hey everyone,
I was wondering if someone can could help me.
friend of mine recently bought a brand new MCS and found out a week later that the entire rear end of the car had been repainted and repaired. They were done really badly as well since the paint was dried still dripping off the side.

He contacted BMW and someone came out to take a look at it but since then no one returns his calls. according to the vin number there is no record of the car being repainted at the port but the guy verbally told my friend that the car has been repainted at Oxford. Not in writing though.

If you know how to handle this kind of thing right, please let me know. He really wants a new car.

Thank you in advance.

 

ACK!! Every MINI owner's nightmare! Didnt he notice it @ delivery tho?

 

Repainted @ the factory, VDC or dealer is possible. Usually a dealer has to disclose if such a thing happens over a certain dollar amount.

 

Ok im not really up on what is considered a Lemon but umm why is it a lemon if it got a bad paint job?

 

Lemon laws are dependant upon state. Do a google search for your state and 'Lemon Law'.

 

It is his fault that he did not check it at the lot. But the car should have not repainted so badly and sold as a "brand new" car. I don't know if it qualify as a lemon but it just isn't right...

 

What state is he in?? California?

 

yes Socal.

 

CA has one of the strictest lemon policies in the country

 

The California "Lemon Law"
The California Lemon Law (officially known as the Song-Beverly Consumer Warranty act, found in California Civil Code sections 1790 et seq.) is a law designed to protect consumers who purchase or lease warranted motor vehicles. If it is determined that a motor vehicle is a "lemon," the motor vehicle's warrantor must repurchase or replace the motor vehicle from the buyer.
In order to have a valid Lemon Law claim, the following elements must be met:

1.) The vehicle must be used some of the time for personal, family or household purposes. If a vehicle is used exclusively for business purposes, the Lemon Law will not apply, but other laws may provide certain remedies.

2.) The vehicle must have problems covered by a warranty. There is a simple rule: no warranty means no Lemon Law case.

3.) The warrantor must be unable to repair the vehicle's warranty problems after a reasonable number or repair attempts. What constitutes a reasonable number of repair attempts will vary depending on the problem. For example, if a vehicle's brakes fail, one repair attempt may be enough to establish a reasonable number. Generally, safety-related or driveability concerns will require fewer repair attempts than those which are not safety-related or affect driveability.
Also relevant to determining whether there has been a reasonable number of repair attempts is the number of days the vehicle is out-of-service due to warranty repairs. The more days out-of-service, the better the chance of establishing a reasonable number of repair attempts.
There is a common misconception concerning the Lemon Law, that it only applies to vehicles that are less than 18 months old or have less than 18,000 miles. This belief is not true! The Lemon Law will apply to a vehicle regardless of how old it is or how many miles is has, so long as the vehicle is having problems that are under warranty.
Even if the warranty has expired, the Lemon Law may apply. If the vehicle is still having problems that were complained about and never properly repaired during the warranty period, a valid Lemon Law claim may exist.

4.) The vehicle must contain a problem covered by the warranty that substantially impairs the vehicle's use, value or safety to the buyer/lessee. The Lemon Law, generally, will not apply to vehicles with trivial or minor defects. Nevertheless, each case must be judged independently taking into account the particular needs and expectations of the particular vehicle's owner/lessee.



If the above mentioned elements are met, the vehicle is a lemon. The vehicle's owner/lessee will be entitled to a replacement vehicle or a refund of the vehicle's purchase/lease price.


The way im reading it just paint doesnt make it a Lemon. Maybe he could call MINI and tell them what has happened

 

If the car is repaired at the factory or the VPC it is still technically a brand new "perfect" car meeting factory specifications. As long as you friend brought it up to his dealer before he could have gotten in an accident in it, the dealer or MINIusa should be able to do something.