BMW X5 Lemon Law

Yes, under the Song-Beverly Consumer Warranty Act, a vehicle that has been out of service for a cumulative total of 30 or more calendar days due to warranty repairs creates a rebuttable presumption that the vehicle is a lemon. Each day your X5 spent at the dealership for suspension repairs counts toward this threshold. You should gather all repair orders showing the dates your vehicle was dropped off and picked up.

No, BMW cannot avoid lemon law liability simply by characterizing the phantom braking as a software issue. Under the Song-Beverly Consumer Warranty Act, any defect that substantially impairs the use, value, or safety of the vehicle qualifies, regardless of whether the root cause is hardware or software. Phantom braking in your X5 is a clear safety defect that impairs the vehicle's use and your safety on the road.

Yes, the Song-Beverly Consumer Warranty Act applies to leased vehicles in California just as it does to purchased ones. As the lessee of a defective X5, you are entitled to the same protections, including a refund of lease payments made, any down payment or trade-in value, and incidental costs. BMW Financial Services and BMW of North America can both be held liable in a lemon law claim involving a leased X5.

Yes, persistent oil leaks from the N63 engine constitute a substantial defect that impairs the use, value, and safety of your X5. Oil leaks can lead to engine fires, environmental hazards, and engine damage if not properly repaired. Under the Song-Beverly Consumer Warranty Act, if BMW's dealers have been unable to fix the oil leak after a reasonable number of attempts, your vehicle likely qualifies as a lemon.