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2010 2011 BMW 5 Series Forum F10 BMW 5-Series (F10) Forums General 5-Series Sedan and Wagon (F10 / F11) Forum Lemon Law: Replacement vs. Repurchase
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      02-10-2012, 03:07 AM   #1
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Lemon Law: Replacement vs. Repurchase

BMW has offered to repurchase my car due to all the issues encountered and thereby making it a lemon. I intend to respond by asking for a replacement vehicle instead. I understand the lemon law is designed to protect the consumer, but I wonder who reserves the right to whether or not to accept a replacement or repurchase.

I'd like to hear the feedback of those who have encountered a situation like that before and how it was handled.
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      02-10-2012, 10:44 AM   #2
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Quote:
Originally Posted by ccboye View Post
BMW has offered to repurchase my car due to all the issues encountered and thereby making it a lemon. I intend to respond by asking for a replacement vehicle instead. I understand the lemon law is designed to protect the consumer, but I wonder who reserves the right to whether or not to accept a replacement or repurchase.

I'd like to hear the feedback of those who have encountered a situation like that before and how it was handled.
what is a RE-PURCHASE?
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      02-10-2012, 11:16 AM   #3
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Quote:
Originally Posted by yxc145 View Post
what is a RE-PURCHASE?
I am confused too. Does BMW just buy back the car? Is it at market rate or the original price paid?

I dont see why they wouldn't put you in an identical if you wanted one.
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      02-10-2012, 11:32 AM   #4
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I'm not sure if you guys are more familiar with the term 'buyback', but it means the same thing as 'repurchase'.
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      02-10-2012, 12:49 PM   #5
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Originally Posted by ccboye View Post
I'm not sure if you guys are more familiar with the term 'buyback', but it means the same thing as 'repurchase'.
Buy back the car? that means you will lose money and only get whatever the value of the car at that time right?

Definitely replacement.

A friend of mine is going to get a Brand New M package 550Xi for his 1.5 yr old Sport package 550i Lemon. I wish I had a lemon right now.
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      02-10-2012, 02:18 PM   #6
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Quote:
Originally Posted by ccboye View Post
BMW has offered to repurchase my car due to all the issues encountered and thereby making it a lemon. I intend to respond by asking for a replacement vehicle instead. I understand the lemon law is designed to protect the consumer, but I wonder who reserves the right to whether or not to accept a replacement or repurchase.

I'd like to hear the feedback of those who have encountered a situation like that before and how it was handled.
If you are experiencing issues with your car, be sure to contact BMW Customer Care and work with your dealership! I just went through the same dilemma with BMW and my problematic 2011 550 Sport w/XDrive. Instead of going through State of New Jersey's Lemon Law, my dealership and BMW Customer Care purchased my vehicle back and provided me a Buyer's Order for a 2012 vehicle. BMW also reimbursed me every payment I made on the vehicle and applied it to the purchase price of my new car.

When you Lemon Law a car, it's given a salvage title which dramatically lowers the re-sale price. BMW's buy back allows the company an opportunity to fully repair the car and make it available for sale as a CPO vehicle.

I was quite pleased that the dealership and BMW Corporate addressed the issue with my car. After this experience I will continue to support the brand and will buy another BMW!!
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      02-10-2012, 03:52 PM   #7
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I got rid of mines but would not get another one even if BMW offers to give one for me after this painful car. I am better off with the Audi A6, A7, Porsche panamera, Jaguar Xf, or the new 2012 Lexus GS350 that I have test drove. They all felt more refined and better than my 5.
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      02-10-2012, 04:42 PM   #8
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Quote:
Originally Posted by TheGr8Swami View Post
If you are experiencing issues with your car, be sure to contact BMW Customer Care and work with your dealership! I just went through the same dilemma with BMW and my problematic 2011 550 Sport w/XDrive. Instead of going through State of New Jersey's Lemon Law, my dealership and BMW Customer Care purchased my vehicle back and provided me a Buyer's Order for a 2012 vehicle. BMW also reimbursed me every payment I made on the vehicle and applied it to the purchase price of my new car.

When you Lemon Law a car, it's given a salvage title which dramatically lowers the re-sale price. BMW's buy back allows the company an opportunity to fully repair the car and make it available for sale as a CPO vehicle.

I was quite pleased that the dealership and BMW Corporate addressed the issue with my car. After this experience I will continue to support the brand and will buy another BMW!!
may i ask what kind of problems you had with your 550xdrive? thanks
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      02-10-2012, 09:33 PM   #9
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Quote:
Originally Posted by ccboye View Post
... wonder who reserves the right to whether or not to accept a replacement or repurchase.
That's a great question.

Repurchase is easy. Done on the phone with BMWNA rep. You get a check and it's all over. Advantage? Quick, & you can shop other brands or renegotiate with BMW dealer. You have some leverage here (loss of time, hassle, etc., etc.) - use it if you can.

Replacement- from what I've been able to gather, in California law, BOTH you and BMW have to agree to a replacement. You, by yourself, don't get to decide that one. Who in the BMW gives the green light to a replacement? My guess is whoever in the BMW chain of command, starting with the dealer, you can convince to go along with you.
If you tend to pay sticker for your cars, the dealer is probably going to go along with a replacement and maybe throw in a freebie option. If you did a Euro Delivery, or got some other kind of good deal on your lemon, plan on working hard to get the same good deal on a replacement.

BMW will work with you. Get the Service manager on your side. You don't need a lawyer to get payback. You need a little patience.

I took the repurchase and, after looking around, bought another BMW.
Got my fingers crossed.
Good luck
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      02-11-2012, 02:14 AM   #10
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CCBOYE,

buyback/repurchase: Under California law, BMW would refund all monies paid on car (not including aftermarket items) less a % for mileage as follows: # of miles when first taken to dealer for the reason BMW is repurchasing divided by 120,000, and then take that number times the purchase price. Usually comes out to a small deduction for mileage. Then as others have said, you can choose to buy another BMW or any car.

replacement: BMW replaces car with one that is similar. You can usually get them to order a new car thru your dealer to your exact specs, and drive your current car until the new one comes in. The new car simply replaces the car you had and the number of months left on lease or loan (if applicable) still applies.

typically, BMW customer service is flexible. Since they already offered to repurchase the car, which typically is the harder option to get, there is no reason I can think of why they wouldn't agree to a replacement that guarantees you stay in the BMW family.
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      02-11-2012, 04:37 AM   #11
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I did a buyback direct with the dealer on my 1st F10 550i, the numbers were very fair and equitable allowing for a minimal depreciation that was acceptable. With that, I purchased a new 550i with more options (regretted not getting on my 1st one so was nice).

My experience with the entire "buyback/repurchase" with my dealer was 100% positive.
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      02-11-2012, 04:44 AM   #12
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You all make good points. Based on the original deal I secured on the car, I don't think a repurchase scenario will work in my best interest. I have responded to BMW requesting for a replacement for a similar car. I'm hoping that they will choose to work with me so that we may avoid further ligation.
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      02-11-2012, 07:37 AM   #13
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That's basically what I did and the dealer made the choice to replace locally. I have no clue or (nor did it matter to me) what took place behind the scenes.

I am sure if your are reasonable and portray an image of compromise then your dealer and BMW will come to an agreeable solution with you.
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      02-11-2012, 01:38 PM   #14
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What were the problems with your car? I'm just curious as to how bad it was for it to be lemoned
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      02-12-2012, 03:52 PM   #15
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Originally Posted by joey5622 View Post
What were the problems with your car? I'm just curious as to how bad it was for it to be lemoned
Check out history thread...http://f10.5post.com/forums/showthre...in+malfunction
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      02-13-2012, 10:28 AM   #16
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Quote:
Originally Posted by JermieX6 View Post
may i ask what kind of problems you had with your 550xdrive? thanks
I had a problem with my front seat's wiring harnesses (driver and passenger's side) which caused an airbag fault. Two dealerships attempted to repair the issue and after my 2nd harness installation, BMW decided to buyback the car. Each harness needed about a 3 week lead time, which kept my car in the shop a total of 2 months.

Those who are quick to bash BMW and jump on another auto manufacturer should be warned! i.e. Audi

I experienced the rotor-warping issue on my B7 Audi RS4. The dealership wasn't cooperative and and it took many calls to corporate to get results! Thank goodness my independent tuner who has a race RS4 noticed the issue as well and ended up upgrading my brakes so the issue could be addressed. Later it was found that the pad compound was the culprit!!! After multiple customers reported the issue, I sent a scathing letter to Audi's Corporate Office and to Maryland's MVA. Less than 3 weeks later, I received a $2200 check from Audi to cover my costs of visiting a certain dealership for replacement pads and rotors.

Good luck, and I hope BMW does right by you!!
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      02-14-2012, 04:55 PM   #17
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I got a response from BMW regarding my request for a replacement vehicle. They claim that it's not possible for them to do that. All they are willing to do is to buyback the car or give me some 'goodwill money' to keep the car. I'm thinking they are willing to do because the car was purchased preowned. It's still not in my best interest so I guess they are pusjing me to pursue plan B...an attorney!
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      02-14-2012, 06:31 PM   #18
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Quote:
Originally Posted by ccboye View Post
I got a response from BMW regarding my request for a replacement vehicle. They claim that it's not possible for them to do that. All they are willing to do is to buyback the car or give me some 'goodwill money' to keep the car. I'm thinking they are willing to do because the car was purchased preowned. It's still not in my best interest so I guess they are pusjing me to pursue plan B...an attorney!
did they tell you how much they were offering?
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      02-14-2012, 08:46 PM   #19
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Quote:
Originally Posted by ccboye View Post
I got a response from BMW regarding my request for a replacement vehicle. They claim that it's not possible for them to do that. All they are willing to do is to buyback the car or give me some 'goodwill money' to keep the car. I'm thinking they are willing to do because the car was purchased preowned. It's still not in my best interest so I guess they are pusjing me to pursue plan B...an attorney!
I had a similar conversation with BMW NA (see the other thread you reference for the full details), but I don't really want them to take the car back... I'd much prefer them to fix the problem so we can begin enjoying the car. The dealer is providing us with a pretty loaded X5 to drive while we're out of pocket on the 550i X-Drive, so it is kinda hard to quantify a fair "goodwill" number in my situation. They also mentioned that they would ask me to sign an agreement in return for this remuneration... wondering what I'd be signing away by going this route. I should get the agreement in the next couple of days and will give it the once over. If anyone is interested, I'd be willing to share the document when they send it to me...
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      02-15-2012, 05:15 PM   #20
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Quote:
Originally Posted by gpitts View Post
I had a similar conversation with BMW NA (see the other thread you reference for the full details), but I don't really want them to take the car back... I'd much prefer them to fix the problem so we can begin enjoying the car. The dealer is providing us with a pretty loaded X5 to drive while we're out of pocket on the 550i X-Drive, so it is kinda hard to quantify a fair "goodwill" number in my situation. They also mentioned that they would ask me to sign an agreement in return for this remuneration... wondering what I'd be signing away by going this route. I should get the agreement in the next couple of days and will give it the once over. If anyone is interested, I'd be willing to share the document when they send it to me...
I don't have any details on mine yet, but would be interested to preview what they send you.
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      02-18-2012, 01:05 AM   #21
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Quote:
Originally Posted by delvek
I did a buyback direct with the dealer on my 1st F10 550i, the numbers were very fair and equitable allowing for a minimal depreciation that was acceptable. With that, I purchased a new 550i with more options (regretted not getting on my 1st one so was nice).

My experience with the entire "buyback/repurchase" with my dealer was 100% positive.
I also had a completely positive buy back experience recently. My 2011 328i convertible developed severe rattling in the top due to being improperly aligned at the factory. Paint damage from rubbing started to show after opening and closing the top from normal use after delivery. After numerous failed attempts to repair it by the dealer, I contacted BMW Relations and they had a rep check out the car immediately. The next day I was offered a repurchase agreement for everything I paid for the car less $800 for mileage. I drove the car for a year and a half and BMW even reimbursed the $411 I had just paid CA for renewing the registration. I ordered a 2012 535i and just received it. When I told my BMW Relations rep that I ordered another BMW as replacement, he let me keep the convertible for an extra two months at no charge until my new car arrived. The customer service I received was exceptional and BMW redeemed themselves by handling this situation to my satisfaction. This is how a good company deals with customers when legitimate problems occur.
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      02-19-2012, 10:36 AM   #22
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Originally Posted by jmfan View Post
I also had a completely positive buy back experience recently. My 2011 328i convertible developed severe rattling in the top due to being improperly aligned at the factory. Paint damage from rubbing started to show after opening and closing the top from normal use after delivery. After numerous failed attempts to repair it by the dealer, I contacted BMW Relations and they had a rep check out the car immediately. The next day I was offered a repurchase agreement for everything I paid for the car less $800 for mileage. I drove the car for a year and a half and BMW even reimbursed the $411 I had just paid CA for renewing the registration. I ordered a 2012 535i and just received it. When I told my BMW Relations rep that I ordered another BMW as replacement, he let me keep the convertible for an extra two months at no charge until my new car arrived. The customer service I received was exceptional and BMW redeemed themselves by handling this situation to my satisfaction. This is how a good company deals with customers when legitimate problems occur.
Had a similar experience. Came to the same conclusion.
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