It appears i am getting an email for every comment put on NAM. Anybody know how to change that so I dont get 200 emails in my account in a couple hours?

 

ocho9,

I think your lawyer may be mistaken in this situation. He is trying to settle quickly because he believes that BMW will be a pain. From every post regarding buybacks/lemonlaw issues on this board, BMW has been quite good about the situations. I haven't heard anyone complain. I would press the issue much more. BMW has a great deal to loose going to trial. First is, the fact they can avoid certifiying the car a lemon, second I think the courts would be more sympathetic.

You should get all the monies paid for the car minus the mileage. That includes tax/tag and registration fees.

 

>>ocho9,
>>
>>I think your lawyer may be mistaken in this situation. He is trying to settle quickly because he believes that BMW will be a pain. From every post regarding buybacks/lemonlaw issues on this board, BMW has been quite good about the situations. I haven't heard anyone complain. I would press the issue much more. BMW has a great deal to loose going to trial. First is, the fact they can avoid certifiying the car a lemon, second I think the courts would be more sympathetic.
>>
>>You should get all the monies paid for the car minus the mileage. That includes tax/tag and registration fees.


Ocho...I'm not entirely sure what the law allows in your state. But...the calculation is usually along the lines of the following.

Take the total amount you paid for your current car including any taxes, fees, etc. divide that amount by the statutory mileage number used in your state...most states use 100,000. Multiply that number by the number of miles on your car at the LAST LEGAL ATTEMPT TO REPAIR...usually the third or fourth attempt. Each state varies. That is the amount you are liable for....meaning you deduct that amount from the total you paid for the car and that's what you will get from BMW.

As a point of reference...BMW does NOT resell these cars without disclosure. Any dealer that buys this car from BMW signs a disclosure notice agreement, and when the car is resold, this same notice is to be signed by the next buyer. This notice MUST be sent to BMW by the dealer when registering the new owner with the company.

I hope this helps.

 

>>As a point of reference...BMW does NOT resell these cars without disclosure. Any dealer that buys this car from BMW signs a disclosure notice agreement, and when the car is resold, this same notice is to be signed by the next buyer. This notice MUST be sent to BMW by the dealer when registering the new owner with the company.
>>
>>I hope this helps.
>>

I understand the cars that have been declared Lemons by state arbitration must be disclosed to buyers of the car. However, do you mean ANY car that was bought back prior to being officially declared a Lemon is sold with complete disclosure?

 

>>>>As a point of reference...BMW does NOT resell these cars without disclosure. Any dealer that buys this car from BMW signs a disclosure notice agreement, and when the car is resold, this same notice is to be signed by the next buyer. This notice MUST be sent to BMW by the dealer when registering the new owner with the company.
>>>>
>>>>I hope this helps.
>>>>
>>
>>I understand the cars that have been declared Lemons by state arbitration must be disclosed to buyers of the car. However, do you mean ANY car that was bought back prior to being officially declared a Lemon is sold with complete disclosure?

YES.

Any car, whether declared a lemon or not, that is bought back by BMW/MINI is re-sold with full disclosure. Any recurring problems must have been rectified with about 500-1000 miles of driving with no sign of the problem.

 

I am just waiting on my lawyer to return my call. He called me yesterday while I was out snowboarding and said he had a couple quotes for the S. I am hoping he took my suggestion and tried arguing down the mile charge. I want it down to the 3900 miles from the first problem which is what California Lemon Law allows.

 

I talked to my lawyer and I am pretty happy with what BMW offered. They will waive the mile charge if I upgrade to the S. I have an appoinment tomorrow to go to the dealer to pick out what I want on the new car.

 

Sounds encouraging...

Will you be paying the straight MSRP differential between the MCS and the MC or some bogus amount that BMW has come up with?

 

Best of luck to you ocho9.

 

>>Sounds encouraging...
>>
>>Will you be paying the straight MSRP differential between the MCS and the MC or some bogus amount that BMW has come up with?
>>

I will find out tomorrow when I go to the dealer. I am not sure what a new 2002 MC like mine cost new. It cost 22,000 to get a 2004 like mine. The difference from 2004mc to a 2004 MCS equipped like mine to what i want is $1500. They want about 600 over that so I will see whats up when I am there.

 

"The difference from 2004mc to a 2004 MCS equipped like mine to what i want is $1500. They want about 600 over that"

I thought they had agreed to waive the mileage charge if you got an MCS. In that case, what's up with the $600?

Unless you've miscalculated the MSRP difference, it sounds like they're still playing games...

Good luck tomorrow!

 

I have no idea? Maybe it is a MSRP difference from a 2002 MC to a 2004?

 

As noted by some of you above, the lemon laws vary in each state. I have found the link below to be helpful in the past..

http://autopedia.com/html/HotLinks_Lemon.html

Regards