[xxx5phev]

Originally Posted by BourbonJ

After about 40 days we started the Buyback directly with BMWNA, at first they were reluctant and didn't answer my emails or calls. So I consulted some LL Attorneys and they were more than willing to take on case, in CA. it was pretty much a slam dunk after 30 days. When I mentioned this to BMWNA "then" they started the Buyback more seriously. The dealership has been great, and our service manager has been sympathetic as well. In our case the dealership was not really involved in the Buyback, I dealt directly with BMWNA. The process has taken about 2 months, so if you decide to do it just be aware it takes time. They also offered me cash and keep of $4K if I kept the car, but at that time the 50e was in the shops for "90 days and not working", so I say no. FYI: If you accept a Cash and Keep at any time, you cannot Lemon Law vehicle in the future.

Are you saying BMWNA offered to pay you $4k in cash (for essentially your troubles) and you keep the car but cannot claim the lemon law on vehicle moving forward? Did i understand that right?

I would need more then $4k and the existing problem would need to be resolved first and my full warranty extended to 100,000 miles.

For those that are experiencing this problem and were out of their car for an extended period of time i would reach out to BMWNA and experience your frustration and concern with the reliability of the car and see if theres anything they are willing to do. This happed to me with my Ford F150 hybrid truck and Ford corporate extended my full factory warranty to 100k miles. Just a thought.

[BourbonJ]

Originally Posted by xxx5phev

Are you saying BMWNA offered to pay you $4k in cash (for essentially your troubles) and you keep the car but cannot claim the lemon law on vehicle moving forward? Did i understand that right?

I would need more then $4k and the existing problem would need to be resolved first and my full warranty extended to 100,000 miles.

For those that are experiencing this problem and were out of their car for an extended period of time i would reach out to BMWNA and experience your frustration and concern with the reliability of the car and see if theres anything they are willing to do. This happed to me with my Ford F150 hybrid truck and Ford corporate extended my full factory warranty to 100k miles. Just a thought.

Yes, BMWNA offered us $4K to keep the car instead of proceeding with the buyback process. At the time of the offer our 50e had been and was in still in for repairs and "not" running for aprox. 90 days!

We declined offer. Now depending on how many days, cash offer and if problems were resolved to owners satisfaction maybe the offer would be something to consider.

After consulting with LL attorneys they informed us if we accept the "cash and keep" offer we would have to sign document with BMW that a Lemon Law claim cannot be submitted in the future.

I know others have had a good experience, but our experience with BMWNA was not a good one. We tried the sugar approach, but the agent we talked to did not care, and was reluctant to initiate the buyback.

They never apologized, answered our calls or emails. That is the reason with consulted with attorneys and reminded them about litigation as an option, "then" they finally expedited with the buyback.

[Bogey99]

Originally Posted by BourbonJ

Yes, BMWNA offered us $4K to keep the car instead of proceeding with the buyback process. At the time of the offer our 50e had been and was in still in for repairs and "not" running for aprox. 90 days!

We declined offer. Now depending on how many days and if problems were resolved to owners satisfaction maybe the offer would be something to consider.

After consulting with LL attorneys they informed us if we accept the "cash and keep" offer we would have to sign document with BMW that a Lemon Law claim cannot be submitted in the future.

I know others have had a good experience, but our experience with BMWNA was not a good one. We tried the sugar approach, but the agent we talked to did not care, and was reluctant to initiate the buyback.

They never apologized, answered our calls or emails. That is the reason with consulted with attorneys and reminded them about litigation as an option, "then" they finally expedited with the buyback.

Was the buyback amount a straight calculation based on what you paid? Did they offer any further small compensation amount for 'pain and suffering' on the buyback, or was that just on the 'cash and keep' option?

[TurtleBoy]

Originally Posted by Bogey99

Was the buyback amount a straight calculation based on what you paid? Did they offer any further small compensation amount for 'pain and suffering' on the buyback, or was that just on the 'cash and keep' option?

They often charge for mileage and deduct it from the buyback amount.

[xxx5phev]

Originally Posted by BourbonJ

Yes, BMWNA offered us $4K to keep the car instead of proceeding with the buyback process. At the time of the offer our 50e had been and was in still in for repairs and "not" running for aprox. 90 days!

We declined offer. Now depending on how many days and if problems were resolved to owners satisfaction maybe the offer would be something to consider.

After consulting with LL attorneys they informed us if we accept the "cash and keep" offer we would have to sign document with BMW that a Lemon Law claim cannot be submitted in the future.

I know others have had a good experience, but our experience with BMWNA was not a good one. We tried the sugar approach, but the agent we talked to did not care, and was reluctant to initiate the buyback.

They never apologized, answered our calls or emails. That is the reason with consulted with attorneys and reminded them about litigation as an option, "then" they finally expedited with the buyback.

Follow up question. At the end of the buy back process to they make you fully whole again? As in every dime you spent you got back including registration fees and what not?

[Danpaw]

Originally Posted by xxx5phev

Follow up question. At the end of the buy back process to they make you fully whole again? As in every dime you spent you got back including registration fees and what not?

No, you receive your purchase price plus interest paid, less any potential negotiated mileage offset. This is calculated at current mileage / 100,000 miles * purchase price.

[Steve737]

Originally Posted by Danpaw

No, you receive your purchase price plus interest paid, less any potential negotiated mileage offset. This is calculated at current mileage / 100,000 miles * purchase price.

What about the Taxes I’m going through the same process though through the dealer who is contacting BMWNA.

[Danpaw]

Originally Posted by Steve737

What about the Taxes I’m going through the same process though through the dealer who is contacting BMWNA.

Those were returned to me.

[Steve737]

Originally Posted by Danpaw

Those were returned to me.

Thanks!

[Danpaw]

Originally Posted by Steve737

Thanks!

Np! I should mention, I had an LL attorney engaged and settled outside of court.

[Steve737]

Originally Posted by Danpaw

Np! I should mention, I had an LL attorney engaged and settled outside of court.

Ya I’m going to see what they say tomorrow. If it goes south then I’ll hire a LL attorney. It’s been towed twice in the shop 6 time 2 plus months for the HV battery so shouldn’t be a problem. The dealership ordered me an X7 so I thought it was a done deal but now BMWNA is not cooperating. They did try and get me to sign a waiver and give me 2000 dollars for my trouble. After reading it there was no way I was signing!

[Danpaw]

Originally Posted by Steve737

Ya I’m going to see what they say tomorrow. If it goes south then I’ll hire a LL attorney. It’s been towed twice in the shop 6 time 2 plus months for the HV battery so shouldn’t be a problem. The dealership ordered me an X7 so I thought it was a done deal but now BMWNA is not cooperating. They did try and get me to sign a waiver and give me 2000 dollars for my trouble. After reading it there was no way I was signing!

Just remember that the legal route is free, and will always be paid by the manufacturer in case ones setttles. Good luck

[eluded]

Are you seeking assistance from lawyers experienced in California’s Lemon Law? The Song-Beverly Consumer Warranty Act clearly states that if a vehicle spends 30 days in the shop for repairs within the first 18 months or 18,000 miles, it is considered a lemon. In such cases, the manufacturer is obligated to buy back the car at the full purchase price.

Originally Posted by BourbonJ

Yes, BMWNA offered us $4K to keep the car instead of proceeding with the buyback process. At the time of the offer our 50e had been and was in still in for repairs and "not" running for aprox. 90 days!

We declined offer. Now depending on how many days and if problems were resolved to owners satisfaction maybe the offer would be something to consider.

After consulting with LL attorneys they informed us if we accept the "cash and keep" offer we would have to sign document with BMW that a Lemon Law claim cannot be submitted in the future.

I know others have had a good experience, but our experience with BMWNA was not a good one. We tried the sugar approach, but the agent we talked to did not care, and was reluctant to initiate the buyback.

They never apologized, answered our calls or emails. That is the reason with consulted with attorneys and reminded them about litigation as an option, "then" they finally expedited with the buyback.

[TurtleBoy]

Originally Posted by eluded

Are you seeking assistance from lawyers experienced in California’s Lemon Law? The Song-Beverly Consumer Warranty Act clearly states that if a vehicle spends 30 days in the shop for repairs within the first 18 months or 18,000 miles, it is considered a lemon. In such cases, the manufacturer is obligated to buy back the car at the full purchase price.

Are you sure about that? I think it is the Tanner Consumer Protection Act.

[BourbonJ]

Originally Posted by xxx5phev

Follow up question. At the end of the buy back process to they make you fully whole again? As in every dime you spent you got back including registration fees and what not?

As others have mentioned the buyback amount includes sales tax, registration, license fee and any other fees in contract minus mileage described by another post.

We finally just picked up our check yesterday 1/24 at dealership, it was handled by a 3rd party representing BMW, we meet at dealership, we had bought 50e on 9/23.
Simple process of transferring vehicle to them. Interesting enough when I asked him had he bought back other 50e, he said a few, he would not disclose how many.

He acknowledged that BMW knows that if you hire LL attorney they will have to pay attorney fees between $10-$15K, plus the depreciation of 20-25% for the vehicle because now they legally "have" to register it as Lemon Law buyback and label it as so when they re-sale it. Also new owner will not be able to get the federal tax credit.

Good luck to anyone going thru the process, though we still like the PHEV, my wife has decided to go with the 40i M Sport fully loaded instead, she does not want to keep worrying if one day it will not start again and leave her stranded or just as worse, very expensive problems after warranty.

My final piece of advice is report this problem. This Forum has been a great place to find out, unfortunately, the many safety issues and problems the 2024 BMW X5 50e has been having. But it is not the owners responsibility to diagnose problems of a new 2024 vehicle.

I hope owners posting will report these issues to the NHTSA at https://www.nhtsa.gov/report-a-safety-problem#vehicle. It is a pretty simple process to fill out. Imagine if just a fraction of all these post did, it would definitely make an impact.

We still love the BMW, but we need to hold BMW accountable to fix the our problem(s) and help others not go thru the same problems and safety issues we are going through, we need to officially document and file them with the NHTSA.

[BourbonJ]

Originally Posted by Bogey99

Was the buyback amount a straight calculation based on what you paid? Did they offer any further small compensation amount for 'pain and suffering' on the buyback, or was that just on the 'cash and keep' option?

It was just straight up what we paid OTD (out the door), we got full amount since car only had 130 miles. LL Attorneys said when they settle buybacks, it is usually just what you paid plus maybe rental car or any expenses you can document. Because our dealership was outstanding, giving us a 2024 EV loaner for 4 months it was not an issue.

I did communicate with another owner on Bimmerpost who said he got $1500 "Goodwill" compensation, so you never know, when we asked our agent he was a basically a bot, regurgitating policy so we did not get any compensation.

Even though the cash and keep was technically a "pain and suffering" in your words compensation, it was still low ball. Because when they paid us for the Buyback, the sales tax and fees for our deal alone was over $8K, so BMW wound up paying 2x the amount the offered us.

Like I said before not a good experience with the agent at BMWNA we talked to, who knows if get some else on the line it might turn out different. Good luck.

[BourbonJ]

Originally Posted by eluded

Are you seeking assistance from lawyers experienced in California’s Lemon Law? The Song-Beverly Consumer Warranty Act clearly states that if a vehicle spends 30 days in the shop for repairs within the first 18 months or 18,000 miles, it is considered a lemon. In such cases, the manufacturer is obligated to buy back the car at the full purchase price.

Yes we know that after doing quite a lot of research and talking to several LL Law firms. It took about 2-1/2 months for the Buyback with us dealing directly with BMWNA.

What we learned from LL attorneys is because the courts are so backed up with cases here in SoCal the Buyback process going thru an attorney might take 5-9 months!

That was the main reason we decided to directly deal with BMWNA ourself. The Service Manager at dealerships is also a great resource and can help navigate an owner thru the process as well.

I'm glad we're done with our Buyback and we got our check yesterday 1/24, like I said before we like the PHEV but my wife has chosen to go with the 40i M Sport fully loaded.

She does not want to worry if the 50e might break down again in the future and leave her stranded or if after the warranty it breaks down and we have to deal with a very expensive repair cost.

[Kanwal]

Today I got the dredded "High Voltage System" error and car would not start. Had it towed to BMW OF AUSTIN to look at. BMW NA tech support pulled a bunch of data on-line but could not see the root cause. This series has many major defects a car with less that 4oo miles has spent more time at the dealer than being driven. Very disappointing experience with this BMW

[eluded]

Stand corrected. The Tanner Consumer Protection Act is a provision of the Song-Beverly Act.

Originally Posted by TurtleBoy

Are you sure about that? I think it is the Tanner Consumer Protection Act.

[BourbonJ]

Here’s an interesting point for anyone that bought a 2024 BMW X5 50e last year in 2023 and is going thru BMW buying back the 50e.
We bought our 50e in September 2023 and BMW finalized the Buyback payment with us in January 2024.

According to the Federal Tax Credits for Plug-in Electric and Fuel Cell Electric Vehicles Purchased in 2023 or After
Who Qualifies
The credit is available to individuals and their businesses.
To qualify, you must:
Buy it for your own use, not for resale
Use it primarily in the U.S.

In addition, your modified adjusted gross income (AGI) may not exceed:
$300,000 for married couples filing jointly
$225,000 for heads of households
$150,000 for all other filers

I brought this to the attention of my Tax preparer, who coincidently was going to a large Tax preparer’s conference.
He presenting this to the conference and they all agreed to the the Federal Tax Credit description and that a Lemon Law Manufacturer Buyback is not consider an owner trying to re-sell the vehicle.

Therefore an owner who bought the 2024 BMW X5 50e in good faith for personal use, not for resale intent, can claim the $3,750 Federal Tax Credit for PHEV, despite BMW buying the 50e back.

The new vehicle tax credit is assigned to a vehicle VIN and can only be used once. If BMW re-sells the buyback 50e in 2024, the new owner wouldn’t be able to claim the tax credit anyways since its been removed for this year.

[RNorb]

Originally Posted by BourbonJ

Here’s an interesting point for anyone that bought a 2024 BMW X5 50e last year in 2023 and is going thru BMW buying back the 50e.
We bought our 50e in September 2023 and BMW finalized the Buyback payment with us in January 2024.

According to the Federal Tax Credits for Plug-in Electric and Fuel Cell Electric Vehicles Purchased in 2023 or After
Who Qualifies
The credit is available to individuals and their businesses.
To qualify, you must:
Buy it for your own use, not for resale
Use it primarily in the U.S.

In addition, your modified adjusted gross income (AGI) may not exceed:
$300,000 for married couples filing jointly
$225,000 for heads of households
$150,000 for all other filers

I brought this to the attention of my Tax preparer, who coincidently was going to a large Tax preparer’s conference.
He presenting this to the conference and they all agreed to the the Federal Tax Credit description and that a Lemon Law Manufacturer Buyback is not consider an owner trying to re-sell the vehicle.

Therefore an owner who bought the 2024 BMW X5 50e in good faith for personal use, not for resale intent, can claim the $3,750 Federal Tax Credit for PHEV, despite BMW buying the 50e back.

The new vehicle tax credit is assigned to a vehicle VIN and can only be used once. If BMW re-sells the buyback 50e in 2024, the new owner wouldn’t be able to claim the tax credit anyways since its been removed for this year.

Assuming your MSRP was under $80,000

[TurtleBoy]

Originally Posted by RNorb

Assuming your MSRP was under $80,000

I think what he was trying to say is if someone takes the credit and then has their vehicle bought back they can keep the credit. That was never in doubt as there is no minimum amount of time you need to hold onto it if the intent was not purchasing it for resale.