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      06-23-2022, 11:12 PM   #1
WorthIt
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Is my car a Lemon?

I got my X5 45e on March 2022.

After 2 month, when I got 1600 miles on it, its check engine light went on. I went to the shop. It turns out to be a leak detection sensor is faulty. Replaced the sensor. After 2 days, engine light went on again. Goes to the shop. And it turned to be a faulty valve. Replaced the valve.
After another 2 weeks, I found that the driver side headrest can move back and forth freely. While the co-driver side headrest cannot. You will need to press and hold a button on the side to move it back and forth. Went to the shop yesterday. The guy told me it never happened before and will replace the headrest.

Is my car considered to be a lemon? What I can do to get some compensation back? Can I ask for extended warranty for free? Cash compensation? Service compensation?

Last edited by WorthIt; 06-23-2022 at 11:18 PM..
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      06-23-2022, 11:18 PM   #2
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Quote:
Originally Posted by WorthIt View Post
I got my X5 45e on March 2022.

After 2 month, when I got 1600 miles on it, its check engine light went on. I went to the shop. It turns out to be a leak detection sensor is faulty. Replaced the sensor. After 2 days, engine light went on again. Goes to the shop. And it turned to be a faulty valve. Replaced the valve.
After another 2 weeks, I found that the driver side headrest can move back and forth freely. While the co-driver side headrest cannot. You will need to press and hold a button on the side to move it back and forth. Went to the shop yesterday. The guy told me it never happened before and will replace the headrest.

Is my car considered to be a lemon? What I can do to get some compensation back?
No, in my opinion. Sucks you have had a few issues but not a lemon.
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      06-23-2022, 11:20 PM   #3
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Every state has its own definition of a lemon law...it generally requires a certain number of days out of service for repair, or multiple tries to repair the same item.

To find out what your state defines as a lemon, you need to go to your state's website and do some research. From what you indicated, my guess is no, but I've not read your state's definition.
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      06-24-2022, 06:45 AM   #4
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WorthIt, from reading your post, no, your car is not a lemon...at least not yet according to your states lemon laws. Looks like you are unfortuneatly experiencing the bathtub curve in terms of issues. Usually lemon laws are based around the inability to fix the same issue or the amount of time your car is in the shop. What you've described are several issues that have been fixed. However, keep good records including the symptom, date, attempted repair date, dealership and outcome because these things add up over time and you might be back in for repair of the same issue several times during your warranty period. Here is a brief from your states lemon law.. ..

"WHAT IS A “REASONABLE” NUMBER OF REPAIR ATTEMPTS?

A: There is no set number. However, California’s Lemon Law Presumption contains these guidelines for determining when a “reasonable” number of repair attempts have been made:

The manufacturer or dealer hasn’t fixed the same problem after four or more attempts.

Your vehicle’s problems could cause death or serious bodily injury if it is driven, and the manufacturer or dealer has made at least two unsuccessful repair attempts.

The vehicle has been in the shop for more than 30 days (not necessarily in a row)
for repair of any problems covered by its warranty. This is called the Lemon Law Presumption. "

Here is the site that came from: https://www.dca.ca.gov/acp/pdf_files/lemonlaw_qa.pdf

and here is your lemon law site with all the details: https://www.dca.ca.gov/acp/
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      06-24-2022, 08:39 AM   #5
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Check engine light issue-I had issue for 3-4 months while traveling, and it was a hassle stopping at multiple BMW service centers, who all could not find the issue, but finally when I got my local service center to find the issue, it was a gasket in the area where the gas nozzle is placed that was pinched. They "unpinched" it and ordered a new gasket-that was 8 months ago and no gasket yet, but no more check engine light!

Maybe not your issue, but if it happens again, ask them to look at this area-some type of vacuum seal gasket close to the fuel entrance was not sealing.
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      06-24-2022, 08:41 AM   #6
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Quote:
Originally Posted by WorthIt View Post
I got my X5 45e on March 2022.

After 2 month, when I got 1600 miles on it, its check engine light went on. I went to the shop. It turns out to be a leak detection sensor is faulty. Replaced the sensor. After 2 days, engine light went on again. Goes to the shop. And it turned to be a faulty valve. Replaced the valve.
After another 2 weeks, I found that the driver side headrest can move back and forth freely. While the co-driver side headrest cannot. You will need to press and hold a button on the side to move it back and forth. Went to the shop yesterday. The guy told me it never happened before and will replace the headrest.

Is my car considered to be a lemon? What I can do to get some compensation back? Can I ask for extended warranty for free? Cash compensation? Service compensation?
Your state's lemon law will define the term precisely. Go to the code and check your experience against the definition.

EDIT: Marty has you covered.
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      06-24-2022, 01:36 PM   #7
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Quote:
Originally Posted by Marty in NY View Post
WorthIt, from reading your post, no, your car is not a lemon...at least not yet according to your states lemon laws. Looks like you are unfortuneatly experiencing the bathtub curve in terms of issues. Usually lemon laws are based around the inability to fix the same issue or the amount of time your car is in the shop. What you've described are several issues that have been fixed. However, keep good records including the symptom, date, attempted repair date, dealership and outcome because these things add up over time and you might be back in for repair of the same issue several times during your warranty period. Here is a brief from your states lemon law.. ..

"WHAT IS A “REASONABLE” NUMBER OF REPAIR ATTEMPTS?

A: There is no set number. However, California’s Lemon Law Presumption contains these guidelines for determining when a “reasonable” number of repair attempts have been made:

The manufacturer or dealer hasn’t fixed the same problem after four or more attempts.

Your vehicle’s problems could cause death or serious bodily injury if it is driven, and the manufacturer or dealer has made at least two unsuccessful repair attempts.

The vehicle has been in the shop for more than 30 days (not necessarily in a row)
for repair of any problems covered by its warranty. This is called the Lemon Law Presumption. "

Here is the site that came from: https://www.dca.ca.gov/acp/pdf_files/lemonlaw_qa.pdf

and here is your lemon law site with all the details: https://www.dca.ca.gov/acp/
Quote:
Originally Posted by Marty in NY View Post
WorthIt, from reading your post, no, your car is not a lemon...at least not yet according to your states lemon laws. Looks like you are unfortuneatly experiencing the bathtub curve in terms of issues. Usually lemon laws are based around the inability to fix the same issue or the amount of time your car is in the shop. What you've described are several issues that have been fixed. However, keep good records including the symptom, date, attempted repair date, dealership and outcome because these things add up over time and you might be back in for repair of the same issue several times during your warranty period. Here is a brief from your states lemon law.. ..

"WHAT IS A "REASONABLE" NUMBER OF REPAIR ATTEMPTS?

A: There is no set number. However, California's Lemon Law Presumption contains these guidelines for determining when a "reasonable" number of repair attempts have been made:

The manufacturer or dealer hasn't fixed the same problem after four or more attempts.

Your vehicle's problems could cause death or serious bodily injury if it is driven, and the manufacturer or dealer has made at least two unsuccessful repair attempts.

The vehicle has been in the shop for more than 30 days (not necessarily in a row)
for repair of any problems covered by its warranty. This is called the Lemon Law Presumption. "

Here is the site that came from: https://www.dca.ca.gov/acp/pdf_files/lemonlaw_qa.pdf

and here is your lemon law site with all the details: https://www.dca.ca.gov/acp/
Wow this is great info! Just curious, if the check engine light goes on four times because of different faulty parts, does it count towards four attempts?
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      06-24-2022, 02:20 PM   #8
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Quote:
Originally Posted by WorthIt View Post
Wow this is great info! Just curious, if the check engine light goes on four times because of different faulty parts, does it count towards four attempts?
It would be tough to argue that. The general standard is four attempts for a problem. Four different fault parts would be four different problems if each was fixed when it occurred. At this point you would likely be running up to the 30 day requirement.
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      06-24-2022, 03:57 PM   #9
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Quote:
Originally Posted by WorthIt View Post
Wow this is great info! Just curious, if the check engine light goes on four times because of different faulty parts, does it count towards four attempts?
Four attempts to fix the same problem...the light coming on four times, unless the dealer tried to fix it each time probably would not qualify. If the dealer did try and fail to fix it four times, probably would.
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      06-24-2022, 06:44 PM   #10
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Not quite a lemon yet. I'd check your state laws as to what constitutes a lemon and make sure you keep your vehicle records. I have had 6 visits total. 3x for 2 problems. It's been a major PITA and have a letter drafted. 7800 miles. Not sure what's going on with the QA but something I feel has been amiss.
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      06-25-2022, 01:26 AM   #11
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Quote:
Originally Posted by jad03060 View Post
Quote:
Originally Posted by WorthIt View Post
Wow this is great info! Just curious, if the check engine light goes on four times because of different faulty parts, does it count towards four attempts?
Four attempts to fix the same problem...the light coming on four times, unless the dealer tried to fix it each time probably would not qualify. If the dealer did try and fail to fix it four times, probably would.
It would be hard to qualify though. Are they going to be honest about what problems they have fixed? For example for engine light, they can easily say that it is one part broken the first time, and another part broken next time.
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      09-08-2023, 10:58 AM   #12
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2020 x5 excessive repairs

I purchased a 2020 x5 12/22/22 with a little over 16,000 miles. Was still under manufacturers warranty so I thought it was a great purchase. It's now been in the shop for 3 different issues (had to be towed one time) for a total of 23 days out of the 261 that I've owned it. Lemon law in TN states that it's 30 days for a vehicle, even used provided it's under warranty. If you count the 7 days before me, it's at that limit. Has anyone had success with them buying theirs back? Honestly, I'd be happy to get my loan paid off and I'd probably buy another. I'm just really concerned about the reliability of this particular vehicle. Thoughts? Who best and how to contact?
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      09-08-2023, 11:15 AM   #13
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Quote:
Originally Posted by bsslayton3 View Post
I purchased a 2020 x5 12/22/22 with a little over 16,000 miles. Was still under manufacturers warranty so I thought it was a great purchase. It's now been in the shop for 3 different issues (had to be towed one time) for a total of 23 days out of the 261 that I've owned it. Lemon law in TN states that it's 30 days for a vehicle, even used provided it's under warranty. If you count the 7 days before me, it's at that limit. Has anyone had success with them buying theirs back? Honestly, I'd be happy to get my loan paid off and I'd probably buy another. I'm just really concerned about the reliability of this particular vehicle. Thoughts? Who best and how to contact?
Believe lemon laws only work for new vehicles.
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      09-08-2023, 11:47 AM   #14
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Quote:
Originally Posted by E91toG05 View Post
Believe lemon laws only work for new vehicles.
And generally it has to be for the same issue, not three different issues.
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      09-08-2023, 12:42 PM   #15
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Don't take advice on this from a bunch of forum jabronis. NY law is not CA law is not CO law, etc. Research your jurisdiction (most big states have consumer protection pages on this) and call a local attorney if you're still unclear.
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      09-08-2023, 01:45 PM   #16
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Quote:
Originally Posted by bsslayton3 View Post
I purchased a 2020 x5 12/22/22 with a little over 16,000 miles. Was still under manufacturers warranty so I thought it was a great purchase. It's now been in the shop for 3 different issues (had to be towed one time) for a total of 23 days out of the 261 that I've owned it. Lemon law in TN states that it's 30 days for a vehicle, even used provided it's under warranty. If you count the 7 days before me, it's at that limit. Has anyone had success with them buying theirs back? Honestly, I'd be happy to get my loan paid off and I'd probably buy another. I'm just really concerned about the reliability of this particular vehicle. Thoughts? Who best and how to contact?
Without knowing any of the details of the issues I would say that it is very unlikely that they will do a buyback on it solely through their process. According to my reading of the TN Lemon Law you may soon be eligible to proceed with an action against BMW. The first step in the process would be sending them a letter giving them notice of the issue and your expectations of it being fixed.

As mentioned above, it would be wise to contact a Lemon Law attorney in your state. If you have a reasonable chance of prevailing you should not have a problem finding an attorney to take the case.
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