My wife's car has been back to the shop 8 times for the stalling problem. It just came back and stalled again on the way home.

Its a life endangering problem as three of the time she stalled it was in the lanes of on coming traffic.

Contrary to what I have seen here on the board, there is no fix for this problem. The dealer has told me that all they can do is reflash the computer - with the program that just stalled the car an hour ago.

I bought the car 8/14/02 so I have two weeks left to file a lemon law complaint. I've never done one before and would like any advise you guys can offer.

Any one turned on back in?

 

Just send it in ASAP so you protect your Lemon Law rights! Send it in to your local dealer, local Lemon Law authority and BMWNA right away. Include documentation that shows your car went in for service xx times for the stalling problem and it has not been solved yet. Also, give the mileage at the 3rd attempt as that usually determines buyback valuation (it does in Hawaii).

BMWNA/MINIUSA will make buyback participants sign a confidentiality agreement. So if you ask someone if they had a buyback, thay can neither confirm nor deny a buyback.

For more info, go to www.mini-pooper.com for help with your buyback. Go to the links page for more info or PM me. Good Luck!

EDIT: Here's the Florida Lemon Law info. http://legal.firn.edu/lemonlaw

 

Some people have. Do a search for "lemon" and you'll find all of the relevant posts.

You should at least initiate the process so they don't simply deny your claim on a technicality.

btw, you should also communicate your concerns to NHTSA. They can force the manufacturer to take action if they determine this is a safety hazard.

I think everyone who has experienced it will agree that it is a safety hazard.

 

Joecool,


If you are interested I can help you. Drop me a PM with your number and I can give you a call. I have done this already through BMW and have had good success. I also have contacts with a law firm that can help you with no charge to yourself. It is okay if you have exceeded the Lemon Law rights, there are numerous other laws which far exceed the capabilities of the Lemon Law. In fact, most people are duped into going through their state Lemon Laws, which favor the dealership and not the consumer. There are much tougher federal laws in effect that do a much better job at protecting the consumer. I was outside of the Lemon Law limits for Georgia, but had no problem getting a buyback completed. It went very smooth with no issues on my end. I had a similiar problem as yours, so that helps as well.

 

I spoke with the dealer today, the best they will offer me is $19K on my trade on a $23K 04 model with most of the same options. Basically going from a two year old car with 33000 miles into a new 04 with 0 miles for $4K. I'm sure there would be a mileage deduction so I don't know how much better of a deal I can get going theough the lemon law. It sounded like an OK deal to me...

What do you guys think?

 

IMHO sounds like a good deal. 33k miles and 2 years for $4k? Not bad.


Hope your new one is trouble free.

Good luck.

regards,
Red

 

You probably won't get a better deal through buyback. (other than vindication that your car was a POS) and you get a 2year newer mini for $4k. i think the depreciation will be close to that (even at low mileage and a year or two earlier where they determine value)


i'd do it if it were me. make sure they throw in floormats!!

 

joecool,


What was the mileage of your car when the first problem was reported to your dealerhip? That is important in determining the cost of buyback. I actually made money on my buyback.

 

I have some questions for those of you that have been through this. First of all, what happened to the car? Did they come get it from the shop or did you get to drive it until your new car arrived? How does this work?

What happens in between the time a claim is filed and the time you get a new MINI?

 

I have a question, does that Holden Monaro refer to a GTO?

 

Anyone still here?

 

Per my agreement with Mini, I drove the car to the nearest dealership and dropped it off. The funny thing was, Mini had cut me a check already for the car, and no one at the dealership knew anything about dropping it off and in fact didn't want to take it from me. So I guess theoretically I could have just cashed the money and kept the car.

Jenn, I hired a lawyer and worked everything out that way. The time between your old car and new car will vary depending on what you settle. I settled with Mini to purchase my old car and give me the cash. That way I had a choice on what to do next. Others trade in their cars for a new one or exchange for something else on the lot.

 

This is way off topic, but the Pontiac GTO is a Holden Monaro. Holden is a division of GM and is headquartered in Australia. The Monaro was brought over to the US and the front bumper was basically changed to match a Pontiac look. There are not a ton of differences between the two cars except for cosmetics. The car was chosen because it had a V8, it was rear wheel drive, and it could be brought over with little expense in relation to developing a new car.

 

try PM'ing Antsmini. he has gone through i think 3 or 4 MINIs already in like 3 years all Lemon-lawed. he hovers around here and on MINI2.com or on NYMINI.org he's from around Westchester county, NY.

 

edited

 

My car right now has been at the dealer for service 33 days. Will be going in for the 34th day next week. I've had several different problems having the transmission replaced at 7000 miles to having my main BC1 computer replaced 3 times now.

Now according to the MN Lemon Law, I should have no problem getting a new car, given the days its been in the dealership's possession. Am I right?

 

Threads like these make me reluctant to get a MINI. Considering a new Miata. I've heard just a couple people over the 6 years as a member on the board having their cars taken back.

Scares me a little.

 

The amount of people that have had their MINI lemon lawed is minuscule compared to the ones that have car with no problems. People with a problem car tend to be far more vocal than those that are happy & without problems.

Miata's are great cars, but it's a very different car than a MINI. I own both, but if I could have only one it would be the MINI that would stay.

Good luck on your tough decision.

 

Agreed... who starts a thread that says "Nothing interesting happened to my Mini". People generally post questions or problems.

 

Had a lemon MINI, but they wouldnt take it back b/c I had an aftermarket stereo...... and they blamed my tranny probs on that.. sigh

 

I've Lemon lawed two cars. What a pain in the neck. If you were in CA, I could hlep you more. Looks like the FL law is a little different.

It does sound like you have a lemon. http://www.800helpfla.com/lemonlaw.html

This was my experince in CA which might prove useful to see how the game works. First time around, I was nice, talked to the dealership, VW, and said to myself, these are good people, they will follow the law and give me a new car. WRONG!!!!! Their job to make it a pain so you go away. I talked to everyone until I was blue in the face and got nowhere.

Then, when i realized what was going on, I googled Lemon law lawyers. Talked to 4. Faxed them all my paper work. All said they'd take my case, some wanted to charge me money, some said they'd do it for free. Turns out if the attorney cuts a deal, the auto maker pays the lawyers fees in CA. And the lawyers only take cases they think they can cut deals on.

Once I hired the lawyer it was a piece of cake. They did all the work. It was great. I wish I did that first.

FL looks different in my limited Googling of the law.

I will say that in CA, the consumer is credited back to the first time the car was brought for repair.

I think the dealership offer was weak to be honest and it's their first offer -- not first offer is the best offer. If the headache is not worth the money, then take the offer, if not, understand your Lemon law and make it work for you.

PM me with questions! Good luck.

Cheers,

Beth

 

A question to those of you who have "lemoned" their MINIs...

I have a 2005 MINI CVT that was delivered to mo in October 2004 and has 16K miles on it. It has had a weird semi-stalling problem since November 2005 and after about 20 attempts the dealership has not been able to fix it. Out of the blue, they have offered to re-purchase my MINI and are working on the paperwork and numbers now. Not sure how much they will offer, but, I am afraid that it will be a depreciated value and will not include dealer installed options (window tinting) and the labor costs of an alarm system that I had installed. I expect to hear from them by the end of this week with the numbers.

As for Lemon Law, I live in Oregon, but, purchased my MINI from Ohio and had it shipped to me (like so many others on the west coast). Oregon's lemon law applies only to cars purchased in Oregon and that excludes me. My question is whether or not I can utilize Ohio's Lemon Law (which apparently is one of the best (consumer friendly) ones in the nation) since I purchased my MINI there. Per Ohio's law, I will be reimbursed the full purchase price including all dealer installed options, shipping, registration and titling fees.

Before I go in to my dealership here to discuss their re-purchase offer, I'd like to know if I can mention the Ohio Lemon Law as an option available to me (I'd only do this if their re-purchase price is too low and thye flat out refuse to haggle).

Incidentally, I will be replacing this CVT with an MCSA. I really wish I can find on on the lot that I like (very unlikely to find MINIs on the lot in this region) or convince them to let me keep this until the MCSA is delivered.

So, to reiterate my question, how does the Lemon Law work for purchases from out-of-state dealers?

Thanks,
MediocreFred.

 

There was a post in another thread that in North Carolina (or south, not sure) thier lemon law only applied to cars bought in the state, and registered in the state. The text of you law should be available on the web, and the one for Ohio. You also may want to talk to a lawyer....

Get the facts before you act.

Matt

 

Thanks for the reply. I did do my research on the web. Like I said in my earlier post, Oregon's lemon law specifically states that the vehicle HAS to be purchased in Oregon. This is the reason I am looking at Ohio's lemon law. Ohio's lemon law doesn't mention any "State related" requirements for purchase, registration or residence. In addition to the legal text of the lemon law, I've also downloaded and reviewed Ohio's Lemon Law form (which is just a generic Consumer Complaint form) and it doesn't specify any restrictions based on the State.

So, I was wondering if folks on this board that have been in a similar situation can share their thoughts. Before I contact a lawyer, I'd like to be a bit more informed as to the possibilities and process involved.

Thanks.

 

Yes, you can use Ohio's lemon law. From my own experience, the car falls under the law of where it was purchased and it does not matter where you live now.