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BMWDoc
BMWDoc, Independent BMW shop owner
Category: BMW
Satisfied Customers: 6426
Experience:  20 years of experience working with BMW's. Independent European shop owner and technician.
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x1: is a bmw dealer oblilgated to have replacement parts a

Resolved Question:

is a bmw dealer oblilgated to have replacement parts avaiable
Submitted: 1 year ago.
Category: BMW
Expert:  BMWDoc replied 1 year ago.

BMWDoc :

Hello, I'm Jason. I will do my best to answer your question quickly and accurately using the information you have provided.

BMWDoc :

Some of these laws vary from state to state, with regards XXXXX XXXXX vehicle downtime

BMWDoc :

In most states, if a vehicle is out of service for 30 days or more, the customer has the right to request the manufacturer to buy the car back

JACUSTOMER-it8akxxa- :

this is inny state

BMWDoc :

ok thank you

BMWDoc :

Here is the text of the NY state lemon laws, which do apply to your situation

BMWDoc :

Cars covered by the law include any car that:



  • Was covered by a warranty at original delivery; AND

  • Was purchased, leased or transferred within the earlier of 18,000 miles or two years from the date of original delivery; AND

  • Was either purchased, leased or transferred in New York State or is presently registered in the state; AND

  • Is used primarily for personal purposes.


Duty to Repair:


A reasonable chance for a manufacturer or its authorized agent to repair a problem for a new car is considered to be:



  • Four or more attempts to repair and the problem continues to exist; OR

  • The car is out of service by reason of repair of one or more problems for a cumulative total of 30 days or more.


Exceptions when manufacturers may not be required to provide a refund or replacement:



  • The problem does not substantially impair the value of the car to the consumer; OR

  • The problem is a result of abuse, neglect or unauthorized alteration of the car.


What consumers should do if they become aware of a problem with the car:



  • Immediately report any defect or "condition" either directly to the manufacturer or to its authorized dealer. If the consumer reports the problem to the dealer, the law requires the dealer to forward written notice to the manufacturer within seven days.

  • Keep careful records of all complaints and copies of all work orders, repair bills and correspondence.

  • Contact the Department of Motor Vehicles at(NNN) NNN-NNNNif there are problems obtaining repair orders.

BMWDoc :

And here is a link to the complete NY state statutes covering lemon law

http://www.ag.ny.gov/sites/default/files/pdfs/publications/New_Car_Lemon_Law_2011.pdf

BMWDoc :

So, to directly answer your question: "is a bmw dealer oblilgated to have replacement parts avaiable"

The answer is yes, otherwise you have the option of making BMW North America buy the car back

JACUSTOMER-it8akxxa- :

the car was leased in ny state. the reason for the repair was that I was in an accident

BMWDoc :

Ok, that changes things entirely.

BMWDoc :

In that case, there is no legal recourse with regards XXXXX XXXXX law

JACUSTOMER-it8akxxa- :

thank-you

BMWDoc :

However, if your dealer is not being prompt enough, you do have the option of contacting BMW North America. All parts should be available, and even if they have to come from Germany, the wait time is no more than 2 weeks

BMWDoc :

here is how you can get in contact with BMW NA

BMWDoc :

Is there any further information that I can provide?

BMWDoc :

Ok, switching to email format, if you have any followup questions

BMWDoc, Independent BMW shop owner
Category: BMW
Satisfied Customers: 6426
Experience: 20 years of experience working with BMW's. Independent European shop owner and technician.
BMWDoc and 2 other BMW Specialists are ready to help you

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BMWDoc
BMWDoc
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20 years of experience working with BMW's. Independent European shop owner and technician.