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      08-06-2012, 04:10 PM   #55
FogCityM3
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Drives: M3 (E90)
Join Date: Feb 2012
Location: San Francisco

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Sorry to hear that; would think that because you had brought up the issue (with numerous tell-tale warning signs) and the dealer failed to identify the problem at the time the concerns were raised, don't think it should matter whether there was an overrev in the past or not. Had the issue been properly identified by the dealer, the differential would have not ended up being damaged any further and you would have maybe been liable for having the bolt/bushings replaced. Seems like the burden of proof of "negligence" is actually on the dealer since they gave the "all clear" signal despite your repeated concerns (and there was no evidence of 'abuse' from the time you brought up the noises with the dealer and they had the opportunity to rectify). Very weak excuse in my view.