For those people that have done this successfully of which there's probably not that many left on this forum. But if anyone else lemoned any other car, did you use a private lawyer or did you use the state attorney general? Also if anyone is knowledgeable about this and could offer any advice.

I will post all the details about what's going on with my MINI in due time, I'll just say that there are serious issues with it and the dealers is refusing to fix them.

 

If you haven't seen this you might want to check it over, perhaps it will help:

http://www.consumeraffairs.com/lemon_law/

 

My wife and I got a lemon Neon back in '94. Chrysler bought the car back for what we paid for it and gave us a $3000 cash voucher to be used on any Chrysler vehicle (make best deal, then flop this on the table).

The minivan we bought after the Neon was the last Chrysler that will ever spend a night in my garage.

The worst thing about the whole deal is that the car wasn't crushed. We worked through a mediator. Chrysler took it back and ended up putting moving it across the country and pawning off on some poor, unsuspecting soul.

 

I had a friend that lemoned a monster truck
a couple years ago.
Avelanch comes to mind. I don't know who makes it.

They bought it back minus a milage charge.
It was a ridiculously high mileage rate I don't remember exactly.
It worked out to something like $3500.

It wasn't a good deal at all for him.
But probably better than what he would have gotten
selling or trading in.

 

The Avalanche is a full size pickup truck made by Chevrolet (It is a Silverado with plastic cladding, at least the old ones were). I am familiar with the buy back process at GM. They do charge you for mileage the car has accrued BEFORE the problem was first reported to the dealer's service department. However, I have never gone to BBB arbitration or use state lemon law. This route should only be chosen when all avenues have been exhausted in finding an amicably resolution with the manufacturer. Lemon laws vary from state to state and it is recommended to retain legal counsel that has expertise in lemon consumer laws.

 

For what I have read and heard, Lemon Law is a lengthly and often unsavory process that has been designed to give advantage not to the consumer, but the manufacturer. I have been told that BBB arbitrations are an utter joke. Basically, a factory rep meets with the BBB arbitrator and you (Either in person and conference call) and simply starts blaming the consumer for the defective piece of junk that he was sold in the first place. I am not sure if BMW participates in any arbitration program as some manufacturers, Like Mercedes Benz, do not. If anything, try to contact MINIUSA and get a hold of names of key people, such as the sales/service region rep and try to solve your issues there. Often it is much better to try to work out a settlement in terms of a full car replacement or refund, outside of lemon law than inside of it.

 

Post the issues. It will have to be a LOT more than rattles, sunroof issues, etc. Car must be seriously disabled. I had a friend who bought an early Viper (CASH BUY) that he managed to lemon out of. The entire ENGINE went south. After much screwing around and time, a new engine was ordered and shipped to the dealer, but he dumped the entire car to his satisfaction through the lemon law. Good luck to you, as you are going to need it.

I will post all the details about what's going on with my MINI in due time, I'll just say that there are serious issues with it and the dealers is refusing to fix them.[/quote]

 

I too am trying to go through this process. Sad as I just loved that little car, but 4 months and nothing but trouble including a new transmission and culminating with a non-working clutch on the freeway...safety last! Anyway, I just started. I have not picked up my car yet (even though it has been fixed) and was told by corporate to not pick it up until this matter is resolved. I have a rental right now.

 

I am in a similar situation, love the car but it doesn't love me.

I am in Canada, and there are no lemon laws where I live. I checked with BMW Canada and got some answers. 1, they do not take cars back, ever, you bought it, your problem. 2, your car must be off the road for 20% of time under warranty without a loaner being provided by the dealership before BMW will consider any compensation.

Lucky I'm leasing so I am slightly less screwed, but Mini/BMW has lost me for life at this point. A lease+cash to a different car like a lightly used 3 series perhaps would have kept me happy but the dealership just refused to even consider it. they know all too well that the Mini they sold me is junk.

I had a Ford F-350 a few years ago that was replaced after two repeated transmission failures. I never asked them to they just did it. I wish BMW stood behind their vehicles like Ford does.

 

I am so sorry to hear that! Are you having transmission issues? There should be some kind of legislation protecting the consumer in Canada! Maybe you can do something I gues I've been a little more fortunate in that supposedly I have a buyback offer on the way. I'm sure it will include some kind of incentive to purchase another Mini. I loved that car so much that I'm not sure what I will do. 4 months is not enough time for the honeymoon to end. I do not even want to drive anymore..I'm so sad. I've been riding my bike to work even though I have a rental. All I can say is that my driving muse is gone! I might go without a car for a while. I did however test drive a Honda Civic today. Even though people may say not so nice things about these Japanese cars, they sure aren't breaking down in the middle of the freeway! Anyway, as I said, I am extremely sad...I need time to mourn. I hope you can get your car fixed as it is probably under warranty. Please keep me posted!

 

I wish Canada had proper lemon laws like there are in the states, but for some reason Canadian politicians don't seem to want to get involved in consumer affairs, but we do have the courts and I may be taking legal action once my lease obligations are fulfilled (I like the car, I just wish it wasn't so poorly made and supported)

My car's problems are mostly detail issues, it was delivered to me without options I bought being installed, the engine was loose on the mounts, loose suspension components, the sunroof failed, the doors don't close tightly and whistle, the hatch pops open while driving, the car doesn't start when it's cold and it rattles like hell. Just normal typical Mini stuff.

Funny you mention Honda, my last car was an Acura RSX which is basically a Civic. Most reliable car I have owned, never any problems of any kind, All I had to do was change the oil and it really retained it's value well. I bought it for 28000 and sold it five years later for 18000. I doubt my mini would fair as well.

But for all the Civic/Acura's sporty looks they are not much fun to drive, at least not as much fun as a Mini is. Too bad my Mini isn't functional as a daily driver

 

I have owned 3 MINIs and all of them have been built as solid as bank vaults. I am afraid a car whose hatchback opens while driving or the engine is loose can not be normal events on these cars by any stretch of the imagination. Sorry to hear about your issues but you truly did get what we call here a "turkey". The doors in on my 3 year old R53 S close tight and solid, the hatch closes like the day I bought it and the engine, well, is tightly screwed in the engine bay.

Wow, amazing to hear about a car like yours, really.

 

That's funny I sold my RSX last year and bought an MCS as well! The Acura was a really good car, but compared to the MINI it was BORING. I've had some problems with the MINI (like today), but not to the point of wanting to sell it. I hope it works out for you.

 

In Florida alone, there have been 53 MINI's lemoned. See, http://myfloridalegal.com/resale.nsf...&SearchWV=TRUE

 

And just FYI: Lemon laws are different in every state.

 

To be fair, only 5 of those were R56 though.

 

First before even threatening to lemon law a car have you done your part and written a letter to MINI Customer Service? When writing your letter express your excitement with the car and your subsequent disappointment. Include detailed information about the issue(s) you're having and how many repair attempts have been made and the subsequent outcomes. Indicate how many days you've been without your car since you've purchased it.

After you've written the email follow-up with a call to MINI Customer Service and ask if they've received your letter. Be polite but firm. No one gets anywhere by being rude to a customer service agent on the phone.

Second, I find MINI is eager to assist especially if you have more than one dealer in your local area and are able to try a different dealership for repairs.

I have lemon'd a VW GTi 16V back in 1992 and it was basically an arbitration issue. When I had an issue with my first R56 MCS, MINI was helpful and we were able to resolve the issue in an agreeable fashion for both of us.

 

Krut is right. MINI has an interest in avoiding the lemon label which goes with a car after it has gone through the legal process because they have to disclose it to subsequent purchasers in most states and it lowers the value of the car. In some states all you have to show is that the car has been at the dealer 30 days.

 

I just finished a buy back process for a 2006 VW Jetta TDI with engine problems.

The car spent over 30 days in the shop for the same problem: engine shuttering like it was on 3 out of 4 cylinders.

Best thing you can do is get a loaner car every time you have any major service performed. If you deside to press the buyback/lemon you'll at least have a loaner car, plus the dealer will pressure the manufacturer to speed up the process because they are losing money on you using their car.

All I did was called VW Service and told them to stop working on the car, park it outside, while I obtain legal advise for the matter. Hours later I got a call from a reginoal rep offering a buyback. Not to say Mini will do this, but who knows. I had also worked with customer service, but they were not very helpful. Come to think about it, the kicker for VW was when I told them I was moving from GA to VA and was going to use their loaner car to do so since I didnt feel like I 'owned' my acr at that point.

In GA the buyback goes by miledge divided by 100,000, in my case I had 32k miles on the car, so taking ful price of the vehicle they subtracted (32,000/100,000) or about 1/3 off the selling price and then added a few extra thousand to keep me away from legal matters.

Car costed 24,000 (plus about 2000 in taxes/fees)
VW offered me about 18,000 PLUS 4,000 to keep me quiet.

In the end we 'settled' at $23,000

The car was sent back to Sr. Service engineers and it was stated to me the car would end up going to a vehicle auction (probably sell for about 13-15,000 as I have seen).


Depending on the state you probably dont need a lawyer, but you should know all the legalities of the process.