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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110573
Experience:  Attorney experienced in commercial litigation.
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I have a 2004 BMW 325i with a SULEV engine. This engine has

Customer Question

I have a 2004 BMW 325i with a SULEV engine. This engine has a known warranty defect as listed in their warranty book, page 36-37
It concerns the fuel pump placed in those engines that were totally sealed for emission control and unable to be repaired. BMW Hilton Head says my fuel pump is broken and cannot be repaired because it is sealed inside the gas tank. I have a printed copy of the warranty and it states, : "This California Emissions Control System Limited Warranty applies to ALL 2004 U.S. specification BMW Sulev (PZEV) vehicles SOLD, LEASED AND/OR REGISTERED in California, Maine, Massachusetts, New York or Vermont." BMW's chief reason for not honoring the warranty is that the car is not now registered in any of the above states. My car was purchased and registered in California on 11/10/2003. There is nothing in the warranty that states the car must NOW be registered in one of those states and many of the blogs state that they now live in other states and were able to get the warranty honored albeit not without a fight. Others have used lawyers to help, but I am a freshman college student and have no disposable funds to pay a lawyer. Do you think I have a case? The warranty states: "BMW NA warrants to the original purchaser AND EACH SUBSEQUENT OWNER that the vehicle is free from defects in materials and workmanship in emission related parts, for A PERIOD OF 15 YEARS OR 150,000 MILES, WHICHEVER COMES FIRST". My car has 127,000 miles and BMW refuses to honor the warranty.
I do not want to make this any longer but blogs on the Internet have 50+ notices from owners who have been able to get BMW to honor this warranty.
Thank you for reading this long letter….Customer
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, yes, based on the warranty and the issues they have had with product liability suits as well against them, they have been reluctantly covering these claims. The warranty does NOT say it has to be "currently registered" in any of those state, it says either or, bought/leased or registered. So yes, you have a claim and you need to start by filing a complaint with your Attorney General's Consumer Protection Unit and under the Manguson Moss Warranty Act they will try to mediate a resolution. If they cannot do so, then you would have grounds to sue them for repairs.
Customer: replied 2 months ago.
Thank you so much for your prompt answer. It was just the information I needed. I have already contacted the SC State Consumer Complaint division and am awaiting their reply. I will keep this open a little more in case I have a follow-up question. Best regards, Ed
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply
You can come back here any time and use REPLY, but I would appreciate your leaving positive feedback, as the experts are not employees of the site so they get no credit for spending time with customers unless the customer does so. Again you can still return to the question and I will respond to any follow up questions you may have.

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