How do they calculate the days out of service. I realize each state has its own guidelines, but dates should be the same. If you dropped it off on a Monday, pick it up Tuesday, is that 1 or 2 days out of service? And what about over weekends/holidays where the dealer isn't open?

I don't think I'll get there, and really hope I don't but here's where I'm at in less than 13 months.



Updated thru 10/24

 

I would definitely count weekends and holidays, the Monday to Tuesday deal I would count as one day. I just went through the lemon law with my previous car.

 

Wow. Regardless of how you count the days, maintaining that spreadsheet is going to make you bitter about your car.

 

Just struck me the other day that its been out of my hands a lot. I still love it, and would get a replacement. No idea why the thermostat and the 1st spark plug took so long.

 

Since you have had the car for 1+ year (13 months), i think most any lemon law will not apply unless it is all days for the same reccurecurent issue...
Sounds kinda like you have a pretty slow dealer.....or perhaps you mentioned you would pick it up later....my r53 has never ben in a shop overnight...or a dealer for more than 4 hrs...i attritubute that to a mini dealer that was part of the early us launch in 2002, and that still has a stealer reputatiin.
Dropping a car off on one day for convience reasons, then picking it up the next after having had less than 4 hours work done, i think, would not qualify as a multiday repair.....in any case, good luck!!

 

I'm sorry that you have had so many problems.
Do you have a copy of your state's Lemon Law?
Most states have a consumer's brochure available online.
Fortunately I have not ever had to resort to this law.
I really hope you don't need to either.
However, I'm glad that there are protections in place for people who end up with a bad car.
It's such a huge investment.

Good luck and I hope the repair record doesn't grow and that you spend more time motoring in the future.

 

I'd agree, lemon laws do not extend past the first year of ownership.

 

It varies state to state, here in FL I think it is 24 months.

 

You really do need to get the Lemon Law guidelines for your state.
Even the definition of a "day" is not necessarily standardized from state to state.

 

thats the problem, it doesn't explicitly outline that anywhere.

"4. Days Out of Service
Days out of service accumulated during attempts to diagnose or repair due to one or more ‘nonconformities’ or ‘serious safety defects’. The vehicle has been out of service due to diagnosis or repair:

a cumulative total of 30 or more cumulative calendar days
at least 15 days occurred during the period of the manufacturer’s written warranty and during the “eligibility period” (see What Is The Eligibility Period?)
The consumer sent a written request to the manufacturer asking for repurchase or replacement of the vehicle and
manufacturer failed to respond or did not reached a resolution with the consumer within 40 days
Note: Days out of service are included whether or not a substantial defect has been repaired."

eligibility period for WA is 2 years or 24,000 miles.

 

Read the statutes for the State of Washington. Google 'Lemon Law Statutes Washington State' and see what you come up with, if you haven't already. There are attorneys that specialize in LL as well and someone in WA that does can answer your questions, probably over the phone without charge, as to what constitutes a day or whether your vehicle qualifies.

 

That's not exactly clear, is it?
Perhaps the WA Bar Assoc can point you towards someone who can answer your question as starman suggests.

How frustrating this must be for you!

Edited to add: I would argue that days out of service would include the day you drop it off and the day you pick it up.
Your quote above states "cumulative calendar days" which I would think means every single day, including weekends and holidays, that you are without the use of your car.
JMO though- I am not a lawyer.

 

Did you mean stellar reputation? As in "exceptional"?

I hope so, I'm really tired of people calling their dealers by that other name - it's completely unwarranted and it's not "cute".....

 

Jersey is 20 days. Car was in for that many days in a three month period.

Lemon law is taken into account based off of the first date of compliant and attempted repair at shop for individual issues.

We've had so many problems I'm sure we qualify but I'm holding out on a promised 2012 which is configured and being built.
Mini USA or actually BMW, has made a deal with our local dealer to do some sort of trade of equity?

Will see where we land. Just make sure you keep all your records.

 

I'm curious to see where you net out on this... my fiance's ALL4 has already been at the Morristown NJ dealer for a while. She had a loaner for about 3-4 weeks while they tried to fix brake issues (over-active ABS symptoms that jittered when going over some bumps, twanging sound from the back). After reading all these problems in the forums, I can't help but get a sense of dread from this car. I've never experienced any of these things in any cars I've owned since I got my license. Have you had any conclusions with the dealer yet?

 

Minnesotas' Lemon Law (recently revised) - "is applicable for the extent of manufacturers' warranty period".

 

I lulz'd when I saw the down time for t-stat replacement! I do about 3-4 a week, and can do them (coolant drained, t-stat in and out, bleed cooling system & test drive) in about 45 min. It should be a same day process, unless the t-stat was on back order (which for awhile they were). Sorry to hear about all your ups and downs with your mini, though I hate to say it...doesn't surprise me. I've inspected plenty of lemon cars in the past year heading to auction. Sad thing is, most of the lemon'd cars i've seen, and read history on as to whey they were lemon'd could have easily been avoided had the tech who was assigned the vehicle in the first place just looked for the obvious "known" issues with the vehicle.

 

Prestige Mini saved the day and helped push thru a replacement 2012 in coffee. She's a beut so far. 1 Day so it's early.

Our old car ended up pulling another code for something with the washers? And the stumbling started again. Last round of fuel mileage was 23 even.

We didn't end up going thru the Lemon Law but had all the documentation ready to prusue that route. Turned out toughest part was fighting with the original lender on the car. They can be a pain in the butt.

 

30+ days have occurred.

I'd consider a replacement if I knew the '13 clutch was redesigned. After having the service manager tell me I can't shift above 1600 RPMs and watching him stall and struggle to get up a hill, I'm out. Premium cost on a non premium product and ever worse manufacturer support.

 

Document everything, every conversation, every problem. Call Mini USA consumer care and file a claim. Tell them you want to file a claim for a replacement or refund. File a safety claim with NHTSA, file a claim with your state consumer protection agency. If MINI won't play ball, threaten to write letters to every automotive publication editor and Mini car club President, etc. Be sure they understand that you won't go away. My replacement car arrives this week, zero cost to me.

 

What all did you have go wrong?

Mine is back in the shop, again. Day 37. 2 more oil leaks, the engine at idle cuts out and the gps is still acting up.

I already hired a lawyer. I had thought about a replacement, but the local dealership pissed me off and the terrible response from MINI USA.

 

Happy ending, new replacement CMS delivered Friday at no cost to us. Hope this one is issue free.

 

PBkirby, how did you get Mini to give you a replacement car? Did you actually file a lemon law claim through your state, or merely threaten to do so? Thanks.

 

yes, filed a safety complaint with NHTSA, lemon law complaint with my local state Consumer Protection Agency and threatened to write every auto mag editor and Mini Club president about my issue until they replaced the car or refunded my money. Apparently they figured I was not going away, certainly not for the $1000 they tried to buy me off with.

 

How far did you have to go with your Lemon Law claim before they agreed to give you a new car?

Here in New Jersey you have to send a letter to the manufacturer giving them one last chance to repair the car, and if that repair fails, at that point you can file for a hearing with a state Administrative Law judge who makes a decision based on the facts presented by the owner and the manufacturer.

I've been told that manufacturers typically will not settle until they see that the owner is actually going to go through with the hearing. and you are at the courthouse, ready for the hearing, and it's clear the judge will rule in the owner's favor.