BMW, short for Bayerische Motoren Werke, began in 1916 as an aircraft engine manufacturer in Germany. Following the war, the manufacturer shifted to making motorcycles and later entered the automobile industry in 1928. Even though BMW has gained recognition for its sporty, well-engineered cars, there have been instances of lemon vehicles that the company had to buy back. Because of the California Lemon Law, you may be able to return your BMW vehicle.
Under California Lemon Law, manufacturers have to buyback a new vehicle if there's an unrepairable defect. Does BMW buy back cars? Yes, when there’s a significant defect affecting the safety, value or use of the vehicle.
The Lemon Pros have experience defending clients in California with a defective vehicle from BMW. Our practice area allows us to focus solely on getting compensation for our clients. Contact us today for your free consultation.
In this guide, we help you get started with a Lemon law claim, so you can reclaim the vehicle’s purchase price and more. There’s no reason for you to drive a defective vehicle any longer. Let us show you how many BMW owners get compensation.
A common remedy in Lemon law cases is to have BMW buyback the vehicle. A Lemon law buyback means that you return the vehicle back to BMW and, in exchange, the automaker pays you what the vehicle is worth. This way you can pick out a new vehicle of your choice.
Manufacturers buy back vehicles if they qualify for a Lemon law claim. Instead of trying to fix the car further or giving you a vehicle replacement, the automakers pay you a settlement to return the defective BMW.
The Lemon law buyback is different from a trade-in because you are going to get your money back for the car, minus some deductions for the use, whereas a trade-in simply means you give the dealership a vehicle towards the purchase of another. It’s also different from a recall, where the repair is covered by BMW.
BMW policies are subject to state and federal laws, namely the Song Beverly Consumer Warranty Act in California and the Magnuson Moss Warranty Act. The automaker follows the California Lemon law buyback formula if the driver can prove that it qualifies as a defective vehicle.
A Lemon law buyback is possible if there’s a significant defect that affects the vehicle's safety, use or value. Because of the broad definition, a lot of typical complaints can quickly turn into a claim for a BMW vehicle. Here are just a few examples:
Engine/transmission failure: Any major system failure is covered under the California Lemon Law.
Electrical system malfunction: Software glitches and other electrical malfunctions are covered, especially if they involve high-tech driver-assist technology.
Persistent brake or steering problems: Both the steering and braking systems are required for safe travel, making them vital to a safe-running vehicle.
Airbag or other safety system issue: A BMW buyback is necessary if the car is no longer safe to drive.
Of course, even smaller complaints could be covered under the Lemon law definition. If the air conditioner, power windows or other accessories aren’t working, you may still be eligible for a Lemon law payout.
Before filing a claim, it’s necessary to review the details and ensure your vehicle meets the requirements for a Lemon law case. Otherwise, you could spend a lot of time trying to fight a case that has no standing. While every state is different, the rules in California are as follows:
California lemon law covers both new and used cars, in some circumstances. The vehicle must still be covered by the manufacturer’s warranty and the defect must be included in the terms. Additionally, you can lease or finance the car, but it doesn’t make a difference in the compensation you will receive. Finally, the defect must occur within the first 18 months or 18,000 miles, with a new car.
The defect must be substantial enough to impair the safety, use or value of the vehicle. We’ve given some practical examples above of what these look like, but there’s a lot of gray area as to what’s covered.
For your claim to qualify, you must allow the dealership the chance to fix the car. You are required by law to allow for multiple repair attempts for the same issue before you can start the claim process. When dealing with a serious safety issue, you are only required to have the car in the shop two times. All others require a minimum of four repair attempts.
Aside from the minimum number of repair attempts, the dealership cannot hold your car for more than a month for the same issue. If your car is out of service for a substantial amount of time, your vehicle may qualify without the necessary number of repair attempts.
It’s best to begin your claim with the help of a lemon lawyer. While we can provide the steps to you, a lot of mistakes can be made without a qualified attorney on your side.
When cases are lost, it’s often because there’s not enough documentation to make a strong case. For this reason, you want to keep a record of everything and gather all of your documentation.
Starting with the original purchase, you want the paperwork you signed and the warranty agreement. If there’s been any correspondence between you and the dealer or the manufacturer, that should also be documented.
Keep all of the repair orders and invoices from the authorized BMW service center. If possible, have the technician or service advisor write notes on the orders about the end result of each visit. You need precise documentation of the timeline, proving that you’ve allowed adequate time to have the issue resolved.
You also want any receipts detailing expenses you’ve paid out of pocket. If you win a cash settlement, you may be entitled to registration fees, sales tax, interest payments, rental car fees and towing costs.
Once your car qualifies for a claim, you must reach out to BMW customer service to formally report the issue. While you can start with an email or phone correspondence, California law requires a demand letter to be sent. We recommend sending the letter by certified mail so there’s a paper trail.
In your demand letter, include details about the defect, outline the repair history and make clear what your expectations are. You may need to submit supporting documents to prove your case or fill out other forms requested by the manufacturer. Make sure you comply with everything that’s asked of you.
Of course, you want to keep a copy of all the communication, just in case the claim needs to go to court.
Even when you’ve followed all of the necessary requirements, BMW may still ask to inspect the vehicle and defects once again. You want to allow all requests, within reason, to ensure your claim goes through. If BMW wants another inspection to verify the defect, go ahead and give it to them.
Take your car to the authorized dealership or service center and follow all of the instructions given to you. With the new inspection, ask for more documents showing the findings of the appointment.
In some cases, BMW is going to offer more repair attempts instead of a buyback. If you’ve already allowed the minimum amount of repairs, you may not need to comply. In this case, it’s best to have a lemon lawyer review your case.
There’s also the chance that BMW will push for arbitration. There are times when taking this route makes a lot of sense.
Research all state and federal laws to determine what you are entitled to. You may be able to request a refund, a replacement vehicle or a cash-and-keep settlement. It’s critical that you understand what you want and what you are entitled to.
There will likely be some deductions off the original purchase price, especially if you’ve gotten use from the vehicle before the defect began. The miles driven will be worked into a formula to determine fair compensation.
It's essential to review any BMW buyback offer very carefully. A lawyer can help you determine a fair settlement amount and is designed to protect consumers from unfair negotiations.
There’s always the chance that BMW denies your request. This occurs most frequently when you don’t have adequate representation against the manufacturer. Otherwise, it could be that you don’t have enough documentation to support your claim.
If you can’t file a claim, there are other possible options. BMW may be subject to civil penalties, especially if there was fraud or misrepresentation involved. You can also file with the State’s Department of Justice or Better Business Bureau (BBB), so your claim is heard by others.
If you’ve followed all of the necessary steps and feel that your claim is valid, you want to hire a Lemon law attorney. Do not attempt to settle with BMW on your own, or you may end up with nothing.
If you want the highest payout available, consider following our simple tips:
Know your rights. You need to know everything you are entitled to. Research state and federal laws to ensure your claim complies.
Gather comprehensive documentation. Keep a record of everything, no matter how small it is. A lot of documentation is needed to prove a Lemon law case, so you don’t want to come up short.
Understand the refund amounts. You will have several options when it comes to compensation. Use a Lemon law buyback calculator to see what you are entitled to, with an understanding that the manufacturer may also need to pay for any uncovered repair costs and expenses. Always ask for a clear breakdown of how the buyback value is determined.
Negotiate for better terms. If you aren’t happy with the initial offer, go ahead and fight for more. You should always be polite, but you are entitled to fair compensation. Present the evidence of the defect’s impact on the vehicle’s value and functionality to ensure your claim is taken seriously.
Above all, you should hire a Lemon law attorney. If you want fair compensation and you need to have your rights defended, it’s best to consult with a lawyer. BMW may not take your claim seriously until you hire a Lemon law attorney. Seek an attorney that specializes in Lemon Law, to ensure you get the best outcome possible.
The average timeline for a Lemon law buyback depends on how complicated your case is. It could take anywhere from several months to a year. There are multiple stages to a claim, including the inspection, repair attempts and negotiation, before a settlement occurs.
If your case needs to go to court, you are looking at longer. Thankfully, most lawyers work on a contingency basis, meaning they cost nothing upfront. Instead, the attorney fees are paid when you win your case and the cost is reimbursed by the manufacturer.
If you’ve been dealing with persistent issues with your BMW, you have several options. The best settlement is the one that fits your needs.
A buyback is a great option, but having BMW replace the vehicle may also be desirable. BMW will give you a replacement matching the model of what you are currently driving. It will also have the same features, except it will be free of defects.
In this case, you will take on a new payment, as determined by you and the manufacturer. In some cases, your existing terms can be carried over to the replacement vehicle.
You may also be entitled to a cash refund for the car. With this settlement, there will be several factors that determine how much you’ll receive. Any repair costs or diminished value due to mileage will be added in.
If BMW asks you to take a cash settlement and keep the car, you need to be careful. First, you don’t want to agree to any deal that may hurt you later. Even if the defect is small, you will be required to disclose that the car is a lemon when it is sold in the future, thereby reducing its value.
You don’t have to be stuck in a defective BMW any longer. If your car qualifies, you may be entitled to a BMW buyback.
Get all of your documentation together and reach out to a professional for more guidance. BMW is more apt to respond correctly if there’s a lawyer working on your side.
The Lemon Pros have experience working with BMW to get the maximum settlements. As best Lemon law attorneys in California, we’ve gone up against the largest manufacturers and won. Contact us today for your free case evaluation.
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