New 2011 X5d on the way.. wait begins (again)

[SANguru]

Originally Posted by ard

Since when is a lemon buy back confidential?

lemon law lawyer involved = confidential.
BMWNA non-lemon buy back also requires you to keep details confidential.

[ard]

Originally Posted by SANguru

lemon law lawyer involved = confidential.

Huh, I must have missed that section of the code, although I am not familiar with NJ. I'd assume is is similar in many states as the State has an express interest in these details being public.

California Lemon Law 1793.26.

(a) Any automobile manufacturer, importer, or distributor who reacquires, or who assists a dealer or lien holder in reacquiring, a motor vehicle, whether by judgment, decree, arbitration award, settlement agreement, or voluntary agreement, is prohibited from doing either of the following:

(1) Requiring, as a condition of the reacquisition of the motor vehicle, that a buyer or lessee who is a resident of this state agree not to disclose the problems with the vehicle experienced by the buyer or lessee or the non-financial terms of the reacquisition.
(2) Including, in any release or other agreement, whether prepared by the manufacturer, importer, distributor, dealer, or lien holder, for signature by the buyer or lessee, a confidentiality clause, gag clause, or similar clause prohibiting the buyer or lessee from disclosing information to anyone about the problems with the vehicle, or the non-financial terms of the reacquisition of the vehicle by the manufacturer, importer, distributor, dealer, or lien holder.

(b) Any confidentiality clause, gag clause, or similar clause in such a release or other agreement in violation of this section shall be null and void as against the public policy of this state.
(c) Nothing in this section is intended to prevent any confidentiality clause, gag clause, or similar clause regarding the financial terms of the reacquisition of the vehicle.

(truth is that it depends on the terms of the agreement, but at least in CA, the only gag can be on $$$ details)

Consumers are easily confused and think that the whole think needs to be kept quiet...

A

[SANguru]

all GOOD lemon law attorneys will ask you not to communicate with the dealer or BMWNA. They handle the discussions. They will also ask you to NOT disclose any information to anybody so one will not jeopardize the lemon law case. It is on typical retainer docs and it's also prudent.

On a voluntary BMWNA buyback, you also sign that you will not disclose $ amt and details of your case before getting the settlement.

Both cases on buybacks, the purpose of the buyback is to maintain a clean title of the car instead of making it a lemon title.

Been through it a couple times in CA with BMW, Audi and a Porsche. What you posted does not apply.

Originally Posted by ard

Huh, I must have missed that section of the code, although I am not familiar with NJ. I'd assume is is similar in many states as the State has an express interest in these details being public.

California Lemon Law 1793.26.

(a) Any automobile manufacturer, importer, or distributor who reacquires, or who assists a dealer or lien holder in reacquiring, a motor vehicle, whether by judgment, decree, arbitration award, settlement agreement, or voluntary agreement, is prohibited from doing either of the following:

(1) Requiring, as a condition of the reacquisition of the motor vehicle, that a buyer or lessee who is a resident of this state agree not to disclose the problems with the vehicle experienced by the buyer or lessee or the non-financial terms of the reacquisition.
(2) Including, in any release or other agreement, whether prepared by the manufacturer, importer, distributor, dealer, or lien holder, for signature by the buyer or lessee, a confidentiality clause, gag clause, or similar clause prohibiting the buyer or lessee from disclosing information to anyone about the problems with the vehicle, or the non-financial terms of the reacquisition of the vehicle by the manufacturer, importer, distributor, dealer, or lien holder.

(b) Any confidentiality clause, gag clause, or similar clause in such a release or other agreement in violation of this section shall be null and void as against the public policy of this state.
(c) Nothing in this section is intended to prevent any confidentiality clause, gag clause, or similar clause regarding the financial terms of the reacquisition of the vehicle.

(truth is that it depends on the terms of the agreement, but at least in CA, the only gag can be on $$$ details)

Consumers are easily confused and think that the whole think needs to be kept quiet...

A

[ard]

Originally Posted by SANguru

What you posted does not apply.

Really?

OK, you want to split hairs to try and win this argument, we can play that game.

But there is a difference between an attorney ASKING you not to disclose (which is you position now), and being PREVENTED from disclosing anything about lemon buybacks (which was what you first implied)

I agree on a voluntary buyback, BMW can set the rules... after entering an agreement. (Although I agree it may be prudent to be cool if they are going to do the right thing.)

If you recall my first post was:

"Since when is a lemon buy back confidential?"

The existence of a lemon law buyback is public record in California. Do you know different?

[SANguru]

don't really care to win any argument. Just pointing out possible scenarios and I don't make extra money by arguing with you so end of discussion.

Originally Posted by ard

Really?

OK, you want to split hairs to try and win this argument, we can play that game.

But there is a difference between an attorney ASKING you not to disclose (which is you position now), and being PREVENTED from disclosing anything about lemon buybacks (which was what you first implied)

I agree on a voluntary buyback, BMW can set the rules... after entering an agreement. (Although I agree it may be prudent to be cool if they are going to do the right thing.)

If you recall my first post was:

"Since when is a lemon buy back confidential?"

The existence of a lemon law buyback is public record in California. Do you know different?