CarTalk.com Blogs Car Info Our Show Deals Mechanics Files Vehicle Donation

Buyback

How do buy backs typically occur from the mfg’s? What would be considered fair? Generous?

Which type of buy-back are you talking about?

If you are referring to the buy-back of a car in a Lemon Law case, most (perhaps all) states mandate that you receive a full refund of the original purchase price, including all taxes and fees.

If you are referring to buy-backs where the mfr is simply trying to move iron off of their storage lots, there are no regulations governing the dollar amount that is offered in exchange for your car. In that case, your “fair price” is what you want to receive, and the mfr’s “fair price” is what they want to offer.

How much they offer=how badly they want to move iron off of their storage lots, and there is no standard.

Buy back ???
That’s called a trade in.
Every piece of junk mail I get that that ‘’ announces an official factory authorized buyback program’’ is purely and simply a sales ad.
’‘Hey come and trade in your car’’ doesn’t sucker anybody in.
But an '‘official buyback ‘’, now you’re talkin’ …
the exact same thing !

‘‘this weekend only’’…hype.
’‘invitation only’’…sucker.
’‘highest dollars allowed by law’’…double sucker hype.

‘‘typically’’ ??
Again just what ‘‘buy back’’ are you refering to ?

We need more information to comment meaningfully, Al. Whats the story?

CEL light continues to illuminate. Now is the forth time for the same code. The dealer can not fix the problem, and BMW NA has no advice. In addition, BMW NA has concluded that my car is not eligible for a repurchase for the state of CA.

The BB Auto line is of a different opinion.

I’m assuming this is a relatively new car we are talking about. I seem to recall you drive a 2011 or so BMW (model escapes me), right?

Learn the lemon laws in your state and let them know you know what you’re doing, Alternatively, get an attorney to threaten them with the same. They should be done stonewalling you by then, but if that doesn’t work, start suing.

Al, her’s a lemon law site for you:

Read through it and decide for yourself. What BMW told you may or may not apply. I had a recurring problem on a 1987 Taurus and almost got a new car. The dealership was down to it’s last chance when they finally did the right thing and replaced the AC compressor. You should have seen the service agent’s eyes when he pulled up my information on the computer. His eyes were as big as saucer’s. I believe that he saw that Ford was officially giving them on more shot. It was priceless.

Yes, a 2011 535i purchased new. It currently has around 8500 miles and purchased in July 2011. I treat the car like a museum piece.

I agree that BMW, in their interest, would not want to recognize my car as a potential Lemon repurchase, and thus keep sending the car back to their service department. The code is for an emission part that nobody can determine its true status. Now would be the forth time back to the service department…they can not fix it after three times, do they really need a forth attempt?

My family thinks that the whole situation is outrageous that BMW does not repurchase this new car with an emission issue that can not be properly diagnosed.

I am still unclear as to when you initiated the Lemon Law Complaint process with this car.

My recollection is that you first posted about the problems with this car about 3 months ago, and several of us advised you to begin the Lemon Law Complaint process at that time.
When did you initiate the Lemon Law process?

I started the process with the BB Auto Line ten days ago. At the same time BMW NA wished to do their own investigation into the matter. They concluded that my car does not qualify as a repurchase because the CA Lemon law does not apply.

Why are you dealing with the Better FOR Business Bureau?
Doesn’t your state have a Lemon Law–which typically calls for filing a complaint with the AG’s office?

Al, read what California’s lemon law (see URL above). That’s all you need to know. Make sure you have a receipt for each visit. No receipt means no visit. It’s really vary simple.

Upon reading the Lemon Law literature issued by the CA department of consumer affairs, BMW and the national BBB office have an arbitration arrangement for such issues, and this is appropriate, non-legal pathway in order to resolve the matter. The BBB assured me that the process is impartial and highly audited by the Federal governmental agency.

“If the manufacturer maintains a state-certified arbitration program, the consumer must submit the warranty dispute to the arbitration program before the consumer can take advantage of the presumption in court. Arbitration is an alternative to court proceedings. The consumer may assert the presumption during arbitration. Information about any arbitration should be described in the warranty or owner’s manual.”

Personally, I wouldn’t trust the BBB as far as I could throw them, but if this is your only option, then clearly you have no choice in the matter.

I sincerely hope that this is resolved to your satisfaction.
Good luck with the process.

" I wouldn’t trust the BBB as far as I could throw them…"

The manufacturers pay for the program in advance of any complaints. They have no idea if and when someone may complain when the payments are made. The first step is to entertain offers from the manufacturer. If you don’t like the alternatives, then you can request arbitration. If you don’t like the results there, you can still take the manufacturer to court. Up to suing the manufacturer, the process doesn’t have to cost you anything.

If you traded the car tomorrow for a non-BMW model, how big a hit would you take? What is the “Blue-book” value of the car as it is today?? “Lemon Laws” look good on paper but actually getting a car dealer to write you a check is another matter entirely…

To Sunny Al, let the arbitration process move forward since you are in the early stages. You have a car that won’t pass smog standards in CA and many other states which fail any car with a check engine light on. This pretty much reduces the resale value to $-0- in CA and states with the same laws on the books.

As far as value; you should get a full refund of what you paid for the car, or a brand new BMW of the same model and with the same options as your car is equipped. I’d opt for the cash as the replacement might be just as bad as the car you have issues with now. Even with a full replacement you are out the sales tax and registration fees you have spent on the car. Some money for “pain and suffering” is something you might feel entitled to, but that would be a long shot and would likely involve taking it beyond arbitration and into a court fight.

Thanks for your input UncleTurbo.

I believe that CA lemon law requires the mfg to cover all taxes and fees were I to win a repurchase from the arbitration.

Would you recommend that I take the car in for another attempt (another service department) to fix the problem as the arbitration process proceeds in parallel?

I’d wait for the arbitrator to recommend another attempt at a fix. At that point you will have BMW’s attention and they will put their best men on it. If they report back a failure to fix, or the light comes back on after the fix then your arbitration case just got stronger.

You should contact the state and ask if they think you have given BMW enough chances to fix the problem. This is not a safety issue, and I imagine you need to give them at least 4 shots at it. But you should check with the Department of Consumer Affairs’ Arbitration Certification Program at (800) 952-5210.

“… you should get a full refund of what you paid for the car, or a brand new BMW of the same model and with the same options as your car is equipped.”

Actually, Cali uses a formula. Divide the number of miles on the odometer by 120,000 and that is the fraction the owner owes in the transaction. As Al said, all fees to possess and register the original car are part of the transaction.