ph350

Congratulations on the M3, you're in for a helluva ride. The seats and exhaust are awesome too.

npa201

Gotcha. Thanks for the info. I'm considering selling mine once i get mine back from the shop. It has 140 miles on it. The dealership has had it longer than I have and it may be 7 more weeks until I get it back.

Sportstick

Depending on where you live, don't forget to check the 30 day out of service provision of several Lemon Law statutes. If you've met the requirement, you should find little resistance at MBUSA, as they also know the inevitability of the remedy if you pursue it.

npa201

I am considering it. In NJ its 20 days out of service or if it substantially impacts the value/safety of the car (I could argue trying to sell a car with bleeding seats impact the value). That said, by the time the courts see the case they could have the parts and fix it and then what case do I have?

Sportstick

It shouldn't have to work that way. Once you meet the state requirements, simply call MBUSA and ask about their process under the consumer rights granted by the NJ statute. Under most statutes, the manufacturer also is liable for the legal costs (attorney/court fees) of the plaintiff, and the companies know there is little defense. If you have paperwork from the dealer which shows dates adding up to the requirement, this may be easier than you think. Don't base the test on the value/safety prong of the standard; if the statute simply has a 20-day clock, that is your argument.

Sportstick

I don't know these people, but there is helpful information and because they know of the recovery provision from the vehicle manufacturer, they do not charge the potential plaintiff - you. Google has others with similar no-charge assistance. There is zero reason for you to take the resale hit if the car falls under the NJ statute.

http://www.lemonlaw.com/new-jersey-l...FZKFaQodA5YAMw

npa201

Here is how NJ's lemon law works:
http://www.state.nj.us/lps/ca/ocp/lembroc.pdf
-in 5 days, I need to send a letter as I will reach the 20 day w/o repair threshold.
-MB then has 10 days to fix it which they will be unable to based on when the inventory will come int.
-Here is where I can lose. Technically the issue must still exist after the final repair (the 10 days). Where I need to speak with the consumer affairs division is the entire process will take about 55 days. That would technically give MB enough time to fix the seats and then its unclear to me where that leaves me. Also, their lawyers can appeal which can draw out the process another 45 days.

-The other thing I've yet to explore because I tend not to want to go down this path is that I work at a very large mutual fund and we have a small stake in MB. This theoretically gets me a direct line to investor relations and certain other people at the company. I also have yet to make others on wall street aware of this issue primarily because: 1) the impact will be relatively small to MB at this point so I don't think analysts will change numbers on this and 2) I have no leverage on this issue after that. Not sure how much heat to apply, how angry I should be on the phone with MB USA. I've generally been very polite.

Sportstick

Respectfully, I think you are over-complicating this approach. Once you reach the 20-day threshold:

1) Call MBUSA and politely point out the status of the car, that you want to invoke the refund alternative, and that you wish to know their current position regarding your car based on NJ law. They may need a few days to check into your case. If they do not agree to take the car back at that time....

2) Contact one of the NJ Lemon Law attorneys (a choice easily found on Google). This costs you nothing. They have the experience and earn their living at the expense of the vehicle manufacturer, not at yours. Answer their questions and they will advise you accordingly.

At this point, you will have much more useful information about the subsequent alternative paths, if necessary. However, there is no advantage to abandoning this potential remedy before pursuing it further. That was not the legislative intent of the statute!

BlackjackM

Or, just let them fix it (after getting the freebies they are going to give you) and move on with life. Kinda like how I did when my 135i (most boring car I ever owned) was laid up waiting for a new high pressure fuel pump during that fiasco. Want some good reading, google BMW hpfp.

npa201

Yeah, won't abandon the idea. My case manager will call me on Friday with an update and it will then hit the 20day threshold at which point I will bring this up and will ask for
1) NAV SD card - they have already agreed to this
2) premium headlight package (hopefully can be added)
3) 18 inch wheels with with the upgraded multi-spoke
4) Service coverage for the first 4 years.