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R56 Lemoned in NY

Old Mar 29, 2007 | 10:07 PM
  #26  
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Originally Posted by msh441
The Magnuson-Moss Warranty Act is the federal law governing warranties on consumer products.

http://www.ftc.gov/bcp/conline/pubs/...s/warranty.htm

I could see how it could come into play depending on how the dealor's responce to this issue and what sungar wants to see come of the situation.
Okay - so how would it come into play?
 
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Old Mar 30, 2007 | 12:02 AM
  #27  
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Originally Posted by Skiploder
Okay - so how would it come into play?
I didn't say "would"... I said "could".

Either way, there are a ton of possible scenarios that could bring Magnussen Moss into play.

The most obvious could be the use of the incorrect fuel in the vehicle. The dealer could make the suggestion that the owner did not follow the proper fueling recommendations of the manufacturer over the past 6-weeks and therefore voiding the factory warranty on the fuel system of the vehicle.

Granted, I choose to believe what sunger said about the vehicle being fueled by the dealer... I also choose to believe that MINI has better customer service sence than that and would take responcibility if one of their employees had created the situtatiopn by using the incorrect grade of fuel... but I've heard of less scrupulous dealers making warranty arguments over smaller issues, so... as I said, it will depend on how the dealer chooses to handle the problem that will determine if it comes into play.
 
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Old Mar 30, 2007 | 01:30 AM
  #28  
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any update on the status of your issue?
 
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Old Mar 30, 2007 | 03:54 AM
  #29  
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Originally Posted by LynnEl
No, the lemon law applies to any problem or problems which affect the safety or value of the vehicle which the dealer is unable to repair after "reasonable" (which is often considered 3) attempts.
Thanks for the correction.

Zip
 
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Old Mar 30, 2007 | 04:15 AM
  #30  
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Originally Posted by okraD La
Come talk to me when you are actually driving one noob.....
Tell them to leave the cupholder out of yours....you drink too much coffee...
Awwww, isn't he cute! Look at the widdle inciteful basher. Ya just wanna pick em up and smash their widdy-biddy heads. )

OT: Good luck with the car. Those occasional misfires in production can be tough. Hopefully you have a good dealer to work with on this.
 
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Old Mar 30, 2007 | 04:20 AM
  #31  
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After the 3rd or 4th try on this i'd just let the car be lemoned. I wouldn't let there be a 5th or 6th try.
 
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Old Mar 30, 2007 | 04:39 AM
  #32  
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Originally Posted by okraD La
Come talk to me when you are actually driving one noob.....
Tell them to leave the cupholder out of yours....you drink too much coffee...
okra, I don't need to waste my time. I had a 2004 MINI and it was far from faultless. There are thousands of 2007s already on the road running fine. Sorry if your ego can't take the fact that there's a newer model out there.
 
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Old Mar 30, 2007 | 05:46 AM
  #33  
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Originally Posted by msh441
I didn't say "would"... I said "could".

Either way, there are a ton of possible scenarios that could bring Magnussen Moss into play.

The most obvious could be the use of the incorrect fuel in the vehicle. The dealer could make the suggestion that the owner did not follow the proper fueling recommendations of the manufacturer over the past 6-weeks and therefore voiding the factory warranty on the fuel system of the vehicle.

Granted, I choose to believe what sunger said about the vehicle being fueled by the dealer... I also choose to believe that MINI has better customer service sence than that and would take responcibility if one of their employees had created the situtatiopn by using the incorrect grade of fuel... but I've heard of less scrupulous dealers making warranty arguments over smaller issues, so... as I said, it will depend on how the dealer chooses to handle the problem that will determine if it comes into play.
I'm not trying to be obtuse - but how could it come into play?

Barring a warranty voiding scenario with the octane rating of the gas, is this not a lemon law issue?
 
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Old Mar 30, 2007 | 05:51 AM
  #34  
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Magnussen is essentially a Federal Lemon law act. However, I allows treble damages. The octane rating issue would generally not allow MINI to escape responsibility because (1) engine management compensated for octane variance, which has been demonstrated to vary greatly at the pumps and (2) such damage comes from long term misuse.
 
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Old Mar 30, 2007 | 06:02 AM
  #35  
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You can only go so far with engine management though, as it pertains to octane rating. The most significant variable is the engine compression ratio. The use of low octane fuel in a high compression engine can cause damage quite quickly, relatively speaking.

My Lexus IS250 engine's compression ratio is 12:1. No matter how much you retard timing or alter fuel/air ratios, low octane fuel has a very high propensity to pre-ignite causing potentially catastrophic engine failure just due to the extreme pressures involved.

Kexus is very clear about the engine warranty being violated if the damage occurs due to use of lower than the recommened octane fuel (91 or better is recommended).

I believe the Mini's enine is at a slightly lower comrpession ratio, but not much. Most direct injected gasoline/petrol engines have higher than normal compression ratios.
 
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Old Mar 30, 2007 | 06:41 AM
  #36  
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Originally Posted by Skuzzy
You can only go so far with engine management though, as it pertains to octane rating. The most significant variable is the engine compression ratio. The use of low octane fuel in a high compression engine can cause damage quite quickly, relatively speaking.

My Lexus IS250 engine's compression ratio is 12:1. No matter how much you retard timing or alter fuel/air ratios, low octane fuel has a very high propensity to pre-ignite causing potentially catastrophic engine failure just due to the extreme pressures involved.

Kexus is very clear about the engine warranty being violated if the damage occurs due to use of lower than the recommened octane fuel (91 or better is recommended).

I believe the Mini's enine is at a slightly lower comrpession ratio, but not much. Most direct injected gasoline/petrol engines have higher than normal compression ratios.
And MINI says you can use 87 octane, if you need to, so they would have a problem.
 
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Old Mar 30, 2007 | 07:38 AM
  #37  
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Ahhh. I do not have mine yet :(, so I do not have the owners manual. WAAAH!

But you are correct LynnEl. If they state 87 octane is ok, then they have to stand by it. I am surprised they would allow an octane that low in a turbocharged engine.
 
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Old Mar 30, 2007 | 09:07 AM
  #38  
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Originally Posted by erickvonzipper
I believe the lemon laws apply to different problems with the same car. His car is experiencing one problem, and the techs can't figure it out, probably due to the car being a brand new entity.

Zip
Actually in NY the Law states that it is 4 of the same problem that kicks the law in.
 
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Old Mar 30, 2007 | 09:11 AM
  #39  
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Originally Posted by CeeTee1
I also purchased my car in New York but I have had no problems so far. May I ask what dealership you bought the car from?
Habberstad on Long Island. Actually they have been great. I guess it really isn't their fault. They have stated that they will attempt one more time to fix the problem, but will do what is right by refunding payments and alluding to getting a new car without having to go through the official Law "stuff".
 
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Old Mar 30, 2007 | 09:23 AM
  #40  
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While I am sorry to hear of your problems, the dealer sounds like someone I would want to work with.

In the end, you'll have a car that works flawlessly. You will lose on the time and inconvenience you've put into resolving this issue, but that's not all bad, considering what it would be like with a dealer who wasn't working with you so well.
 
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Old Mar 30, 2007 | 10:45 AM
  #41  
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Originally Posted by YellowMiniS
While I am sorry to hear of your problems, the dealer sounds like someone I would want to work with.

In the end, you'll have a car that works flawlessly. You will lose on the time and inconvenience you've put into resolving this issue, but that's not all bad, considering what it would be like with a dealer who wasn't working with you so well.
I must tell you . In the final analysis,as much as I love my now 2nd Mini, it's just a car. My happiness or wellbeing is not centered on my Mini. Well......... maybe a little ; I don't want my car to read this post and be upset.
 
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Old Mar 30, 2007 | 01:33 PM
  #42  
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Originally Posted by Skuzzy
Ahhh. I do not have mine yet :(, so I do not have the owners manual. WAAAH!

But you are correct LynnEl. If they state 87 octane is ok, then they have to stand by it. I am surprised they would allow an octane that low in a turbocharged engine.
The manual says premium is "recommended" but that you can use regular, of at least 87 octane.
 
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Old Mar 30, 2007 | 04:19 PM
  #43  
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Originally Posted by Skiploder
I'm not trying to be obtuse - but how could it come into play?

Barring a warranty voiding scenario with the octane rating of the gas, is this not a lemon law issue?
Well, first I have to go look up obtuse.

Then, since you're taking away the one exampe that you asked for that could easily bring it into play... I would have to say I can't think of another without knowing more details of the situation.

I would agree that this issue should primarily be handled using the lemon law in that particular state. To suggest however, that Magnussen Moss couldn't come into play seems myopic (I had to look that one up, too ). Especially considering that one of the main points mentioned in the initial post was a suggestion by the dealership that the damage to the vehicle was caused by the improper fuel.
 
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Old Mar 31, 2007 | 05:27 AM
  #44  
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Originally Posted by sunger
Habberstad on Long Island. Actually they have been great. I guess it really isn't their fault. They have stated that they will attempt one more time to fix the problem, but will do what is right by refunding payments and alluding to getting a new car without having to go through the official Law "stuff".

Habberstad...I was there the other day looking for floor mats. I bought my car from Mini of Manhattan.
 
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