[M3 Adjuster]

Originally Posted by Dannydraws

Thanks for that link to the Magnusson Moss Warranty act. I'll be seeing them tomorrow so I will definitely print that out and show them.

I highly doubt the diff is actually failing and the tune is the cause of that error popping up. As far as other mods, the car came with the MPE as well. Nothing else from what I've been told or seen myself at this point.

Thanks for the video pz! I will watch that right now.

Thanks for all the input guys. I truly appreciate it. This definitely sucks for all parties involved, lessons learned all around. I'm really really really hoping CA Beemers cooperates and moves forward with fair intentions.

I personally think your ONLY recourse is via BMW... as the extended warranty provided by CA beemers will not cover damages that are intended to be covered by the original manufacturer warranty.


Good luck, and keep us apprised.

[ZPrime]

Originally Posted by Dannydraws

Yeah I didn't get this from an official bmw dealer. It was in fact "California Beemers". They seem to have such a good track record and reputation, so this situation is surprising. I imagine it's a pretty rare case, and I'll have to triple check all the paperwork but having a warranty on this car was one of the biggest selling points for me and was talked about extensively when buying the car. As far as proving it was tuned before in my hands, I guess all I can do is get copies of the bmw vin history and all other reports that i can.

Your first problem: you bought a Bimmer from a place that calls itself "California Beemers."

They're two drastically different things... a Beemer only has 2 wheels. Maybe 3 if there's a sidecar.

[Rupes]

I don't think I've heard anyone call a BMW a "bimmer" but I hear "beemer" used incorrectly all the time.

Doesn't make it right, but I also get why a dealership would name their company beemer over bimmer - even if they did understand the history / proper nomenclature.

Also, what a bummer (not beemer) to the OP. Hope you get it sorted out!

[Mdkcrf250r]

Originally Posted by M3 Adjuster

it sounds as if the OEM warranty is not being honored by the BMW dealer..

the private party extended warranty likely is still in effect and still valid... and of course the typical extended warranty picks up after the original OEM warranty period has expired. So.. the extended warranty really isn't in play if the original warranty would still apply.

Speaking of the original OEM warranty..

NO automobile dealer or manufacturer can void an ENTIRE vehicle warranty due to aftermarket parts being installed.

https://en.wikipedia.org/wiki/Magnus...s_Warranty_Act

also https://www.ftc.gov/enforcement/stat...provements-act

now then.... Certain PARTS of the OEM warranty can be revoked.. if damage is caused by an aftermarket part......

So... the first thing to determine is... WHAT has caused the failure?

an OEM part? or.. aftermarket work done to the vehicle... once you know the answer there.. you know how to approach the dealer..

Actually... I would approach the dealer service manager IMMEDIATELY , refer to the Magnusson Moss Warrranty act (bring a printed original copy of the document and hand it to the manager) and ask any person that works in the dealership that has advised you the " Entire vehicle warranty is voided" to be FIRED summarily, and then begin a discussion of how they feel that an aftermarket tune has caused your differential to fail.

The dealer would need to be able to prove that the failure was caused by an aftermarket part for the OEM warranty for that item to apply. In other words.. if you put an aftermarket exhaust on your car... and the engine blows up... the dealer would need to prove that the exhaust caused the motor to fail in order to not honor any warranty on the motor. All of the rest of the vehicle would STILL have coverage ... so if say.. your stereo fails... that would be still covered.


OF course... the tune IS the only mod to your vehicle right? you aren't holding back any other details on mods are you?

Some of this is good advice. And some of it is terrible advice. Speak with the service manager. Keep your cool. Getting loud or rude or suggesting people get fired is a great way to find yourself looking for another dealer. The dealers themselves don’t flag vins. The bmw service area reps drop by the dealerships and if they happen to see certain mods (ie piggyback tunes) they will flag the vin. Your entire warranty is not void but things that could be damaged as a result (especially by a tune) may not be covered. The issue needs to be diagnosed so you’ll be asked to approve diagnosis and then once a cause of failure has been determined the service advisor can reach out to the bmw area manager and ask for approval on the coverage.

[Who?]

ouch

as others have said, keep your cool and let the seller deal with it, do insist the job gets done at BMW though

[McPurrs]

Just throwing out there that the diff is electronically controlled, and they will likely say the tune modified the control, activating it when it shouldn't have, causing damage. No I don't believe the shit I just wrote, but they can stand on it which sucks.

[boostm3]

While technically, it has to be demonstrated that your aftermarket part specifically damaged the portion of the vehicle that is being claimed, it gets very tricky with tunes.. It can be, and often is, claimed by the company that, because a tune will affect a whole slew of parts, major portions of the vehicle are put under stresses that were not engineered for with the stock software. Higher boost can be held responsible for stressing many components in the drive train and elsewhere. More power than the vendor intended can and will do the same.. And, because it can be shown that the vendor's proprietary software has been altered or replaced (hacked), it can become very problematic for the customer to claim their right to warranty service under the original factory warranty.

[XutvJet]

How long ago did you buy this car?

[M3 Adjuster]

Originally Posted by Mdkcrf250r

Some of this is good advice. And some of it is terrible advice. Speak with the service manager. Keep your cool. Getting loud or rude or suggesting people get fired is a great way to find yourself looking for another dealer. The dealers themselves don't flag vins. The bmw service area reps drop by the dealerships and if they happen to see certain mods (ie piggyback tunes) they will flag the vin. Your entire warranty is not void but things that could be damaged as a result (especially by a tune) may not be covered. The issue needs to be diagnosed so you'll be asked to approve diagnosis and then once a cause of failure has been determined the service advisor can reach out to the bmw area manager and ask for approval on the coverage.

I never said to not keep cool.

And absolutely I would Demand that any employee that doesn't know their job be fired.

No BMW dealer should employ anyone that doesn't know FEDERAL law.

[Dannydraws]

Hahaha yeah, I admit seeing "beemers" in their name threw me off at first, but I didn't think anything of it. Some people just have bad taste, doesn't make them a shit company yunno? Anyways, this is just a frustrating yet rare situation, no ones fault really. I will definitely keep my cool, especially since I've put so much god damn thought into this. And at the same time I have no problem bringin' the HEAT.

@XutvJet, I bought this car mid January.

[XutvJet]

Originally Posted by M3 Adjuster

I never said to not keep cool.

And absolutely I would Demand that any employee that doesn't know their job be fired.

No BMW dealer should employ anyone that doesn't know FEDERAL law.

You can argue with BMW all you want about the MMA and them denying warranty coverage. They're likely not going to budge and if you want to take to legal action, they've got a huge legal team. You're just a little guy and will need to hire an expensive lawyer. The automakers know this. The MMA is designed to SOLELY cover the usage of aftermarket replacement parts that meet OEM specifications without the worry of denied warranty coverage from the automaker. The MMA is not intended nor designed to cover the installation of ANY part that increases the performance of the car, parts such as these do meet OEM specifications. That's a fact. In this case, BMW can definitely and easily argue that increased power likely resulted in the failing E-diff or any component directly attached to the powertrain.

Assuming the OP is completely telling the truth here and hasn't modded the car himself, then his issue is with the dealer that sold him the car. He should simply ask to return the car and get a refund. That should be course of action. There's no need to get a lawyer involved at this point, but he should present all the information in a clear, to the point, and level-headed manner and at the end, tell the dealer what he wants and that he'd prefer not taking legal action to arrive at the same conclusion. The dealer will likely take the car back (probably prorated a bit for usage by the OP) and then they'll sell it again or sell it at auction. The dealer will likely know they screwed up and know they wouldn't win if it went to court and that the OP could sue for legal fees and damages as well.

[omasou]

They want $4K to install a $3K part? That's one heck of an hourly rate. And will they warranty the work now that the tune has been removed?

https://www.getbmwparts.com/oem-part...19-33108090480

[chmura]

The original poster needs to go to BMW and get a print out of when his VIN was flagged. If the VIN was flagged BEFORE his M2 purchase he should go to the dealer in Costa Mesa and talk to them for the repair.

If all else fails buy the part online and have a mechanic change it. I bet it takes no more than 3 hours to change the diff.

[omasou]

Don't forget to get the core charge money.

[GMWNashville]

You bought a car from a private car lot who said the car had the factory warranty...though I'm not sure how they actually would know that without contacting the dealer first-who likely would have told them the VIN is flagged. Your only real recourse here other than consulting with a lawyer is to contact where you got the car from and tell them the situation and have them probably reimburse you for the warranty assuming you have some sort of paperwork stating the car had its factory warranty and they verified said warranty prior to the sale. I would certainly discuss this with them prior to speaking with a lawyer but I know here in TN you would have likely signed an AS/IS statement with the sale which I think would get them out of any liability there.

[nomade30]

Here’s what happened. You bought a car from a private dealership, it was already tuned. You took it into BMW and at that point they detected the tune (it can be done very easily by the service tools, no need to datalog, and service techs don’t get an option to report it or not it’s all automatic). The only research that could have found this was taking the car to get a PPI at a real BMW dealer.

The warranty is not void for the whole car, they must provide proof that the tune damaged any part. And I can tell you now, that diff can hold way more than what a tuned n55 can put out. Diff locking parameters are not part of the ECU calibration.

[boostm3]

Originally Posted by nomade30

Here’s what happened. You bought a car from a private dealership, it was already tuned. You took it into BMW and at that point they detected the tune (it can be done very easily by the service tools, no need to datalog, and service techs don’t get an option to report it or not it’s all automatic). The only research that could have found this was taking the car to get a PPI at a real BMW dealer.

The warranty is not void for the whole car, they must provide proof that the tune damaged any part. And I can tell you now, that diff can hold way more than what a tuned n55 can put out. Diff locking parameters are not part of the ECU calibration.

http://f87.bimmerpost.com/forums/sho...8&postcount=29

[Rupes]

Originally Posted by nomade30

Here's what happened. You bought a car from a private dealership, it was already tuned. You took it into BMW and at that point they detected the tune (it can be done very easily by the service tools, no need to datalog, and service techs don't get an option to report it or not it's all automatic).

Can the dealer tell the date a car had modifications to the ECU? Would be a way to prove the OP didn't do this himself.

[Poochie]

Sorry to hear your story but this is why I stretch my budget and always buy a new car or none at all.. My first car was a fairly new Acura RSX Type S which I blinding bought and put my faith in because it was CPO and had a squeaky clean Carfax report..

Fast forward 3 months in, the backend started making a 'creaking' noise, I didn't think much of it until I took it a local bodyshop.. Come find out the whole backend and quarter panel was cut and replaced and now the MIG welding seams was coming apart.

I threaten Acura to go the local channel 7 news with my grievances and they finally budge and fix the problem. It took over 6 weeks but they gave me a brand new Acura TL to drive around in, so it was all good.. The Carfax is still clean, up to this day.. However, the accident only showed up on something called a "CLUE" report, which is a record of accident claims and payouts..

Long story longer, maybe you could threaten the dealer you bought the vehicle from with a little bad publicity.. If they actually care about their reputation, this might motivate them to do the right and refund you for the vehicle.. I would not want a car after I knew someone went as far to tune it, regardless of the discount or valid warranty.. Good luck!

[boostm3]

Originally Posted by Rupes

Can the dealer tell the date a car had modifications to the ECU? Would be a way to prove the OP didn't do this himself.

Should be able to.

[omasou]

Originally Posted by Poochie

...

The Carfax is still clean, up to this day.. However, the accident only showed up on something called a "CLUE" report, which is a record of accident claims and payouts..

...

People put to much faith in Carfax. So much doesn't show up on it.

[champignon]

Originally Posted by omasou

People put to much faith in Carfax. So much doesn't show up on it.

I find it more useful for rejecting a car purchase than for encouragement to buy one. You can find out where the car was owned, which might make you wary of road salt corrosion, for example. If accident(s) have been reported, that is good information to have. If the vehicle has titling issues, that's also good to know.

With any used car, I always buy the seller first, and the car, second.