[packinDSS]

LEMON LAW IT!!!!

I kept the car and got 10k along with an additional 2 years of warranty on my 03 cobra that overheated 5 times in the first year I owned it! Turned out the overflow tank threads were slightly stripped and sucking air into the system causing the overheating which they eventually fixed.

You guys with multiple HPFP failures qualify for Lemon Law. Google lemon law attorney....I do not want to plug anyone here. You will be able to keep the car and get a settlement. If more people make BMW pay for this shi**y fuel pump design they will act to permantly fix it with a redesign!


updated 10/01/2009

Drive it normally and let it fail......replace...fail....replace....then call Lemon Law attorney. They will review your repair history from the dealer and then only take the case if they think you have a claim. THERE IS NO OUT OF POCKET COST TO YOU!! IF ATTORNEY WINS THEY ARE PAID BY MANUFACTURER! IF ATTORNEY LOSES YOU OWE NOTHING! You have nothing to lose and everything to gain (for all of us)

Originally Posted by kirby135i

i thought with lemon law they (BMW) "buy" the car back from you.

A buyback is the worst case scenario for the manufacturer. They take a total loss and have to scrap (crush) your vehicle as it cannot legally be resold if they buy the car back as a Lemon. My attorney said that 95% of time the manufacturer will settle for $XXXX and a warranty extension (w/BMW you could push for Maintenance too). You have nothing to lose.....talk to a Lemon attorney (google it).

updated 10/08/2009

Originally Posted by I335

So once you get your car back it's labeled a lemon and your dealership hates your guts and won't deal with you anymore - where does that leave you?

A settlement does "NOT" make your car a Lemon. Your title will not say lemon and will be clean. The settlement just means that you and the manufacturer came to an agreement in which they gave you a refund of some amount for the problems you expierenced. YOUR CAR WILL NOT BE RE-TITLED AS LEMON.

Now if they buy the car back from you then it IS A LEMON and the title will state LEMON. BUt you wont own the car anymore so who cares.

God so many excuses in this thread not to go the Lemon route.......Hey can I sell you something for 50k and then when it constantly breaks and I fix it you just keep your mouth shut because you don't want to make me angry.....LOL...and I keep collecting your payments.....DOES ANYONE HEAR THEMSELVES.

Why is everyone (or most folks) so afraid to go this route? BMW knows there is a problem with the HPFP and doesn't want to spend the $$$$ to recall it...... Do you want to let them get away with that???? Or do you want to do something about it ? (triumph't song plays in background..)

[MuchMoore]

Several members have already gone this route.

[Jonny550]

Originally Posted by MuchMoore

Several members have already gone this route.

[Dvdman]

Interesting..

[OM3G@]

Originally Posted by MuchMoore

Several members have already gone this route.

I wonder if any of those members would like to respond to this thread and let us know how that went. Seems like a no-brainer if you keep the car and get a settlement, why wouldn't everyone with HPFP problems do this?

[happy4nk8er]

Originally Posted by OM3G@

I wonder if any of those members would like to respond to this thread and let us know how that went. Seems like a no-brainer if you keep the car and get a settlement, why wouldn't everyone with HPFP problems do this?

Typically when you settle a dispute you sign a non disclosure agreement, so those honoring it (the agreement) will not tell us anything.

[Kbueno]

BMW just needs to step up and over-engineer a new pump and do a mandatory recall......I can dream right?

[WilliamE92]

Originally Posted by 335lvr

BMW just needs to step up and over-engineer a new pump and do a mandatory recall......I can dream right?

Thats about as likely to happen as someone stepping up and offering $90 trillion for the margaritaville in your avatar

[boom]

I'd be very interested in the lemon law guys' results. I've had mine go out once with bullshit explanation of top tier gas, blah blah. It's basically a never endingmod prohibitor. You never want to go too far b/c you know it will ultimately fail requiring another dealer visit. It's not that I'm advocating the whole hide your mods/protect your warranty thing but in this case, the hpfps are a known issue that happen irrespective of mods. It would suck to get denied a replacement pump because of an intake.

[boom]

Also, the nondisclosure of a settlement doesn't apply here b/c screen names are anonymous.

[happy4nk8er]

Originally Posted by boom

Also, the nondisclosure of a settlement doesn't apply here b/c screen names are anonymous.

Ya think so, maybe, but I would not count on that.

[OM3G@]

Originally Posted by happy4nk8er

Ya think so, maybe, but I would not count on that.

Sure but they don't have to go into specifics if that's not an option. Just a quick "Hey guys, I have a "friend" who did this, thumbs up (or thumbs down)!"

The OP spilled the beans about his cobra. So packin, did Ford make you sign a NDA?

[packinDSS]

Originally Posted by boom

I'd be very interested in the lemon law guys' results. I've had mine go out once with bullshit explanation of top tier gas, blah blah. It's basically a never endingmod prohibitor. You never want to go too far b/c you know it will ultimately fail requiring another dealer visit. It's not that I'm advocating the whole hide your mods/protect your warranty thing but in this case, the hpfps are a known issue that happen irrespective of mods. It would suck to get denied a replacement pump because of an intake.

Drive it normally and let it fail......replace...fail....replace....then call Lemon Law attorney. They will review your repair history from the dealer and then only take the case if they think you have a claim. THERE IS NO OUT OF POCKET COST TO YOU!! IF ATTORNEY WINS THEY ARE PAID BY MANUFACTURER! IF ATTORNEY LOSES YOU OWE NOTHING! You have nothing to lose and everything to gain (for all of us)

[kirby135i]

i thought with lemon law they (BMW) "buy" the car back from you.

[packinDSS]

Originally Posted by kirby135i

i thought with lemon law they (BMW) "buy" the car back from you.

A buyback is the worst case scenario for the manufacturer. They take a total loss and have to scrap (crush) your vehicle as it cannot legal be resold if they buy the car back as a Lemon. My attorney said that 95% of time the manufacturer will settle for $XXXX and a warranty extension (w/BMW you could push for Maintenance too). You have nothing to lose.....talk to a Lemon attorney (google it).

[kirby135i]

has to be the same failure right? cant have hpfp failure then another component failed right?

[npinibir2]

going this route with my 328i 2008.

[packinDSS]

Originally Posted by kirby135i

has to be the same failure right? cant have hpfp failure then another component failed right?

Typically needs to be same issue or same part replaced. Sometimes dealers play a game where they keep saying it was something different each time but replace same parts......

If your car continually has issues (different issue each time) frequently that result in you bringing the car to dealer you could have a claim too. Talk to the Lemon attorney about it. COST NOTHING

[chumley]

Ya, I'd like to hear the results people have had too. I'm not disputing the statements here, but when I read Florida's lemon law it's not quite drive>replace>drive>replace = lemon.


Florida Lemon Law 681.104 Nonconformity of motor vehicles

After three attempts have been made to repair the same nonconformity, the consumer shall give written notification, by registered or express mail to the manufacturer, of the need to repair the nonconformity to allow the manufacturer a final attempt to cure the nonconformity. The manufacturer shall have 10 days, commencing upon receipt of such notification, to respond and give the consumer the opportunity to have the motor vehicle repaired at a reasonably accessible repair facility within a reasonable time after the consumer's receipt of the response.

I read this as AFTER 3 times, they get one more shot at it....Are there that many people that have had it replaced 4 times and had another failure?

[packinDSS]

Originally Posted by chumley

Ya, I'd like to hear the results people have had too. I'm not disputing the statements here, but when I read Florida's lemon law it's not quite drive>replace>drive>replace = lemon.


Florida Lemon Law 681.104 Nonconformity of motor vehicles

After three attempts have been made to repair the same nonconformity, the consumer shall give written notification, by registered or express mail to the manufacturer, of the need to repair the nonconformity to allow the manufacturer a final attempt to cure the nonconformity. The manufacturer shall have 10 days, commencing upon receipt of such notification, to respond and give the consumer the opportunity to have the motor vehicle repaired at a reasonably accessible repair facility within a reasonable time after the consumer's receipt of the response.

I read this as AFTER 3 times, they get one more shot at it....Are there that many people that have had it replaced 4 times and had another failure?

Each state will be different. FL reads that after you notify the manufacturer of your claim (can't notify prior to 3 times) they get one more time to fix. But if you let it go 6 times they still get one more attempt.....

MY POINT IS THAT IF WE WANT TO GET THIS KNOWN HPFP FAILURE PROBLEM RESOLVED THIS IS THE WAY TO GO ABOUT IT. Lemon Laws exists for this very reason.....BMW is choosing to ignore the HPFP problem rather than recall them (for $$$ resons), etc... A class action suite could also do this.

[undecided]

Originally Posted by packinDSS

Typically needs to be same issue or same part replaced. Sometimes dealers play a game where they keep saying it was something different each time but replace same parts......

If your car continually has issues (different issue each time) frequently that result in you bringing the car to dealer you could have a claim too. Talk to the Lemon attorney about it. COST NOTHING

Let's say 1st pump lasts 6 months, 2nd 1 year, 3rd 1 year, you're already in year 3 of ownership.
Even worst case, let's say the pump fails in 2nd year and the next one 2 more years, it's easy to see how the lemon law does not protect against these kinds of failures where the manufacturer knows the part is defective but they also know the part lasts long enough where the lemon law won't force them to replace a lot of them. Basically BMW is amortizing the "fix" costs over many years. Much easier than taking a $1B hit to find a permanent fix and recall ALL N54 HPFPs.

[packinDSS]

Originally Posted by undecided

Let's say 1st pump lasts 6 months, 2nd 1 year, 3rd 1 year, you're already in year 3 of ownership.
Even worst case, let's say the pump fails in 2nd year and the next one 2 more years, it's easy to see how the lemon law does not protect against these kinds of failures where the manufacturer knows the part is defective but they also know the part lasts long enough where the lemon law won't force them to replace a lot of them. Basically BMW is amortizing the "fix" costs over many years. Much easier than taking a $1B hit to find a permanent fix and recall ALL N54 HPFPs.

Anyone with the above type/frequency problems should still contact a Lemon Lawyer. Do not assume anything....it costs nothing to contact a lemon attorney. Nothing to lose here and everything to gain!