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BMW 3-Series (E90 E92) Forum
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HELP! Lemon Law/ Buy Back from BMW
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12-06-2007, 11:15 AM | #1 |
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HELP! Lemon Law/ Buy Back from BMW
BMW is "buying back" my 335i. All they are offering is my payments and down, but minus a hit for miles. I am technically not over my allowed lease miles, (I am allowed 30,000 for 24 months, I have 26,000 with 11 months to go) but am over for "use" they allow in a formula.
I heard BMW was very generous, such as a buy back plus cash or the keys to a new one and taking over where you left off but in a new car. It is costing me a about $5k to get out of it because of the mileage hit. (26,000 miles, bought in Nov 06. Any advice before I sign the papers? This seems like a "middle finger" to me... RE: A sensor in the car kept setting the brake warning light off. The car was being told it had 400,000 miles and no brake jobs in that mileage. It happened 3 times. Plus 3 fuel pumps and had the Oil Cooler retrofit only after a war with the dealer and letters to Corp. |
12-06-2007, 11:23 AM | #2 |
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Sounds like you don't have much choice if you want out, you'll probably have to pay the $5k. I remember that clause about the mileage and their formula when I signed my lease. Seems like a car that may not be able to be resold shouldn't get a penalty for miles. Most mileage penalties come because the car will be re-sold or re-leased to someone, no?
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12-06-2007, 11:26 AM | #3 |
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Search my username and read my buy back saga. You won't get buy back + cash and usually you shouldn't have to fork out anything for a mileage hit but you are doing nearly double the mileage. I only had 6500 miles in 6 months on my car but it was in the shop for over 1 month of that.
So the buy back will your down + your 13 months of payment back, right? So they should deduct the projected mileage overage from your buy back. If the projected mileage overage is $5000 total, you still should have no out of pocket because your buy back would be more than that. |
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12-06-2007, 01:26 PM | #4 |
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Wow, 26K miles in 13 months of driving.
You were allotted 15k every 12 months. You drove about 10k miles more than that. So basically they are charging you for 10K in excessive miles. Check you lease contract and see what they wrote in their they would charge you for excessive miles past the 30K mark. It should be like .25 cents per mile? That would be $2,500 If that's the case, they should be deducting the $2,500 from what they are giving you from the buy back. I don't see it's possible that it should COST you $5K, unless you mean that's what the total cost to you would be for having the car for those 13 months. If so, that's $385 a month. Not too bad considering you drove 26K miles in that period. You got to drive a BMW 335i for 26k miles for what it would cost someone who leased a Toyota Camry (you just had to put up with a couple lemon issues in the process). |
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12-06-2007, 02:18 PM | #5 |
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If i understand correctly you are getting all of your payments back along with the down payment minus $5000 for use. I think what they are offering you is more than fair. You got use of a vehicle for over a year and it only cost you $5000. Also, consider that the vehicle did work well enough to go those 26000 miles. Sounds to me like you are being pretty greedy. Do you expect them to give you all of your money back plus additional money for your mental stress of writing a letter or talking to an attorney? Be happy with what they gave you. Look at it as an opportunity to get a new car sooner.
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12-06-2007, 02:35 PM | #7 |
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Might be challenging since he has only 4000miles left for 11 months.
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12-06-2007, 02:56 PM | #8 |
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why are you leasing??
26k in 13 months and that does not include subtracting out the shop time for 3 fuel pumps, 3 brake sensors and oil cooler retrofit. I would convert to financing it because if you are going to put 50k miles on it in 24 months the overage will kill you wouldn't it?
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12-06-2007, 03:09 PM | #9 | |
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I already knew I'd do those miles when I first leased. My reasoning to lease is that I want out of a car 24 months or less. I want warranty coverage for my entire ownership, getting a new one all the time alleviates me of worrying about unseen expenses. Plus it was a "play now, pay later thing." I re-started my career elsewhere and figured I'd be making plenty of money by now, which would have taken care of it. I figured if I'd bought the extra miles off the website as they allow, it would have only been $3k for the overage. Anyway, this whole deal seems to look better and better. I'm signing. |
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12-06-2007, 03:39 PM | #11 | |
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12-06-2007, 05:11 PM | #12 |
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Many states have lemon laws that spell out specifically what they have to pay you back. Look it up - if CA is the same then there isn't any negotiating on either side. YOu may be able claim incidental expenses beyond that (tow fees etc.), but you have to have receipts.
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12-07-2007, 01:36 AM | #14 |
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CA lemon law states 18 months or 18000 miles. You're well over the 18000 miles. I'm not sure how you're getting a buy back via lemon law at all. In a real lemon law buy back, you should only have to pay "fair" mileage usage for your overage.
Sounds to me like you're being handed a gift since you really shouldn't be able to declare lemon at that mileage. Did you talk buy back on a previous incident? Regardless, good decision to take the deal and for god's sake, DON'T LEASE if you're doing that many miles! |
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12-07-2007, 02:23 AM | #16 |
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buyback on a lease... you don't own the car, so of course they're going to charge you for the amount you used it.
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12-07-2007, 03:27 PM | #17 | |
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12-07-2007, 05:10 PM | #18 |
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i was taken out of a e90 330i in 1 year. I had put 36K miles on the car and it was a 3 year lease. and they took me out of it and put me into a z4m. But i put money down on my Z4M just cause... But also had an e90 325i that was 2 months in with 3K miles in 2 months and 30K miles for 36 months aloud. They took me out and put me in a 328i for not a penny more. And than I traded the 328i and got into a 335i coupe. What a deal they made me. Love it, bmw is awsome.
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12-07-2007, 07:02 PM | #19 | |
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how did you manage to do that? |
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12-07-2007, 10:15 PM | #20 | |
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I have won 3 lemon law cases thru-out the years. In general, its in the shop more than 30 days in a 12 or 18 mth period, I forget which. OR 4 repair attempts for a non-safety issue or 2 repair attempts for a safety issue no matter the mileage as long as the first repair attempt is within the warranty period. Also there is a mathmatical formula used for the mileage offset. The mileage stops after the first repair attempt. There are other stipulations, so do a google search "CA lemon law" AKA the Song and Beverly Act.
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