BMW is known to manufacture performance luxury vehicles, and there’s no doubt about the prestige and star-power of a BMW car or SUV. But what happens if you purchase a BMW that breaks down a lot or has problems with its acceleration or braking system? Not only is this frustrating, but it can also be dangerous if it leaves you stranded on the roadway. Fortunately, the BMW lemon law in California may provide a remedy.
The California legislature created the state’s lemon law to provide legal recourse for consumers who unknowingly purchase a defective vehicle. Rather than leaving consumers stuck with a BMW that won’t work and with less money in their pocket, the lemon law can get you back into a new defect-free vehicle or force the manufacturer to repurchase the defective BMW.
If your BMW makes odd noises under the hood, experiences electrical and mechanical problems, or breaks down repeatedly, you may have a lemon. The Lemon Law in California states that your BMW must have “nonconformities,” which are defined as any defect or malfunction that is covered by BMW’s original factory warranty. To qualify for a lemon law claim, the nonconformities must restrict your BMW’s …
There are many defects that could affect your BMW’s safety, but there is no requirement under the law that the defect actually endangers you. So, if the BMW has a defect with its automatic seats, the mere fact that they work unpredictably could be enough to be the basis of a lemon law claim.
Common defects that affect safety include:
A BMW lemon law attorney at Neale & Fhima can help you determine if you are entitled to a legal remedy. You can find out more at: Do You Have a Lemon?
California has a very consumer-friendly lemon law compared to other states in the U.S., and the statutes ensure that car buyers are protected. Under the Song-Beverly Consumer Warranty Act, if you purchase a defective BMW that meets the legal definition of a lemon, you are entitled to a refund, or the vehicle can be replaced at BMW’s expense.
Yes, it has. For example, BMW lost a recent lemon law case in Los Angeles in which the buyer of a 2014 BMW 428i filed a complaint saying that the vehicle experienced shaking, service lights coming on and fuel gauge problems after purchase. The owner asserted that he requested BMW to buy back the car, as California’s Lemon Law requires, but the luxury automaker initially declined until the vehicle stopped in the middle of a busy highway. A jury ruled in favor of the buyer for the amount of $170,000. This was a victory for the California Lemon Law and proved that luxury vehicles are held to the same standards under the law. Click here for more information about this lawsuit.
The process starts by filing a legal claim against the manufacturer. Our attorneys can do this for you. We are aggressive and know how to win. We are not intimidated by the manufacturers’ attorneys, and we are determined to secure the best possible outcome on behalf of each client. To prevail in a BMW lemon law claim, you will have to:
That’s why it’s important that you have proof that you attempted to have the vehicle fixed — keep all receipts, work orders and used parts from each one of your repair appointments.
If it turns out that you have a lemon, you have choices:
Option A: Repurchase
BMW will take possession of the vehicle and issue you a refund of the purchase price (reduced by the value of your use of the vehicle prior to the first repair attempt). If you financed the vehicle, BMW will refund the payments and down payment and pay off the loan. You will also receive a refund of registration fees, taxes, etc.
Option B: Replacement
BMW will take possession of the vehicle and provide you with a new one. It must be an identical or substantially similar BMW. The manufacturer will pay the registration and taxes on the new vehicle, but you will not receive a refund of fees or finance charges paid on the original vehicle. This option requires the consent of both parties.
In some circumstances, we may be able to negotiate an additional option called a “cash and keep.” This would allow you to retain possession of your BMW and receive a cash payment to compensate for the defect.
As you can imagine, a luxury automaker like BMW wants to protect its reputation by defeating any lemon law claims. BMW’s attorneys will fight hard to rebuff your case. That’s why you need an experienced BMW lemon law attorney to champion your cause and take on the luxury car manufacturer. At Neale & Fhima, we know that BMW has lost lemon law cases, so the manufacturer is vulnerable despite its reputation for quality and luxury. To learn more about our outstanding legal team, you can read their attorney bios here. You can also read testimonials from our happy and satisfied clients.
The statute of limitations under California’s Lemon Law is four years. But don’t wait. Take action as soon as you start having problems with your BMW. The sooner the better. If you think your BMW may be a lemon, call an attorney at Neale & Fhima promptly to start legal action. Don’t be frustrated with a BMW that is always breaking down.
There’s nothing more disappointing than buying a luxury car only to have it malfunction repeatedly and spend as much time in the repair shop as it does on the road. Rather than getting frustrated, take action! You deserve to have your BMW running smoothly so you can enjoy it every day. Contact a lemon law attorney now at Neale & Fhima and we’ll help you get the justice you deserve. Neale & Fhima has a 99 percent success rate with these cases! For a free initial consultation, call us now at 888-407-2955.