BMW lemon law lawyer

Is Your BMW a Lemon?

A “lemon” is a car, truck, utility vehicle, SUV, motorcycle, RV, or other vehicle type that is defective. If your BMW makes odd noises under the hood, experiences electrical and mechanical problems, or breaks down repeatedly, you may have a lemon. The lemon law in California states that your BMW must have “nonconformities,” which are defined as any defect or malfunction that is covered by BMW’s original factory warranty. To qualify for a lemon law claim, the nonconformities must restrict your BMW’s use or safety. If you’re unsure about the specifics, it might be helpful to gain a deeper understanding of lemon law to determine if your vehicle is indeed a lemon.

There are many defects that could affect your BMW’s safety, but there is no requirement under the law that the defect actually endangers you. So, if the BMW has a defect with its automatic seats, the mere fact that they work unpredictably could be enough to be the basis of a lemon law claim.

Common defects that affect safety include:

• Engine issues
• Steering issues
• Poor acceleration
• Braking problems (not just squeaking)
• Fuel gauges and speedometer don’t work
• Electrical issues
• Battery dies regularly or drains irregularly
• Mechanical issues
• Door locks don’t work
• Transmission issues.

If you are experiencing any of these problems, you may have a BMW lemon law claim. Talk to our BMW lemon law attorneys for an informed legal opinion about whether your vehicle qualifies. Call Neale & Fhima at 855-394-8050.

What California Statutes Apply to Defective BMWs?

California has a very consumer-friendly lemon law compared to other states in the U.S., and the statutes ensure that car buyers are protected. Under the Song-Beverly Consumer Warranty Act, if you purchase a defective BMW that meets the legal definition of a lemon, you are entitled to a refund, or the vehicle can be replaced at BMW’s expense.

Has BMW Lost Lemon Law Cases in California?

Yes, it has. For example, BMW lost a recent lemon law case in Los Angeles in which the buyer of a 2014 BMW 428i filed a complaint saying that the vehicle experienced shaking, service lights coming on, and fuel gauge problems after purchase. The owner asserted that he requested BMW to buy back the car, as California’s lemon law requires, but the luxury automaker initially declined until the vehicle stopped in the middle of a busy highway. A jury ruled in favor of the buyer for the amount of $170,000. This was a victory for the California lemon law and proved that luxury vehicles are held to the same standards under the law. Click here for more information about this lawsuit.

How Does BMW Lemon Law Buyback Work?

The process starts by filing a legal claim against the manufacturer. Our attorneys, who have a strong track record, can do this for you. We are aggressive and know how to win. We are not intimidated by the manufacturers’ attorneys, and we are determined to secure the best possible outcome on behalf of each client. To prevail in a BMW lemon law claim, you will have to:

• show that the defect compromises the use, value, or safety of your vehicle
• make “reasonable attempts” to have a dealership or mechanic repair the defect.

That’s why it’s important that you have proof that you attempted to have the vehicle fixed — keep all receipts, work orders, and used parts from each one of your repair appointments.

If it turns out that you have a lemon, you have choices:

Option A: Repurchase

BMW will take possession of the vehicle and issue you a refund of the purchase price (reduced by the value of your use of the vehicle prior to the first repair attempt). If you financed the vehicle, BMW will refund the payments and down payment and pay off the loan. You will also receive a refund of registration fees, taxes, etc.

Option B: Replacement

BMW will take possession of the vehicle and provide you with a new one. It must be an identical or substantially similar BMW. The manufacturer will pay the registration and taxes on the new vehicle, but you will not receive a refund of fees or finance charges paid on the original vehicle. This option requires the consent of both parties.

In some circumstances, we may be able to negotiate an additional option called a “cash and keep.” This would allow you to retain possession of your BMW and receive a cash payment to compensate for the defect.

Why Do I Need a BMW Lemon Law Attorney?

As you can imagine, a luxury automaker like BMW wants to protect its reputation by defeating any lemon law claims. BMW’s attorneys will fight hard to rebuff your case. That’s why you need an experienced BMW lemon law attorney to champion your cause and take on the luxury car manufacturer. At Neale & Fhima, we know that BMW has lost lemon law cases, so the manufacturer is vulnerable despite its reputation for quality and luxury. To learn more about our outstanding legal team, you can read their attorney bios here. You can also read testimonials from our happy and satisfied clients.

Is There a Deadline to File My BMW Lemon Law Claim?

The statute of limitations under California’s lemon law is four years. But don’t wait. Take action as soon as you start having problems with your BMW. The sooner, the better. If you think your BMW may be a lemon, call an attorney at Neale & Fhima promptly to start legal action. Don’t be frustrated with a BMW that is always breaking down.

Common Lemon Law Mistakes and Traps to Avoid

It’s important to note the common mistakes BMW lemon law claimants make and avoid them. They include the following:

• Signing your rights away or speaking with the manufacturers without seeking legal advice from our BMW lemon law lawyers
• Succumbing to pressure from the manufacturer to opt for arbitration
• Being too vague or too specific about the problem with your vehicle
• Taking your BMW to an uncertified mechanic
• Making too many attempts to repair your automobile
• Neglecting to keep documents that are relevant to your case.

Since BMW lemon law cases can be complex, it’s pretty easy to make little mistakes that carry huge consequences for your claim. Sometimes, these mistakes are rip-offs intentionally set by the automaker to reduce your chances of a fair settlement.

The surest way to limit your risk of detrimental errors is by engaging the services of our competent lemon law attorneys.

Am I Required to Agree to A Lemon Law Arbitration in California?

No, California’s lemon law doesn’t require you to pass through arbitration when pursuing your claim. In fact, we strongly advise our clients against succumbing to pressure from the manufacturer to opt for one. That’s because the arbitration process is more favorable to the manufacturers than the claimants.

First, arbitration strips you of some protections and privileges that are obtainable in a lawsuit. For example, the process doesn’t permit discovery of documents to the extent that lawsuits do. This means that you may have less access to information that can help your case because they’re in the custody of the manufacturers.

Again, the arbitrators are, most times, not the independent or neutral parties they are portrayed to be. Since they’re typically sponsored by the manufacturers, they tend to be biased against the claimant. 

On the other hand, the manufacturers have less chance of winning when you file a lawsuit. That’s especially true with our expert BMW lemon law attorneys representing your interests. A lawsuit is also cheaper for you because the other side will be required to pay your legal fees plus other costs for filing a lemon claim in California.

Have There Been Any BMW Lemon Vehicle Recalls?

Yes, BMW has had to issue recalls on various models of its vehicles due to manufacturing defects discovered in them. An instance is when the automaker recalled 1.6 million cars globally due to fire accidents from fluid leaks in 2018.

It’s worthy of note that some reacquired defective vehicles can be resold to a member of the public. However, you don’t need to worry about purchasing a lemon law buyback vehicle unknowingly, as the process is strictly regulated by the California government.

Note also that the mere fact that your car was recalled doesn’t make it a lemon. Feel free to speak with our skilled BMW lemon law lawyers at 855-394-0447 to verify your eligibility for a claim.

FAQs

Clients typically approach us with numerous burning questions and concerns on their minds. As dedicated BMW lemon law lawyers, we are always happy to answer them comprehensively, as you’ll find below:

What Documents Do I Need to Provide When Pursuing a BMW Lemon Law Claim for My Vehicle in California?

Documents required for a BMW lemon law include repair orders and invoices, official vehicle sales documents, and warranty information. Although the process of compiling paperwork for your BMW lemon law case can be overwhelming, our compassionate legal team at Neale & Fhima is always ready to help.

What Happens to My BMW Lemon Law Case If the Warranty Has Expired?

Depending on your case’s specifics, you can still pursue a BMW lemon law claim in California after the warranty has expired. Our legal team will let you know if you still have a valid claim after an extensive case review.

How Long Should I Expect the Lemon Law Buyback Process for My BMW Vehicle to Be Completed?

Since every client’s case is unique, there’s no definite timeline for a California lemon law claim process. However, our attorneys focus on getting the best outcomes within the shortest periods.

What Are My Chances of Winning a Lemon Law Case in California?

The probability of winning a California lemon law case depends on numerous factors. They include the weight of supporting evidence, whether you opt for arbitration, and your choice of attorney.

Are there more areas of California’s BMW lemon law you need clarification on? If yes, feel free to contact our qualified legal team at 949-661-1007 ASAP! We’ll assign a California lemon law attorney to attend to all your questions, concerns, and needs.

Call The Experienced BMW Lemon Law Attorneys at Neale & Fhima Today

Having to deal with a defective BMW vehicle can be frustrating. However, your situation could have been a lot worse if there were no avenues for refunds or replacements. Fortunately, California’s lemon laws provide reasonable remedies for your case. Even more impressive is the stress-free buyback process you get to enjoy when you partner with our qualified BMW lemon law lawyers.

If you are having difficulty with repairs at the dealership, contact our nearest office for a consultation. We have locations in San Francisco, Los Angeles, Dana Point, and San Diego. Alternatively, you can call 949-661-1007 to speak with us from anywhere in the state.

Either way, the consultation is free, and we look forward to serving you.

Attorney Aaron Fhima

Attorney Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights.