Forgot to flash back to stock-Now dealer says I need a new DME

[FriedPiston]

Originally Posted by RevNev

The dealer has possession of the car prior to delivery and as an example, the pre-delivery check on my M4 was conducted according to service records, 9 months prior to me taking delivery. The dealer can't verify what program was loaded into the DME at the time of delivery and that's the argument.

At best if it's possible, the dealer may be able to verify the DME program 9 months prior to delivery but in the 9 months the car's kicked around the yard unsold, anyone could have tampered with it.

It's not about the program BMW loaded into the DME, it's about the program loaded into the DME at the time the dealer sold the car.

If the dealer has modified the car and caused BMW to void the warranty in Australia, the dealer is liable to cover it. That's the reason dealers won't generally fit aftermarket components on cars under warranty.

I totally get your point, but this argument won't hold ground in the U.S. court system. If you want to test your luck against BMW and their team of Lawyers and Engineers, I hope you understand that they can check when the DME was flashed, and then some...

The headaches from litigation, and if the case ever makes it to court, is absolutely not worth it. Not to mention the legal ramifications from purposely withholding the truth or falsifying the vehicle modification timelines.

Let's hope no one is foolish enough to take the court system route.

[G35POPPEDMYCHERRY]

Originally Posted by GNALUZU

Internet lawyers are always the best kind of lawyers. Lol

I don't blame the OP for not providing any further update.

lmaoo

I love when people assign their moral judgment, not knowing all the facts.

Like can someone help a brotha out?

This dude just trying to drive his car again. I don't think he want's BMW's head on the spike.

[drgmt]

Originally Posted by nars3000

I totally get your point, but this argument won't hold ground in the U.S. court system. If you want to test your luck against BMW and their team of Lawyers and Engineers, I hope you understand that they can check when the DME was flashed, and then some...

The headaches from litigation, and if the case ever makes it to court, is absolutely not worth it. Not to mention the legal ramifications from purposely withholding the truth or falsifying the vehicle modification timelines.

Let's hope no one is foolish enough to take the court system route.

The argument wouldn't hold weight in an an Australian court system either.

It's akin to arguing that -

"Your honour, a lightning bolt from Thor's hammer struck my NEW car as it lay in the dealership and remapped it" - or "it could have been my neighbour a 2 am as I slept".

Good luck winning that argument on "the balance of probabilities". Paying $50,000 to go to court with that argument lol. Yeah sure.

Much better to put the money aside to pay for any future drivetrain warranty repairs yourself.

[RevNev]

Originally Posted by drgmt

The argument wouldn't hold weight in an an Australian court system either.

It's akin to arguing that -

"Your honour, a lightning bolt from Thor's hammer struck my NEW car as it lay in the dealership and remapped it" - or "it could have been my neighbour a 2 am as I slept".

Good luck winning that argument on "the balance of probabilities". Paying $50,000 to go to court with that argument lol. Yeah sure.

Much better to put the money aside to pay for any future drivetrain warranty repairs yourself.

That's not how it's done.

Claims up to 12k are handled by the Small Claims Court and that plenty to fix a bricked DME. When the dealer refuses to fix it under warranty, you get the car towed out of there and pay someone else to fix it.

Then you send the dealer a Statement of Claim for the cost of fixing it and if they don't pay, for $80 you summons the dealer to the SCC where only the claimant (car owner) and dealership representative can present their cases. Lawyers or manufacturer representatives aren't allowed in the SCC.

A consumer doesn't have a contract with BMW, they have a contract with the dealer. Unless the sales contract stipulates that re-flashing the DME voids the warranty on it, the dealer's compelled to cover it. The dealer's warranty contract with BMW or the manufacturer is irrelevant in Australia since 2011. Statutory warranty is the responsibility of the organisation the consumer holds the sales contract with.

[Ex_Stig]

I believe small claims court limits vary by state. But, I'm just an internet lawyer not an actual lawyer. 😜

[FSociety]

Bootmod3 uses your factory version unlike other platforms out there!

[Poochie]

Originally Posted by RevNev

That's not how it works in Australia. The sales contract isn't with BMW, it's with the dealer and new cars have a statutory warranty. That is; the dealer isn't exempt from providing warranty because BMW won't accept a claim. A motor dealer licence holder in Australia can't sell a car that isn't covered by warranty without a written warranty exemption agreement.

Whilst the dealer may try "I'm sorry BMW won't cover that claim", there's several consumer law and dealer licences breaches you can summons a dealership with if they refuse to fix the car.

I would love to live in your world, you apparently make the rules to suit your situation..

Do you have bonafide proof of anything you claim here or are you all talk?

Please, prove me wrong and link some evidence..

[MisterF80M3]

Originally Posted by drgmt

He would be telling a lie.

The only way to fight BMWs decision is to take them to court - how many have the funds for that ?

And if the owner decided to take BMW to court - how long do you think it would take for a lie to be uncovered?

If BMW denies the claim because they detect a flash, and you decide to take it court - that whole "brother in law flashed" lie would unravel pretty quick.

Once it is detected and you are busted - take it up the rear end and move on.

This case would be a small claims court case because it is not over $10,000.

You can't even hire a lawyer for small claims court so the cost to sue someone in small claims includes only the court cost (which may be refunded if you win the case) and the cost to serve the defendant.

[Ibiza]

Originally Posted by MisterF80M3

This case would be a small claims court case because it is not over $10,000.

You can't even hire a lawyer for small claims court so the cost to sue someone in small claims includes only the court cost (which may be refunded if you win the case) and the cost to serve the defendant.

Look at the fine print of the dealership service receipt as this is probably states "any claims are subjected to binding arbritation". Could also be worded in the release to repair presented by the SA to customer.

Remember the three defense attorney D's: deny, delay and defend. Will just drive up costs for OP as no attorney would take this mater on a contingency-- it's a contract law.

[drgmt]

Originally Posted by MisterF80M3

This case would be a small claims court case because it is not over $10,000.

You can't even hire a lawyer for small claims court so the cost to sue someone in small claims includes only the court cost (which may be refunded if you win the case) and the cost to serve the defendant.

Sorry mate was referring more in general to a case of a new engine being needed for example

[BPMSport]

Originally Posted by FSociety

Bootmod3 uses your factory version unlike other platforms out there!

I've seen a number of statements posted by you that I believe to be misleading, deceiving, or incorrect.

So, just to clarify, and so we can educate everyone here, are you referring to using the factory version when tuning the car, returning to stock, or both?

My educated guess is that your answer is both.

We have ALWAYS provided the exact stock version to customers for re-flashes to stock, so if your answer is "both", or "to stock", then you've posted something that is unequivocally incorrect.

What do you believe are the benefits and downsides of using the original version for the tune? How about benefits and downsides of using a newer version?

[drgmt]

Originally Posted by G35POPPEDMYCHERRY

lmaoo

I love when people assign their moral judgment, not knowing all the facts.

Like can someone help a brotha out?

This dude just trying to drive his car again. I don't think he want's BMW's head on the spike.

I believe a solution was provided - Get BPM to resurrect the ECU.

He'll be back on the road in no time.

[RevNev]

Originally Posted by Poochie

I would love to live in your world, you apparently make the rules to suit your situation..

Do you have bonafide proof of anything you claim here or are you all talk?

Please, prove me wrong and link some evidence..

I'm referring to Australian consumer law that was overhauled in 2011. Prior to that, the manufacturer was responsible for warranty on a new car and enabled dealers to reject warranty claims the manufacturer wouldn't cover.

Consumer law legislation in Australia since 2011 holds the dealer responsible for warranty and a dealer can no longer reject warranty claims the manufacturer won't cover and neither can they contract themselves out of warranty responsibility with the consumer. In other words if the sales contract states that warranty is covered solely at BMW's discretion, that clause contradicts consumer law and is null and void.

Who's responsible for warranty under US consumer law, the dealer or the manufacturer?

[icegrill]

Originally Posted by Poochie

What does that have to do with a franchise dealer selling a product and then the end-user deceiving the manufacture of that said product?

Are you going to blame Best Buy if you tune your Dyson vacuum they sold you and it then blows up?

I don't care morally and I do a bunch of wrong stuff myself but if I get busted, I take it like a man and don't blame anyone but myself.

It's part of being an adult.

Tune your dyson vacuum😂 Mieles only!

[daily.g82]

Hi, I just came across your post about DME bricked. I’m in similar situation now. Did you end up got new DME or did they able to fix it?

[HotRodM4]

How did BMW manage to brick the DME? 😳

These cars are solid in my experience. Hopefully the OP got this sorted out.

[StockholM3]

Originally Posted by daily.g82

Hi, I just came across your post about DME bricked. I’m in similar situation now. Did you end up got new DME or did they able to fix it?

Did you brick yours or was it BMW like in the OP from 2019?

I had mine at the dealer to replace the ceiling control unit.
After troubleshooting the technician told me they have to flash the DME to recognize the new unit and asked for an ok as he saw the car was tuned and would revert to stock if they proceed.

A tune should not cause a bricked ECU.
A faulty flash might though.
Or if the car lost power or connection during the write.