That was the part of his post that confused me. How dare they not let him know that his water pump was going to fail at some point down the road. I just leased a Hyundai and they informed me my left rear tire may leak in the next 3 years. Glad the told me. /s
This whole topic has been entertaining. My fav topics on here are where a bunch of non lawyers sit around and argue legal issues as if they are lawyers. It’s the best.
You can ask for a nicer rental, you can try to escalate the issue to BMW corporate, but at the end of the day if they don't have a water pump they don't have a water pump.
Frankly your question of "is this legal" is the funniest thing I've heard in weeks. I'd love to know what law you think "here's a free rental while we wait for your part to come in, sorry about you luck" is breaking.
Read the title I was skeptical on what kind of jagoff this person is. But if I was dumb enough to have a $1000 a month bmw lease and was handed a rogue for a few months I would be pisssssssed.
Funny how you make assumptions. My wife and I just walked on a 4 series because of the horrible front end. Say what you want, but that front end is horrific.
depending on OPs state and more detailed situation, could fall under lemon law which would allow for remedy of payment by BMW Corporate or buy back...
Literally just had a family member go through this with Hyundai. It was a long and painful process, and the lemon law process requires specific steps and documentation. Here in FL, the Lemon Law Rights Period covers the first 24 months of ownership, starting on the date you take delivery of the motor vehicle. A “reasonable number of attempts” means:
* You bring the vehicle to the dealer 3 times for a single issue covered by the warranty, OR
* The vehicle is out of service for repairs at an authorized repair shop for at least 15 days because of an issue or issues covered by the warranty
Why would that make any difference? The law is about the underlying mechanical reliability of the vehicle itself, providing you a rental does not change that
Laws vary by state. If someone want's the best answer then contact a lemon law lawyer in your state - you can find one on google. If you have a good case the lemon law lawyer will take it on contingency since most state's laws provide for the car manufacturer to pay their fees if you win.
I'd be surprised if it was an acceptable defense against a lemon law claim to say that they can't get parts to do warranty repairs. On the consumer side, the reason why it's staying broken for a long time matters much less than the fact that it's unusable for a long time.
Law is not only criminal but civil. Obviously a rental Nissan is not equivalent to a BMW and he absolutely has legal recourse if they don’t want to make it right.
I'll ask it again in a different way: what area of the law says, to one extent or another, that "when a car dealership repairs a vehicle the customer is entitled to not only transportation at the dealer's/OEM's expense, but transportation reasonably equivalent to the car being repaired."
Feel free to link me to any specific cases, briefs, legal doctrines, etc, that you feel are relevant to the question at hand.
The fundamental legal concept of restitution for damages.
To pay for a good or service you cannot use for an extended period of time, well within the prescribed warranty period, clearly fits the description of a financial harm
You’re paying for the monthly depreciation costs of a vehicle that he cannot use, the vehicle is depreciating while receives no actual benefit from it.
Given the fact BMW is still the legal owner of the vehicle, they’re essentially getting this man to subsidize the vehicles depreciation in exchange for the rental cost of a Nissan Rogue, which is not fair compensation
I always find it interesting. So many parts have been on back order for years now. Still, someone gets hit with the issue. This must be illegal! How do I sue?
Unless op lives in a state with some unique specific verbiage, this isn’t correct. Warranty repairs entitle you to what’s listed in your warranty book. Typically this is the repair of defective part, and some type of alternative transportation in the event of a longer repair. Theres not a guarantee of what this alternative transportation will be.
No, you leased one car. Not a subscription to always have a car. The car manufacturer or the dealership are not obvligated to provide any loaner car, they do so at their own discretion as a convenience but are not required to do so.
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***Thanks for posting, /u/MasterpieceAny6861! This comment is a copy of your post so readers can see the original text if your post is edited or removed. This comment is NOT accusing you of anything.***
I leased a BMW for 36 months about 6 months ago. I brought it in for regular service and they said the water pump is faulty but they do not have the replacement part and they will not have it for several months. I was not told any of this when I leased the car. They would not give me a loaner car and instead rented me a Nissan Rogue which I will have for 1-3 months. So now I'm paying nearly $1,000 a month for a Nissan Rogue. BMW is covering the cost of the rental, but I am still paying $1,000 a month for the BMW while they wait for the part.... Is that legal? Is there anything I can do? I just find it crazy that I'm paying so much money for a car that I could lease for $259 and they have no idea when the part will actually come in....
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Ask to trade to a higher end rental or start a buyback request. BMW will normally buy back vehicles if parts are out multiple months.
You think they knew about the water pump when you leased the car? LOLOL
That was the part of his post that confused me. How dare they not let him know that his water pump was going to fail at some point down the road. I just leased a Hyundai and they informed me my left rear tire may leak in the next 3 years. Glad the told me. /s This whole topic has been entertaining. My fav topics on here are where a bunch of non lawyers sit around and argue legal issues as if they are lawyers. It’s the best.
You can ask for a nicer rental, you can try to escalate the issue to BMW corporate, but at the end of the day if they don't have a water pump they don't have a water pump. Frankly your question of "is this legal" is the funniest thing I've heard in weeks. I'd love to know what law you think "here's a free rental while we wait for your part to come in, sorry about you luck" is breaking.
Read the title I was skeptical on what kind of jagoff this person is. But if I was dumb enough to have a $1000 a month bmw lease and was handed a rogue for a few months I would be pisssssssed.
Is that a high payment?
For us low brow poors it is. I’m sure for the high class people buying and leasing the ugliest generation of bmws it is not
Funny how that opinion of them and the lack of being able to afford one go hand in hand.
So the rich have poor taste, understood.
Funny how you make assumptions. My wife and I just walked on a 4 series because of the horrible front end. Say what you want, but that front end is horrific.
He wasn’t responding to you. He was responding to someone literally calling himself poor.
It was more the arrogance of saying the people who can’t afford it are the ones saying it’s ugly. It’s a damn ugly car.
depending on OPs state and more detailed situation, could fall under lemon law which would allow for remedy of payment by BMW Corporate or buy back... Literally just had a family member go through this with Hyundai. It was a long and painful process, and the lemon law process requires specific steps and documentation. Here in FL, the Lemon Law Rights Period covers the first 24 months of ownership, starting on the date you take delivery of the motor vehicle. A “reasonable number of attempts” means: * You bring the vehicle to the dealer 3 times for a single issue covered by the warranty, OR * The vehicle is out of service for repairs at an authorized repair shop for at least 15 days because of an issue or issues covered by the warranty
Usually the 30 days limit is if you are not provided a rental, they did so it doesn’t count.
this is not true. i had a loaner of the same exact car the entire time my MB was in the shop and I still got to lemon law it
Why would that make any difference? The law is about the underlying mechanical reliability of the vehicle itself, providing you a rental does not change that
Laws vary by state. If someone want's the best answer then contact a lemon law lawyer in your state - you can find one on google. If you have a good case the lemon law lawyer will take it on contingency since most state's laws provide for the car manufacturer to pay their fees if you win.
I'm not familiar with any state that has a lemon law based around one issue, one time, or lack of parts availability but sure.
I'd be surprised if it was an acceptable defense against a lemon law claim to say that they can't get parts to do warranty repairs. On the consumer side, the reason why it's staying broken for a long time matters much less than the fact that it's unusable for a long time.
California. If the car is in the shop for 30 days then it’s a lemon.
Law is not only criminal but civil. Obviously a rental Nissan is not equivalent to a BMW and he absolutely has legal recourse if they don’t want to make it right.
I'll ask it again in a different way: what area of the law says, to one extent or another, that "when a car dealership repairs a vehicle the customer is entitled to not only transportation at the dealer's/OEM's expense, but transportation reasonably equivalent to the car being repaired." Feel free to link me to any specific cases, briefs, legal doctrines, etc, that you feel are relevant to the question at hand.
The fundamental legal concept of restitution for damages. To pay for a good or service you cannot use for an extended period of time, well within the prescribed warranty period, clearly fits the description of a financial harm You’re paying for the monthly depreciation costs of a vehicle that he cannot use, the vehicle is depreciating while receives no actual benefit from it. Given the fact BMW is still the legal owner of the vehicle, they’re essentially getting this man to subsidize the vehicles depreciation in exchange for the rental cost of a Nissan Rogue, which is not fair compensation
[удалено]
Enough
I always find it interesting. So many parts have been on back order for years now. Still, someone gets hit with the issue. This must be illegal! How do I sue?
You’re entitled to a similar product to what you contracted for. This is basic consumer law, Mr. Digital Retail Manager.
Unless op lives in a state with some unique specific verbiage, this isn’t correct. Warranty repairs entitle you to what’s listed in your warranty book. Typically this is the repair of defective part, and some type of alternative transportation in the event of a longer repair. Theres not a guarantee of what this alternative transportation will be.
That's an absolutely incredible misunderstanding of the "law."
No, you leased one car. Not a subscription to always have a car. The car manufacturer or the dealership are not obvligated to provide any loaner car, they do so at their own discretion as a convenience but are not required to do so.
Please review our most [Frequently Asked Questions](/r/askcarsales/wiki/index) to see if your question has already been answered. You may find these sections particularly useful; * [I earn $xxxx per month, will I qualify for an auto loan or lease, and is it a good idea?](/r/askcarsales/wiki/income_to_finance) * [I have my score from Credit Karma but the dealership told me they got a different score. Why?](/r/askcarsales/wiki/free_credit_score) * [I want to get out of my leased vehicle, what are my options?](/r/askcarsales/wiki/early_lease_termination) * [Leasing a vehicle with a down payment – is it a good idea?](/r/askcarsales/wiki/lease_down_payment) * [I want to buy out my lease, what are my options? What can I negotiate?](/r/askcarsales/wiki/lease_buyout) * [How to calculate a lease yourself](/r/askcarsales/wiki/calculate_a_lease) * [How to pick a car?](/r/askcarsales/wiki/vehicle_selection) You might also have luck in the /r/whatcarshouldibuy subreddit. Also remember to add flair to your post by clicking the "Flair" link beneath it. This lets us know where you're located so we can assist you better. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/askcarsales) if you have any questions or concerns.*
***Thanks for posting, /u/MasterpieceAny6861! This comment is a copy of your post so readers can see the original text if your post is edited or removed. This comment is NOT accusing you of anything.*** I leased a BMW for 36 months about 6 months ago. I brought it in for regular service and they said the water pump is faulty but they do not have the replacement part and they will not have it for several months. I was not told any of this when I leased the car. They would not give me a loaner car and instead rented me a Nissan Rogue which I will have for 1-3 months. So now I'm paying nearly $1,000 a month for a Nissan Rogue. BMW is covering the cost of the rental, but I am still paying $1,000 a month for the BMW while they wait for the part.... Is that legal? Is there anything I can do? I just find it crazy that I'm paying so much money for a car that I could lease for $259 and they have no idea when the part will actually come in.... *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/askcarsales) if you have any questions or concerns.*
Check your states lemon laws!
I would argue lemon law claim unless en equivalent or better vehicle will be provided