Lemon Law Buyback?

[ridgebackpilot]

Has anyone successfully had their new or CPO car bought back or replaced by the dealership under your state's lemon law?

I have a 2016 BMW 340i that has been in the shop with repeated engine problems since I purchased it several months ago. It's a CPO car with a few weeks left on the manufacturer's new car warranty.

Should I write the dealership demanding they buy it back under California's lemon law before the new car warranty runs out?

[sccredit]

I don't think lemon law applies to used (CPO) vehicles. May want to reach out to a lemon law attorney and see what they say.

[Anonymous]

Lemon Law would be with the Manufacturer, not the dealer.  California info below:

https://www.dca.ca.gov/acp/pdf_files/englemn.pdf#7

[ridgebackpilot]

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@sccredit wrote:

I don't think lemon law applies to used (CPO) vehicles. May want to reach out to a lemon law attorney and see what they say.

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California's lemon law applies to any vehicle still under a new car warranty, which includes many CPO cars. It also applies to vehicles under CPO warranty, which typically extends the new car warranty for another year. There is no requirement that the current owner be the original owner.

[Brian_Earl_Spilner]

You can try. In the end, I think you can hold the dealer accountable for offering it as CPO. Their list of things they're supposed to check in order to offer a car as CPO, should have caught any issues.

[Anonymous]

There are many law firms that specialize in lemon law.

Google and talk to one or two there is no charge.

In 1996 I had a new Z28 Camaro bought back under lemon law when he law was in its infant stage.

Ask the expert lawyers since it won't cost you anything.

[ridgebackpilot]

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@Brian_Earl_Spilner wrote:

You can try. In the end, I think you can hold the dealer accountable for offering it as CPO. Their list of things they're supposed to check in order to offer a car as CPO, should have caught any issues.

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Update: I wrote the dealership, demanding they buyback my vehicle due to three incidents of the same engine problem in six months.

The dealership General Manager wrote back via Email right away, refusing to buyback the vehicle because the engine problems were "minor" and not life threatening. According to him, California's lemon law only applies to life threatening problems. (Wrong!)

I consulted an experienced California lemon law attorney, who told me I probably have a valid claim. He said many people, including car dealers, don't understand our state's lemon law. For one thing, the law covers any car under warranty, including new cars and certified pre-owned vehicles. Also, repeated engine problems qualify, not just "life threatening" issues. And, as @Brian_Earl_Spilner pointed out, the dealership should have caught and addressed the engine issue during its CPO certification inspection. However, he also said BMW usually pushes back hard against buyback claims but eventually settles many of these cases. We'll see about that!

[sccredit]

Best of luck. Nothing worse than an unreliable car you  have to make a payment on.

[Anonymous]

I read through that .pdf upthread. Said the Lemon Law applies up to 18mo time or 18k miles after delivery, whichever comes first. Do all your issues fall within those requirements?

"Within the Song-Beverly Act, there is a presumption guideline wherein it is presumed that a vehicle is a “lemon” if the following criteria are met within 18 months of delivery to the buyer or lessee or 18,000 miles on the vehicle’s odometer, whichever comes first, one or more of the following occurs:1. The manufacturer or its agents have made two or more attempts to repair a warranty problem that results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven.OR2. The manufacturer or its agents have made four or more attempts to repair the same warranty problem.If required by the warranty materials or by the owner’s manual, the consumer must directly notify the manufacturer about the problem(s), preferably in writing. The notice must be sent to the address shown in the warranty or owner’s manual (for 1 and 2 above).OR3. The vehicle has been out of service for more than 30 days (not necessarily consecutively) while being repaired for any number of warranty problems and the problems must be covered by the warranty, substantially reduce the vehicle’s use, value, or safety to the consumer and are not caused by abuse of the vehicle."

[ridgebackpilot]

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@Anonymous wrote:

I read through that .pdf upthread. Said the Lemon Law applies up to 18mo time or 18k miles after delivery, whichever comes first. Do all your issues fall within those requirements?

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According to the lemon-law attorney I consulted, the statute applies to all cars under warranty, not just low-mileage vehicles. Here's a useful article they wrote on the subject. From what they told me, California has very strong consumer-protection laws and the state's lemon law applies to a far wider range of vehicles than most of us might think.