BMWNA Buy back,,,,Help or Legal advised needed

[sTo0p_Ed]

Any advise or suggestions appreciated..... My fiance leased a 2013 Active3 Hybrid when they first came out and now starting to experience issues the past 2 months. It has been in and out of the dealer for battery issues. BMW are unable to fix the problem. We would pick up the car and then the check engine light would come back on after a couple of days. BMW have agreed to buy back the car from us. Anyone gone through this process?? Is this my best and only option with BMW? Do I just give them back the car and just walk away? This is the email they have sent us regarding our car.

BMW of North America, LLC (BMW NA) will repurchase your vehicle.

The provision of California Civil Code 1793.2 (the “Act”) provides in relevant part that if a manufacturer is unable to conform a vehicle to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either replace the new motor vehicle or refund the buyer an amount equal to the purchase price paid by the buyer less the amount directly attributable to use by the buyer prior to the discovery of the nonconformity.

We will reimburse you the full purchase price less the amount directly attributable to the use of the vehicle. If you claim incidental or collateral expenses relating to the subject your vehicle, please provide me with proof of those expenses prior to the date of your vehicle surrender, and we will increase your refund to include those amounts.

Your obligation under the Act is to deliver the vehicle to the manufacturer. We will arrange a date and time convenient for you to meet with a BMW representative at an authorized BMW center. At that time, our representative will present you with a check for the full purchase price less the amount directly attributable to the use of the vehicle plus incidental or collateral expenses, if applicable. You will be required to sign all documents necessary to properly transfer title to BMW NA.

DATE: June 25, 2015 CUSTOMER
VEHICLE YEAR AND MODEL: 2013 BMW 335i
VIN: WBA3F9C59DF484029

BMW NA PAYMENT TO CUSTOMER
Down Payment
$5,250.00
Lease/Finance Payments
$14,944.75
Registration Fee
$423.00
AMOUNT ATTRIBUTABLE TO USE BY CUSTOMER BEFORE CUSTOMER FIRST
RISE TO THE CLAIMED DEFECT

$56,499.00 X (28,692.00 / 120,000) = $13,508.91


OTHER

TOTAL PAYMENT BY BMW NA TO CUSTOMER
$7,108.84

Approximate balance owed on purchase agreement or lease to be paid by BMW NA $43,291.73


CUSTOMER RETURN OF VEHICLE
Customer shall return vehicle to BMW NA with clear title.

THE ABOVE SUMS ARE ACCURATE

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[M3Bimmer77]

They will credit you the price of the car minus 25cents on the driven mile. Sometimes the tax can be credited to another car, of course at the same dealer. If you bought extra protection they will prorated. Sometimes they will credit the dealer fee. Tag, reg and other fees will not be credited. As always it's a loose - loose situation for the buyer. Dealers will do anything to sell a car. But once you sign you will start seeing the other side. More when you start to experience issues. GLWD

[smyles]

Buy back on a lease? If the above is the only offer,and besides CEL the car drives fine, I would continue using till the lease end. Losing $$ on all those fees would drive me nuts.

[sTo0p_Ed]

I dont know if buy back is the correct term, but we have 6 months remaining on our lease and BMWNA will take the car back and pay off the remaining payments.

[RR-NYC]

I'm too lazy to look up CA lemon law but you should be getting back everything you put into it, including taxes and fees, minus usage which is the documented mileage at the first attempt to repair the vehicle

I lemoned a Range Rover Sport in NJ. I brought the vehicle in for the recurring problem when it had 168 miles on the odometer. It was bought back at 18k miles. They gave me everything i paid minus 168 miles ($128)

[sTo0p_Ed]

I think Lemon Law only applies the first year? I was hoping I would be able to get something back besides of just turning in the vehicle.

[RR-NYC]

Originally Posted by sTo0p_Ed

I think Lemon Law only applies the first year? I was hoping I would be able to get something back besides of just turning in the vehicle.

The lemon laws vary from state to state. You should read your own states law. Repurchase and lemon law are the same.

After re-reading your other post though, am I to understand that they are just paying the remainder of the lease? If so, they are essentially just giving you an early termination.

[SheaButter]

I don't know your financial situation, but I would leave the option on the table to hop in a brand new lease at a superprime rate (not sure if you're superprime or not). Sometimes dealers will dump the rate down and put you in a brand new one, just to make sure you have the "ultimate driving machine" in your hands. Not your #1 route for sure, but just a thought.