[ezmaass]

For what it's worth, I took a look at my home state (CT) lemon laws, and they require 30 or more cumulative days in the shop to repair the issue to qualify - so at least in CT, this car would already qualify as a lemon seeing that 35+ days have passed. Likewise, CT's law also only requires four (4) attempts to fix the same problem ("reasonable attempts") before it's considered a lemon.

That said, I believe the law also requires the car to be less than 2 years old and have less than 24,000 miles on the odometer. I realize CT's law doesn't apply to the cases here, but I suspect it may be similar to the laws of at least NJ. Best of luck with this! I think BMW should be doing a lot more for you than just paying a monthly fee (especially as none exists). You're being deprived use of an expensive asset that depreciates with time - so I'd start with the depreciation effect first... especially for the guy who's been out of use for multiple months.