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      08-10-2020, 09:04 PM   #1
Krislovesbmw
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Lemon BMW X7, Resold can be bought back by BMW again?

Just wondering if Lemonned BMW X7 continue to have same issues will BMW buy back again ? I was told BMW has to fix the issue before reselling and provide 1 year warranty on the fix or factory warranty which ever comes late. does anyone know how lemon law works on resold vehicles ?

sorry for the weird question...
this is the great forum ask all type of questions and get clarifications.
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      08-11-2020, 12:39 AM   #2
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The manufacturer has to fix the issue and they will be able to resell the vehicle under a "buyback" title. Typically they go to auction and is bought by smaller, independent dealers at a steep discount.
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      08-11-2020, 08:29 AM   #3
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Quote:
Originally Posted by fkim119 View Post
The manufacturer has to fix the issue and they will be able to resell the vehicle under a "buyback" title. Typically they go to auction and is bought by smaller, independent dealers at a steep discount.
Yes that's correct, after sale in auction and dealer sells to individual and if they continue to have the same issues... will BMW buyback again ?
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      08-11-2020, 09:17 AM   #4
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Quote:
Originally Posted by Krislovesbmw View Post
Yes that's correct, after sale in auction and dealer sells to individual and if they continue to have the same issues... will BMW buyback again ?
It's dependent on state, but typically any car under a valid manufacturer's warranty could be deemed a lemon. So a used/resold car could be lemon'd in certain states if it were still under manufacturer's warranty, however, once a salvage/lemon title is issued, the original manufacturer's warranty is out the window.

After the fix, you'd likely be talking about a third party warranty (if they'd even be able to get one written) being offered rather than a full manufacturer's warranty, but in certain states, even a third party warranty could be covered under lemon law. Of course, this is going to be much more painful to pursue as you're talking about dealing with these third party warranty companies for the buy back, not the manufacturer.

If you're saying it's BMW's policy to offer their own warranty on a car for it to go back out and get a lemon title, rather than being sold as-is at auction, I would imagine that just means they are crushing a lot of cars and don't let very many get resold. Perhaps there's a scenario that BMW bought back a car before they realized they needed to recall a specific part which had a true fix with a replacement part and would consider to offer a full warranty, but even then, it likely wouldn't be worth the risk on their end.
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      08-11-2020, 09:48 AM   #5
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Quote:
Originally Posted by unfoundnemo View Post
It's dependent on state, but typically any car under a valid manufacturer's warranty could be deemed a lemon. So a used/resold car could be lemon'd in certain states if it were still under manufacturer's warranty, however, once a salvage/lemon title is issued, the original manufacturer's warranty is out the window.

After the fix, you'd likely be talking about a third party warranty (if they'd even be able to get one written) being offered rather than a full manufacturer's warranty, but in certain states, even a third party warranty could be covered under lemon law. Of course, this is going to be much more painful to pursue as you're talking about dealing with these third party warranty companies for the buy back, not the manufacturer.

If you're saying it's BMW's policy to offer their own warranty on a car for it to go back out and get a lemon title, rather than being sold as-is at auction, I would imagine that just means they are crushing a lot of cars and don't let very many get resold. Perhaps there's a scenario that BMW bought back a car before they realized they needed to recall a specific part which had a true fix with a replacement part and would consider to offer a full warranty, but even then, it likely wouldn't be worth the risk on their end.
I am sure BMW manufacturing warranty is still intact for lemon title, I was just wondering how the lemon law works on buyback titles ?
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      08-11-2020, 03:58 PM   #6
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Quote:
Originally Posted by Krislovesbmw View Post
I am sure BMW manufacturing warranty is still intact for lemon title, I was just wondering how the lemon law works on buyback titles ?
Again, this is going to vary depending on state, but a buyback is generally just going to be treated as a used car. Where I'm at (PA), used cars are simply not covered under state lemon laws. In CA, used cars are covered, and it appears they even go as far as explicitly stating buybacks are covered.

It looks like you're in TX where it doesn't seem to be as well-defined. TX laws state that new cars, purchased by a dealer within the state, are covered and used vehicles may be covered if they're still under the original warranty. That "may" would scare me, so there would have to be an extremely steep discount to consider purchasing a buyback vehicle as complicated as the X7.

It's possible there would be more of a case for the "may" with a buyback vehicle as it looks like TX is explicitly requiring a new 12 month/ 12,000 mile express warranty be issued for the vehicle to be resold, plus if it were the same issue, you would at least have hard documentation that the issue was identified prior to the resale of the vehicle, but it would likely be a long/hard fought case without precedent, and it might be easier to look for protection from the Magnuson–Moss Warranty Act.
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