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New car, less than 1 year and going on 4th fuel pump

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terribleb

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I purchased a brand new european car last july 09. Car had 20miles, a month later I had 2kish miles and my first fuel pump failed. Then at 11kish miles my 2nd one has gone out. I recieved the car back 3 weeks ago and now the 3rd one has gone out not even 800 miles apart. The car has less than 15k miles and it's only been 10months old or less. Do I have a lemon law case in WI?
 


Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

I purchased a brand new european car last july 09. Car had 20miles, a month later I had 2kish miles and my first fuel pump failed. Then at 11kish miles my 2nd one has gone out. I recieved the car back 3 weeks ago and now the 3rd one has gone out not even 800 miles apart. The car has less than 15k miles and it's only been 10months old or less. Do I have a lemon law case in WI?
Doesn't look that way. The first hit for "Wisconson lemon law" shows:
What is a "lemon"?

A new vehicle - no more than a year old and still under warranty - is a "lemon" if

  • It has a serious defect the dealer can't fix in four tries, or
  • It has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive)
Since the dealer has only fixed it three times, it still must fail twice more to be considered a lemon. (the next failure will be the dealers fourth try, but it won't be a lemon until that one fails too)
 

justalayman

Senior Member
Doesn't look that way. The first hit for "Wisconson lemon law" shows:

Since the dealer has only fixed it three times, it still must fail twice more to be considered a lemon. (the next failure will be the dealers fourth try, but it won't be a lemon until that one fails too)
if the cumulative time to repair has exceeded 30 days, it would also qualify as a lemon.
 

terribleb

Junior Member
I've never ran it out of fuel. Thing is, when the fuel pump dies. It just stalls out on me MULTIPLE times without warning. I've been stranded on the highway and last night it just completely stalled out while going 40mph, I had to coast to a stop. It's a wide spread problem, just there hasn't been a serious accident that hasn't caused a total recall like toyota has.

Whenever the fuel pump has been in the shop for service it only takes 4 days top. So I won't be able to use the 30 day limit. People in other states have had their cars lemoned because they only require 3 repairs. Would it be possible to file it for safety endangerment?


Thanks guys for the advice!!!
 
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You Are Guilty

Senior Member
yup it's a 335.
Can't say I'm shocked. You know what the problem is then (and if you don't already, go to any BMW forum and you'll find out you're not alone). Your best bet is to hope you can squeeze under the Lemon Law protection. Barring that, you can try filing a consumer complaint with your AG's office (http://www.datcp.state.wi.us/cp/consumerinfo/cp/complaint-form/file_complaint.jsp), and maybe send some nasty letters to BMW corporate.

Good luck, it's a nice car when it runs :D
 

terribleb

Junior Member
Thanks for replies guys, yeah i've been on e90post.com. One of the many bmw forums, and countless upon countless owners are suffering from this. And the company is doing nothing but just extending the warranty. It's not about extending the warranty, but when the problem hits you...sometimes you can stall out in middle of intersection or on the highway like I have but am able to just coast to the side of the road.

There has been a handful of replacements and are all suppose to "fix" the older model fuel pump. But they all still fail, the newest one that just came out probably last quarter of 09' is still failing to this day. So I guess it's only a matter of time until I get the fourth one to make it a lemon. I mean, it's a nice car when its working a tip top shape..but it's just every 2 months this thing goes out and back to dealer. I spend xx amount on a car to drive you know. :( just frustrating.
 
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