Quote:
Originally Posted by RPM90
Mark, can you explain clearly why your warranty is void?
You've evaded the question for some reason.
If it's because there may be people watching this board, then it's understandable.
As far as some people who keep bringing up Mag Moss, many people have a near complete lack of understanding what that act protects, and does not protect.
The Mag Moss is a federal act, so it's not dependent on state laws.
There are state laws that vary with lemon law, but Mag Moss is a federal act.
The act does not protect an owner if the owner knowingly violated his warranty. In particular, an owner is NOT allowed to modify basic engine function and operation. If one does that, the manufacturer absolutely can deny warranty, and MagMoss can't help with that. It's not like a warranty was denied because an owner used an aftermarket air filter.
If that were the case, then yes indeed MagMoss can be applied.
In your situation, it's not clear why your warranty was denied.
The tune wasn't on your car when you took it in, so it's not clear what happened.
If it is because of a tune, then you did violate your warranty.
However, if you can prove that the failed part is a known issue, you may be able to use that and discuss the situation with BMWNA.
It can't hurt to try, but only if you know why your warranty is void.
Good luck.
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And depending on the state....the burden of proof may lie on the dealership or the car owner.
