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Does that qualify for a lemon in your state? I know in California, it's a lemon if the same part fails 3 times in the first year.
I have been following the HPFP issue on this forum since the 335i debut in North America and sadly it's hit or miss. There's a member that has over 50,000 miles on his 335i and still on the first pump. And there are members who had a faulty pump within the first week of owning the car.
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