BMW refused to fix my car

[335is-dct]

Originally Posted by YasM3

It would be like you are on trial for murder. They are not going to email or text you proof that they have you on video committing the crime. They will show the evidence in court. Just like this case, they are keeping their emails vague to you to defend themselves in the case you lawyer up and take them to court. The "proof" will undoubtedly come out then.

Lol you idiot, that's exactly what prosecutors are REQUIRED to do. It's called discovery, look it up. Internet experts, I swear...

[obriennathaniel]

Originally Posted by Msmall143

which portion of what you said? because if you said somewhere that your car has never been tuned then yea i did miss that.

Exactly lol

Maybe he did say it, he just went back and edited it

[MNoob]

Since the OP is handy with the edit button, he needs to fix the post title by adding "again" to the end.

[dmk08]

Originally Posted by G35POPPEDMYCHERRY

you guys are missing the MAIN point of all of this. JB4 or Hex or Gianiti PLEASE TELL

Why is that the main point? If you tune your car in any way they can tell. Any of the above.

Moral of the thread. Dont mod if youre a warranty pussy. </thread>

[MNoob]

Originally Posted by dmk08

Why is that the main point? If you tune your car in any way they can tell. Any of the above.

Moral of the thread. Dont mod if youre a warranty pussy. </thread>

right over your head

[Who's on first]

Here's the thing that I'm having trouble with.

Say, it was tuned, prior to the first repair ... why oh why.. would he put it back on, knowing it may have caused the issue.

The second time around risk clearly outweighs the reward in this specific case.

Maybe... it was never tuned...

But sure as hell sounds like it...

[Mike@N54Tuning.com]

Originally Posted by TRZ06

Exactly. If he had a real case, it's as simple as calling a lemon law attorney.

Lemon law attorneys work on a contingency basis and only will take a case of it meets the requirements.

If what the OP says was accurate, it's really that simple as a phone call. If he is hiding something, then the attorneys will find it in their due diligence research and not take the case.

Actually what they do if they think the car was modified and you sue them is subpoena the popular modification companies for proof of aftermarket part sales to the customer in question. If they get a hit it's case over. If you break something modifying it you should pay for it. On the other hand if something breaks that is not related to your modifications and you do not lie about the modifications, you can fight them in court and win. It's just expensive and time consuming.

Mike

[MaynardZed]

Originally Posted by Who's on first

Here's the thing that I'm having trouble with.

Say, it was tuned, prior to the first repair ... why oh why.. would he put it back on, knowing it may have caused the issue.

The second time around risk clearly outweighs the reward in this specific case.

Obviously, OP is not the sharpest knife in the drawer. That's why. He stood to gain nothing by posting this thread, just couldn't resist the urge to vent. Reading between the lines, it was obvious OP had a tune on the car by his second post in this thread.

My recommendation to the OP is to forget about the lawyers, lawsuit, etc. and trade the car into a non-BMW dealership tomorrow and buy something else. Yes, kind of shady, but its probably what I would do and I wouldn't post a damn thing on the internet about it.

[DonkeyKong]

[16M4]

It's funny that you guys are jumping on this. If you read carefully, you should have found the answer to what you guys are assuming. But I'll let you all figure that out. I don't feel the need to have to repeat myself especially to someone like above who thinks he's the smartest by calling me not the smartest guy...I even said it a couple of times. I'll just update you guys when this is all over ��. Again, not hiding anything if you guys just read carefully ��.

Mike, I completely agree with what you said. That's what I originally ally wanted to get by posting this thread---how time consuming.I'm not wasting my time if I didn't think I had a case. Again, as a reminder, I put this thread up for additional info people might have. Didn't expect some Internet smartass to jump on this without knowing all the facts (which I think laid it out here), accusing of the uncertain, etc. We're all lawyers/investigators on the Internet.....

[Sassicaia]

Car was tuned.

BMW is to big of an organization to play games and pretend a car was tuned to void a warranty if it really wasn't. Way to much for them to loose if they are proven wrong.

OP never flat out said "car was never tuned".

Deleting past posts because "other cars were tuned" makes zero sense, because what you do with other cars has zero relevance to the car in question.

To be honest its people who try and skirt the system, and make claims on things like this that raise the extended insurance costs for the rest of us.

[MNoob]

Originally Posted by 16M4

It's funny that you guys are jumping on this. If you read carefully, you should have found the answer to what you guys are assuming. But I'll let you all figure that out. I don't feel the need to have to repeat myself especially to someone like above who thinks he's the smartest by calling me not the smartest guy...I even said it a couple of times. I'll just update you guys when this is all over ��. Again, not hiding anything if you guys just read carefully ��.

Mike, I completely agree with what you said. I'm not wasting my time if I didn't think I had a case. Again, as a reminder, I put this thread up for additional info people might have. Didn't expect some Internet smartass to jump on this without knowing all the facts (which I think laid it out here), accusing of the uncertain, etc. We're all lawyers/investigators on the Internet.....

if you really are going to pursue legal action, let me pass on advice that an attorney vigorously expressed to me once. stop talking.

[16M4]

^smartest comment so far! I've been trying to but these jokers Calling me stupid without knowing anything irritates me

[MNoob]

Originally Posted by 16M4

^smartest comment so far! I've been trying to but these jokers Calling me stupid without knowing anything irritates me

well then your F'd in the first 5 minutes of a deposition.

[gvan1998]

If you didn't tune your car then why don't you flat out say you didn't.

[13M5F10]

OP, I know you came here for help but being vague, and not being completely honest is what screwed you here.

I won't ask if it was tuned because after reading your responses I have to assume it was.

With that said, when the issue happened initially, it was stock from what I've read. Is that the correct assumption?

When it happened the second time, were there any engine modifications between the two incidents?


Here is a good article about the magnuson act and mods .

http://m.dummies.com/how-to/content/...ty-intact.html

Here is a paragraph from the attached link

That being said, if you choose to modify your car, and suddenly the fancy new electronic control boxes that you added to your car make it run rough, not start when cold, or buck like a bronco, the dealer can and will charge a diagnostic fee to find out what is wrong with your car. If it turns out that your modifications are the cause of the problem, the dealer has every right not only to charge you for the diagnosis and repair, but to also void the portion of the warranty that has been compromised by the use of those aftermarket parts. Likewise, a dealer may refuse to service your car if it is adorned with aftermarket parts to the extent that its technicians cannot reasonably be expected to diagnose what is wrong with your car. As an example, all cars manufactured after 1994 are equipped with OBDII (On Board Diagnostics II) ports that dealers use to read engine diagnostic codes for everything from an engine vacuum leak to a malfunctioning emissions system. If your chosen modification has compromised the dealer service center's ability to scan for these codes (aftermarket ECUs generally do not support OBDII), then there is a strong probability that the dealer service center will

Deny warranty coverage
Refuse to service the car
Note with your factory field representative for your region/district that your car has been "modified"

[Draper]

OP - have you thought about reaching out to the company that made your tune?

It could be a fluke, improper install, etc... but if it was a tune my company wrote I would want to know the exact details that led up to the issue, and resulting warranty denial.

Who knows...maybe they'll offer to help you out to avoid the potential backlash from negative statements like 'XYZ tune ruined my car'.

[FC4]

What's the over/under on OP's age?

[Mandi90TT]

25

[FirstF80InSpace]

Well. I was going to change my grills to IND black grills for my incoming M3, but after reading this thread...fuck that shit.

I don't want to risk voiding my powertrain warranty.

[M4_GTS]

Originally Posted by FrozenCommunist

Well. I was going to change my grills to IND black grills for my incoming M3, but after reading this thread...fuck that shit.

I don't want to risk voiding my powertrain warranty.

Don't be an idiot and use some common sense.

[03Saleen]

So this is a manual not a DCT, right?