 years ago, I have just 12,000 miles on it and this should be proof of how defective it is.Â
If I had been warned of the problems that awaited me after getting this car, I definitely would have opted for another one. My problems began right after I got the car and it was that the check engine light was constantly on.
I reported this to them at the dealership and they simply told me to keep driving my car and that the light would turn off by itself. They said if it failed to turn off, I should bring it back so they could adjust the computer or whatever, which I did.
After this, the light still later came on and when I returned to the dealer, they said the solution was to get brakes on the car. This did not make any sense seeing that the car is brand new and so how do brakes solve the check engine light being on?! They then told me that my car had two recalls and that they would fix it but I had to fix the brakes, the tires, and a host of other things all by myself. After hearing that, I simply declined and asked them to make the basic repairs.Â
Now, all these issues pale in comparison to a certain situation where I urgently needed my vehicle but it failed to respond. On this fateful day, my son, who I let play football outside, suddenly screamed and I ran out to meet him only to discover he had fractured his hand. I immediately rushed to my car in an attempt to take him to the hospital.Â
Unfortunately, my car picked then of all moments not to respond; I tried igniting the engine several times all to no avail. I then called the dealership to tell them about the issue but they said they couldn’t attend to me at that moment. Note that all this time, my son was in serious pain and I was very concerned.Â
Thankfully, a neighbor of mine was home and noticed my dilemma so he offered to take my son to the hospital while I attended to my car. Eventually, I had to call my personal mechanic to come and check out the car, it was then he told me that the battery was weak and needed to be charged. He then gave my car a boost so the battery could get charged. Before he left, he also told me that something was fishy about my car because a brand new car shouldn’t be having these sorts of problems that I’m having with mine.Â
While he was saying all of these, I was less concerned as my thoughts were with my son who was injured. Thankfully, it was nothing serious but then I began to think, what if it was an actual health emergency where there were no alternatives, what would have happened?! This car really is good only in name but in reality, it is very horrible.Â
Another problem I encountered with this car is the fact that whenever I drive on the freeway, it tends to bend sideways instead of driving straight. Other problems include insane gas consumption and then jerking and violent vibrations when I drive.Â
During my time with this car, I have been so scared of driving it and this is why it has such low mileage for a car I owned for that long. I am so pissed due to that because what’s the point of having a car if I’m too fearful to drive it.Â
Moreover, adding to the fact that I have a kid and I need to get him safely to school, I don’t have time for all of these shenanigans that my car and dealer are trying to create. As such, I’m looking to discard this car as soon as possible.Â
Concerned Mother
Watch VIDEO: Get Informed About The BMW Lemon Law Buyback Option: Crucial Information You Should Know
It Sounds Like Your Dealer Is Shady
Dear Concerned Mother,
It seems like your dealer is trying to take advantage of you and I’m glad you’re not falling for their tricks. This is why it’s good to have a good knowledge of lemon law and how it works.Â
Now, the way this law works in California is that for you to qualify, your vehicle must have been to the BMW dealership two times for the same issues or three times for different issues. With these done while under the manufacturer warranty, the vehicle is deemed a lemon and thus, qualifies as a lemon law case.Â
The thing is your dealer sounds shady and with such little mileage, the car is still under the warranty period which is divided into two. The first is called the basic warranty and it covers anything bumper-to-bumper i.e electrical, power steering, and brakes. The second one is the powertrain warranty and it covers engine and transmission issues; these two warranties expire after 4 years or 50,000 miles.Â
Just like I said previously, you’re still on little miles so there’s a little bit of wiggle room on what your attorney can do for you regarding your options. However, it is best to get things started on your BMW Lemon Law claim as soon as possible while you still have low mileage and seeing as your lease is coming to an end. This is to avoid any form of pushback or deductions from the manufacturer.Â
The first option you can select is known as the buyback and it basically means that the automakers will buy back this vehicle from you. They would also be paying you back every penny that has been spent on the car including your monthly payments and down payment. Moreover, your taxes and interest are included as well and if you took out a loan on the vehicle, they will refund the finance company in full.Â
The only deduction to take from the buyback offer is the mileage offset. It simply means that the manufacturers have the right to charge you for the period you drove the car during which you encountered no problems. This will be calculated based on your mileage as of your first visit to the dealer.Â
Now, seeing as your mileage at that period was about 300 to 400 miles, there is not much that they can charge you. And even with that, your attorney can help you in getting them to waive this charge in full or half considering they sold you a defective vehicle.Â
The second option is cash and keep which is basically where the manufacturers give you cash compensation for the issues you’re having. Here, you get to keep the vehicle, your warranty will not be voided or canceled and if you later decide to sell the car, you do not have to deem it a lemon to the next owner.Â
The good thing about getting your vehicle in California is that it is a very consumer-friendly state and so lemon cases are taken fully on contingency. This implies that you will not be charged for anything whether win or lose, because legally, the manufacturer is responsible for the attorney fees. Not only that but 100% of the settlement will be going over to you.Â
During the period that your case is still active, if you encounter any problems with your car, take it to the dealership for repairs and receive the proper documents. This is so that your attorney can have more evidence of your car’s defects to add to your case file because the more visits you have, the more money you are liable to get.
Suzanne
Free Legal Advice About Your 2020 BMW X1 Lemon Law Claim
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about California’s lemon law protections here, fill out the form on this page, or give us a call at (323) 553-7525 to discuss your situation with someone who understands how frustrating it can be to have a lemon car, and what to do about it.
DEAR SUZANNE is a weekly column written by Suzanne Henderson and published in LemonLawyers.ORG. If you have a defective lemon vehicle and have questions about CA Lemon Law or how to file a claim in California, please write to [email protected]. While not guaranteed, we will try to feature your letter in this column to provide you the answers you need, as well as enlighten other consumers who may have lemon problems similar to yours.
Disclaimer: Suzanne Henderson is not a lawyer and the points discussed here are intended for general information and reference purposes only and not to be construed as legal advice. Please consult a CA Lemon Law Attorney to get proper legal advice about your lemon law claim.
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Featured Image:
- 2020 BMW X1 ©Vauxford (CC BY-SA 4.0 License)