BMW X4 Lemon Law

Yes, excessive oil blow-by in the S58 engine that causes oil to accumulate in the intake system is a substantial defect under the Song-Beverly Consumer Warranty Act, as it impairs engine performance and can lead to further mechanical damage. BMW's inability to resolve this issue through revised PCV valve components or software updates after multiple repair attempts strengthens a lemon law claim. Keep records of all dealer visits and any oil consumption measurements taken.

Yes, BMW's Certified Pre-Owned warranty is an express written warranty that triggers Song-Beverly Consumer Warranty Act protections for your X4. Any defects that arise during the CPO warranty period and cannot be repaired after a reasonable number of attempts may qualify your vehicle as a lemon. The CPO warranty provides the same lemon law rights as the original factory warranty in California.

With two prior transfer case replacements and a third failure, you have a strong lemon law claim under the Song-Beverly Consumer Warranty Act. You can recover a full refund of your purchase price including taxes, registration, finance charges, and incidental expenses like towing and rental cars, minus a mileage offset. Alternatively, you may choose a replacement vehicle, and if BMW is found to have willfully violated the Act, you could receive civil penalties up to two times your actual damages.

Generally, aftermarket modifications are not included in the lemon law refund amount under the Song-Beverly Consumer Warranty Act, which covers the purchase price, taxes, fees, and incidental damages. However, factory-installed options and dealer-installed accessories that were part of the original purchase contract are included in the refund calculation. If aftermarket parts were removed before returning the vehicle, you would retain those parts at no deduction to your refund.