This is exactly how I understood it as well. If you modify your suspension system and your engine blows, they can't say "You voided your warranty". They have to prove that the modification caused the failure.

Also, I don't believe they have the legal authority to void your entire warranty. They CAN, if they can prove that the modification caused the failure, not cover that repair under warranty but, that doesn't mean your car no long has any warranty at all.

I've done several modifications to my audio/navigation system. I have NOT done anything under the hood because I know that's where the expensive repairs lie. If the computer that controls my folding hard-top fails, I expect Lexus to fix it...I've never touched any part of that system. However, if I blow up my stereo head-unit because I was farting around with it...yup, that's my bad and I'll open up my wallet. But, that doesn't mean my engine no longer has a warranty.

Before too much flaming begins....let me be clear...I'm NOT a lawyer. The above represents how understand the law to be. I have not searched for and read the entire Magnussen-Moss Act (don't have that kind of time and, it's not that important to me).

 

There was a situation where the owner of a chipped car was going in to have his fuel pump replaced by BMW recall. And when he got there they found evidence of tuning and so they stripped his warranty and refused to give him the recall.

 

Well they are a company and they are in it for the profits... simple as that... 50k is not much for a car these days... they are not penalizing people for tuning their car, they are making tuners responsible for their actions and trying to catch people who go behind their backs... i believe there was a post here that like 70% of bmws are leased... well they are basically damaging a car for the next person to use with epu chips and whatnot which will be costing BMW much more money if they are to certify the car with extended warranities

 

Interesting point... So If one was to lease a BMW and mod it with a ECU chip, what would happen upon the end of lease term if BMW finds out? Will the next buyer of the car have warranty or its void for all future owners? And will the orininal leaser pay a fine?

 

ive been following up on that....i wanted to get a 335i convertible and i wanted to tune the turbos....but with bmw cracking down, might have to consider a s4 convertible instead.

 

It can only tell if you re-flash you computer. Nothing else.

 

A couple things.
1. Yes by law they have to PROVE your part is what was the problem but guess what, they will void it ANYWAY as most owners will not pursue the legal/court action. And if you do, it will be voided until you win that case.
2. People do need to understand that BMW has Dinan as their official tuner if you want a warrenty. Lexus now has F-sport (had L-tuned),not Toms for instance.
3. If you mod your car, unless you have a good relationship with your dealer, they will scrutinize your car and place blame on the parts.
4. Dealers do not want to pay for anything they think they did not do. Also understand BMW again has free maintenance so they LOVE to have the opportunity to place blame on a modded part as it gives them much needed business outside of the covered warrenty.
5. BMW should step in. BMW is supposedly the "enthusiast" luxury brand and more and more they are stepping away from that. Electronic this and that. Americans had to cry foul to get a manual M5 (where you still can't deactivate the trac control). Heavier cars and the steering is no longer just an automatic win.


This is similar to Mitsubishi when people were modding EVOs and they were voiding warranties left and right. We had a thread on that too!

 

that person that F=MA is referring to also told his Service guy what was in his car under the belief that they would find out. He was shocked to find out they didn't support his modifications.

 

Let me clear it up a little. I read in an earlier post that dealers had to prove your mod caused whatever trouble your having. One or two mods shouldn't void your whole warrenty.

I agree that chipping cars and doing major mods like turbos and crap should void your warrenty, but if I want to put a K&N filter or a better sounding exhaust on my car it shouldn't void my whole warrenty.

 

I wasn't referring to old data. That's what the Act was intended to cover. And modding was as popular in 1972 as it is today, although, granted, you didn't have organizations like SEMA back then.

And something else you have to take into account is that in the 1970's, it wasn't as long-range an issue as today. The average manufacturer OEM warranty was one to two years. Today some manufacturers go as long as 10/100.

 

See my answer to ST above.

Your statement is indeed correct, but that was not what I was referring to. I was referring to aftermarket items that meet OEM specs. That is what the M-M Act allows, not stuff like computer chips that reprogram the engine or transmission.

But, in a case like you mention, where brakes fail with a revised computer chip, yes, you are correct.....it would be difficult for a manufacturer to claim that the chip caused it. They would most likely end up giving you new brakes....but that has nothing to do with the M-M Act.

http://www.free-lemon-law-guide.com/...n-moss-act.php

 

As to what the OP 1st said, It would be interesting to know what BMW did to the new ECU and how they can add a program to the old 1 to catch mods, I could see the new one having some sort of hard drive or black box to record any behavior outside of what BMW programed the car for, but the older ECU with a program update, I wonder if anyone with a 335 has noticed a new piece of hardware under the hood

This also seems like it was just a matter of time, countless threads on BMW forums have owners putting mods on cars, leading to odd noises and not running right so they take them to the dealer, with the internet and the obvious they probably realized what was happening.

BMW is the car for enthusiast but where do you draw the line, go to any car forum and everyone wants to know if I should remove my intake before I take it to the dealer, BMW is a little more extreme, nothings change but it's just harder to hide your mistake.

BMW new slogan should be "Don't hate the Player, Hate the Game"

 

Being a former Evo owner / tuner, there are ways to circumvent around detection, but that's for another thread. I knew the from the moment I cracked open the ECU code on my old Evo that I voided the warranty and didn't make any qualms about it. It looks more and more like cheap Bimmer whiners to me then anything else. Gawd, if you can afford a luxury car, please afford to pay for it with the proper mods (Dinan, etc.) and the responsibilty that comes with it...

 

FYI - My first of 2 Supra TTs back then had a turbo failure after i put on a legitmate TRD exhaust part. Toyota could of questioned that part A affected part B, but then they would have to prove it in court. They did their due diligence and determined it was a premature bearing failure and they were at fault and replaced it w/o incurring any costs to me. The interpretation of the MM-Act is wide ranging and does not go into specifics, but the "spirit" of it includes any aftermarket parts period.

 

thats what you get for buying a BMW