Our client Kayla C. purchased a used Certified Pre-Owned (“CPO”) 2011 BMW X1 SUV, which was advertised as better than new with an extended warranty. She knew something was wrong when the steering wheel felt rough and the engine started making a terrible rattling sound within the first week of her ownership. Kayla immediately brought the X1 back to BMW’s authorized repair facility, but no work was performed. Over the next two years she returned to BMW ten (10) times, with the same complaints and more, such as the vehicle lunging and the engine/transmission making troubling noises. BMW attempted to fix the X1 by replacing its transmission, spark plugs, fuel injectors, differential, and rear exhaust components, but nothing solved the problems.
In January 2016, Kayla had enough and asked BMW to repurchase the X1. BMW rejected her request and directed her to return to her dealership to get the X1 repaired yet again. She gave BMW another chance to fix the issues, but to no avail. Kayla re-asked BMW to repurchase her X1 a second time, but BMW still refused to repurchase her X1 and instead offered to pay two “goodwill” finance payments or a “loyalty credit” of $3,000 towards a trade-in for a new BMW if she wanted out of the X1.
Kalya hired counsel to pursue her California Lemon Law rights. In the summer of 2018 her case went to trial in Los Angeles Superior Court. By the time trial commenced, Kayla had brought the X1 in for repair a stunning seventeen (17) times. California Lemon Law trial attorneys Richard M. Wirtz, Amy R. Rotman, and Jessica R. Underwood of Wirtz Law APC tried the case. After a week of trial and 3 hours of deliberations, the jury returned a verdict in Kayla’s favor and awarded a full refund plus $5000 in incidental and consequential damages for a total of $69,653.64, plus BMW was ordered to pay plaintiff’s attorney’s fees and costs. Additionally, the jury found that BMW had acted willfully in failing to comply with its legal obligations to promptly repurchase the X1 and further awarded civil penalties to punish BMW and to discourage BMW from committing violations of the California Lemon Law in the future.
For more information call the experienced trial attorneys at (833) 4MY-LEMON for a free case evaluation.
Disclaimer. The information provided in this post is for informational and educational purposes only regarding aspects of the California Lemon Law. It is intended for California Consumers only. This post is considered an advertisement by attorney Richard M. Wirtz and Wirtz Law APC. You should not rely on any of the information provided in this advertisement and no legal advice is given by the advertisement. No attorney client relationship is established by viewing this advertisement. A written signed engagement agreement between you and Wirtz Law APC is required to create an attorney client relationship. You should immediately consult an attorney which is experienced in California Lemon Law. Attorney Richard M. Wirtz is responsible for the content of this post. Prior results do not guarantee a similar outcome.