Yes.

Time to think dispassionately- this is a MAJOR defect. They MAY have repaired one isolated issue, only to get unlucky again, or they may have been a deeper issue that lead to all this, or the yahoos doing the work F-ed something else up...point is YOU DO NOT CARE. The copy YOU got is...a lemon.

Time to pull the rip cord, IMO.

I've posted A LOT, here and on bimmerfest about lemoning. I get a lot of PMs too. Here is what you do:

1. Research the law in your state. Where you titled the car. DO YOU ALREADY MEET THE STATUTORY TRIGGER for a lemon claim? If yes, good. If no, WAIT UNTIL YOU DO.

2. Call BMW Customer Relations. Not finance. Not the dealer. Now, this part is important- they will sound stupid, disinterested and mildly helpful- but will STALL you with a promise to 'research and get back to you'. They will be ernest and insistent. You have a choice- if you want to waste a week, you can do this. if you want to get past this point you should tell the operator you are considering filing a lemon claim, and will be sending a certified letter to BMWNA- (ask them to confirm the address which you will read from your maintenance/warranty booklet.) This usually gets you to the paralegal group. Tell them you will be sending them a demand letter to buy the car back.

Note: If you are seeking to avoid a lemon, and do a trade-assist, do not SAY you ARE doing a lemon..use words like 'may', 'might', etc. It might be appropriate to dial back the early rhetoric here, and let them loop in the dealership sales people...but DO NOT expect miracles. When they delay you it is to avoid a lemon AND to avoid a buyback- they will say "give us one last try" etc, etc..their goal is to have you keep the car, period. However given what has happened to your car, I'd refuse any offers to help that result in you in the car past June....

3. You will ultimately need to send them a demand. It should list defect, time, mileage and days in shop. In my state the buyback/lemon amount was calculate to the FIRST occurrence of the defect - might not be much help in this sityation, but mine was at 9k miles and lemoned it at 32k. Big $$ impact. Your situation will be different...any issues with noises from the front end noted in a Work Order?? When you send this, use Certified US mail AND a copy via Fax.

4. BMW will not be helpful, nice, courteous, cooperative, prompt, nor professional. You are, essentially, trying to become a non-customer. Don't take it personally.

If you want to do a trade assist and think you can avoid a buyback, this is done in cooperation with the dealer. Will they be helpful? What is your relationship with the service manager and sales folks where the car is now (ie the 'home' dealer)

Anyway, some food for thought....

A