Sounds like a question for your lawyer. You will get the full range of answers here from "too bad, buyer beware" to "sue the dealer"...
I honestly don't know! But for those of us outside Ohio, I assume Echeck is an emissions test that you cannot pass. Is this due to exhaust modifications/removal of the cats? If so, might want to try and buy some used equipment and return the cats to OEM spec to pass the test. Keep it for future tests if needed....
2011 Space Grey E90 M3, DCT, Comp. Pkg.
1997 Z3 2.8, Artic Silver, Tanin Red interior, MT
1974 2002tii, Inka, MT