This is the third or fourth valvetronic/engine limp mode on out '12 CM since new (bought in Dec '11) and I'm over this car. Wife is now straned 150 miles away with my kids and Dealer doesn't answer the phone. Calling Mini Roadside to get towed somewhere. Appreciate any thoughts on pursuing a buy back, Mini (BMW) does not participate in the S.C. lemon law program.

 

Have the replaced the valvetronic stuff? Or just sent you on your merry way?

My dealer replaced my valvetronic actuator in my '11 MCS after a no-start situation. Problem hasn't returned.

 

valvetronic actuator replaced two months ago

 

It's not BMW/Mini's option whether to participate or not, it's state law. I'd check the states' policy on "Lemon Law".

 

BMW/MINI does not participate in the SC BBB Auto Line program, but they cannot opt out of compliance with SC's Lemon Law.
http://www.bbb.org/us/south-carolina-lemon-law/

SC Dept of Consumer Affairs
LEMON LAW FAQs

South Carolina Code of Laws
Unannotated
Current through the end of the 2011 Session

Title 56 - Motor Vehicles
CHAPTER 28.
ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES

SECTION 56-28-30. Nonconformity with express warranties; notice required; repairs required.

If a new motor vehicle does not conform to all applicable express warranties within the first twelve months of purchase or the first twelve thousand miles of operation, whichever occurs first, and the consumer reports the nonconformity to the manufacturer or its agent during the term of the express warranties, the manufacturer, or its agent, shall make those repairs as are necessary to conform the vehicle to the express warranties at no cost to the consumer, notwithstanding the fact that the repairs are made after the expiration of the term.

HISTORY: 1989 Act No. 142, Section 1.

SECTION 56-28-40. Replacement of motor vehicle; refund of purchase price.

If, within the term specified in Section 56-28-30, the manufacturer, through its agents or authorized dealer, is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a comparable motor vehicle, or at its option, accept return of the vehicle from the consumer and refund to the consumer the full purchase price as delivered including applicable finance charges, sales taxes, license fees, registration fees, and any other similar governmental charges, less a reasonable allowance for the consumer's use of the vehicle. Refunds must be made to the consumer and lienholder, if any, as their interest may appear on the record of ownership kept by the Department of Motor Vehicles. A reasonable allowance for use must be that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or dealer, and must be calculated by multiplying the full purchase price of the vehicle by a fraction having as its denominator one hundred twenty thousand and having as its numerator the number of miles that the vehicle traveled before the first report of nonconformity. The consumer is not entitled to a refund or replacement if:

(1) the nonconformity does not substantially impair the motor vehicle's use, market value, or safety;

(2) the nonconformity is the result of abuse, neglect, or modification or alteration of the motor vehicle by the consumer.

HISTORY: 1989 Act No. 142, Section 1.

South Carolina Dept of Consumer Affairs Guide for Auto Dealer's
the L e m o n L a w
A “lemon” is:
1.) A new private passenger vehicle (i.e. car,
truck or van);
2.) With a defect that impairs its use, safety
or will lower its market value substantially;
3.) And which the manufacturer cannot
repair in reasonable time.
• Vehicles are not covered if the defects
are due to the owner’s abuse, neglect or
unauthorized alteration of the vehicle; or
if the defect(s) don’t show up within the
first 12,000 miles or 12 months, whichever
comes first.
4
• Reasonable time is considered to be three
repair attempts for the same defect or 30 or
more days out of service for repairs. The 30
days do not have to be consecutive

I can't find a brochure on SC Lemon Law for consumers, but you need to contact the SC Dept of Consumer Affairs for information on how to file a complaint:
http://www.consumer.sc.gov/consumer/...s/default.aspx

 

They don't participate, they are subject to it.
Hope your wife and kids are safely off the road.

 

I hope it gets resolved and send condolences for having to go through it.

 

Valvetronic software failure, they reprogrammed the vehicle. Lets see how long this lasts. I think I will call Mini USA to start a claim just in case it goes again in another 3-4K

 

I got a CEL light on, I got a scan gaugeII connected so I cleared the code and started to drive. Thats was too days ago. Looks like it was the temp sensor giving a false reading. The scan gauge showed temp of 418, before I cleared the code.

 

Update: Called Mini USA Customer Relations and opened a complaint case with them asking for a buyback and replacement or refund. They are reviewing the case and will let me know next week. I wanted to open a record of the problem in case it happens again next month I will pursue SC Lemon Law protection. I'll keep you posted on the progress.

 

Two weeks later I heard back from Mini USA Consumer Care with an offer of two car payments refund for my "inconvenience". When I told them I own the car outright they came back to days later with $1,000 and sign a disclosure form (which sounds like release them of future liability). A trip to the dealer and meeting with Service Mgr and GM, I asked them would they be willing to drive this car and risk having their wife and kids be stranded on the highway or lose full power on the highway and get rearended ? They agreed to take the case back to Mini USA. I told them I've already filed a NHTSA Safety Complaint and am preping to file a Lemon Law case if they don't replace the car or refund my money. Needless to say I'm disappointed with Mini USA for trying to buy their way out of a safety defect.

 

Subject to understanding what the disclosure form said, actually I think their willingness to give you $1000 for your trouble is quite unusual.

Remember that their legal obligation is solely to repair your car, which is sounds like they have done.

You may assume that the same problem is going to happen again, but until it does unfortunately you don't have a valid lemon law claim, and they know it.

I really doubt they are that concerned with you filing a NHTSA complaint. Based on most owner's experiences with Valvetronic problems, it's very unlikely NHTSA will consider it to be a safety issue, and again, the Mini folks (and their legal counsel) know that.

 

pb...sorry to hear about your plight. out of curiousity...three weeks later....how is the car running?

 

Some minor hesitation over the weekend but I don't drive it everyday as it's my wife's car.

Shark715 you may be right however I have a real problem with Mini USA trying to buy their way out of a safety issue particularly when asking me to sign a disclosure. So I have filed the complaint with the SC Dept of Consumer Affairs to attempt a lemon law buyback. We will see how it goes. I had a BMW 135i with high pressure fuel pump issues, BMW ignored that problem for years before they were forced into a recall from NHTSA.

 

I took a look at S.C.'s statute. Unfortunately you don't have a valid complaint as BMW can simply respond that "your car has been repaired". That being said, there's nothing to stop BMW from gratuitously giving you a new car or your $ back. Please let us know what happens.

 

Shark715: I have a copy of the release they want me to sign if you want to see it. Basically releases MINI (BMW) from any claims/responsibility now or in the future related to the reported problem. I recognize that my claim may not technically be valid but I think they know they have a problem and want to keep it quiet. Besides I'm not confident that the issue is fixed given the amount of reported incidents on the forums and don't want to lock myself out of future claims of replacement. If my wife didn't love the car I would have sold it and moved on.

 

To offer you $1000 they are obviously afraid of something, wow. If you sign the release and the car has the same problem again, would they no longer be obligated to repair it?

 

however any future claims for vehicle replacement, refund or personal damages due to injury resulting in an accident due to the failure would be elliminated.

 

car being replaced at no cost to us.

 

AWESOME! It's a good thing you stuck to your guns and perserveered.

 

Wow, that's as good as it gets...congrats!

 

Wow Kirby - Good job holding them accountable. I've found Mini to be pretty good about standing behind the product. I had a Countryman replaced free of charge as well after 8000 miles. It was flawless, and I now have 13000 on the new 2012. It has been perfect except for a clutch pressure plate and clutch that went bad. I love the Countryman! Good luck with the new one.

 

Glad this was resolved to your liking. Wishing you better luck with the new one!

 

at no cost to you, however do you have to pay the sales tax all over again and what about registration and inspection fees, nothing is no cost . Glad your getting some resolve.

 

Will probably have registration cost as it's a new VIN, but taxes will transfer. Additional cost of tinting windows and Garmin install. But I'll pay it to get out of this one. Getting a 2012 in early November.