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      05-26-2010, 11:31 AM   #13
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Quote:
Originally Posted by JimD View Post
The reference to Magnusson-Moss is interesting. I googled it and it is potentially usefull from at least a couple standpoints. First, it prohibits disavowing the implied warranty of merchantability. For a car, this means that regardless of what else the manufacturer says, they have warranted that if they sell you a car, it is fit to be used as a car. So if it doesn't run, it would seem to violate this warranty. If the radio didn't work, it probably still violates but you might get an argument.

Another useful thing about this federal law is the linkage it makes to a manufacturer trying to demand you use their parts and tie-in sales. Tie-in sales, requiring you to buy something else to be able to buy what you want, are generally illegal in the U. S.. Magnusson-Moss specifically states that a manufacturers attempt to disavow an express warranty on the basis that you put parts in other than from them represents a tie-in sale and is illegal. They can only do this if they can prove that their parts are the only ones that will work.

I would not think Magnusson-Moss covers a denial of a warranty claim for damage to a piston from the over-boost of a performance chip but I think it would prevent BMW from refusing to do any work on the car because it has a performance chip. I think they would be required to do the work but could charge you for it if they could show that the damage was from the chip.

Jim
Now YOU have the right idea! Don't let them take you for fools at the dealerships - know your rights!
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