DEAR SUZANNE
By Suzanne Henderson
LETTER 75 – November 2022 | Disappointed
Dear Suzanne,
As a busy businessman and father, my family traditions and my children’s birthdays are extremely important to me. Unfortunately, my 2022 BMW 340i has caused me to break one of these traditions, missing my last child’s fourth birthday celebration. This was a huge disappointment for me and my family, and something I never want to experience again.
Since leasing this car early this year, I’ve had to take it to the BMW dealership four times due to various issues. The first time was when the check engine light kept flickering, but the dealership told me there was no problem and to just keep driving the car.
The second visit was for leaking antifreeze coolant and excessive smoke from the exhaust, as well as power loss on the freeway. Despite the dealership’s attempts to fix the car, it broke down just minutes after I picked it up both times.
The third visit, which caused me to miss my son’s birthday, was particularly frustrating. I was on my way home from a business trip when my car began to lose power and emit smoke from the exhaust, just like before. I was stranded in the middle of nowhere, with no one to call and no nearby car service. My dealer told me I was too far away for them to come pick me up, so I had to interrupt my son’s party and have my wife come get me, leaving my car on the side of the road. When I returned the next day with a tow truck, the dealership was still unable to fully fix the car, and the same issues have come up again on my fourth visit.
I am tired of experiencing these constant problems with my car, and I have two years and a couple of months left on my lease. I don’t want to wait that long to be rid of these issues, and I’m not sure what to do. Can you offer any advice on what steps I can take to address these problems and make sure my car is reliable for my family?
Disappointed
Watch VIDEO: Get Informed About The BMW Lemon Law Buyback Option: Crucial Information You Should Know
Your Car Problems Are Too Many For A 2022 Model
Dear Disappointed,
I’m so sorry to hear about the problems you’ve been having with your BMW and how it’s caused you to miss your son’s birthday. That must have been incredibly frustrating and disappointing for you. I can understand how you must feel, especially since you’ve had four visits to the dealership already and the issues still persist.
From what you’ve shared, it sounds like you might have a lemon on your hands. In California, a car can be considered a lemon if it has significant defects that can’t be repaired after a reasonable number of attempts. In general, if your car has been in the shop for the same issue three or more times, or if it’s been in the shop for a cumulative total of 30 days or more, it may be considered a lemon.
Since you leased your car and it’s still within the warranty period, you may be able to seek relief through California’s lemon law. The good news is that California requires the manufacturer to provide free legal representation for you in lemon law cases, so you won’t have to worry about paying for a lawyer yourself.
There are two main options for resolving a lemon law case: a buyback or a cash and keep. In a buyback, BMW will buy back your car from you and compensate you for everything you’ve paid for the vehicle, including your down payment, monthly payments, taxes, and even interest. The only deduction that may be taken is for the mileage offset, which is the amount you drove the car without any issues. Since you mentioned your car has around 18,000 to 19,000 miles, the mileage offset may not be significant. Your attorney can negotiate with the manufacturer to have this offset waived or reduced.
The other option is a cash and keep, where you’ll receive a cash settlement for your troubles, but you get to keep the car. The amount of the settlement will depend on various factors, such as your mileage, the number of visits you’ve had, the number of days your car has been in the shop, and the severity of the issues you’ve had.
I recommend speaking with an experienced lemon law attorney to discuss your options and determine the best course of action for you. Your attorney can help you navigate the process and fight for the compensation you deserve. In the meantime, I suggest keeping detailed records of all your visits to the dealership, including the date, the issue you reported, and any repairs that were performed. This information will be helpful in building your case.
I hope this helps and that you’re able to resolve this matter quickly. Good luck!
Suzanne
Free Legal Advice About Your 2022 BMW 3340I 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 help@lemonlawyers.org. 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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- How To Avoid Buying A Lemon & What To Do If You Already Bought One
- 7 Mistakes You Don’t Want To Make When Filing A Lemon Law Case
- Eight Things You Need To Know About California Lemon Law
Featured Image:
- 2022 BMW 3340I ©Damian B Oh (CC BY-SA 4.0 License)
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