buyers rights?

socialdfan · 05-06-2013, 06:18 PM

I'm a new owner of a 2009 M3 super charged and full exhaust. Prior to purchase I was informed the car was tuned to run on 93 and meth. I was ok with this. However after purchase I spoke with the builder and learned it is 100 octane tune...

My next issue is that the ODB will not cycle a few codes and I cannot pass Ohio Echeck. So I have an unusable vehicle for the time being.

So my question is the dealer responsible in any part ? I was misinformed on the true octane requirements and not informed the vehicle will not pass Echeck. Thoughts?

kscarrol · 05-06-2013, 06:26 PM

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....

socialdfan · 05-06-2013, 06:28 PM

I figured I would start here but yes I will speak with a lawyer.

Dkhan23 · 05-06-2013, 06:32 PM

Meth, Eh

mjposner · 05-07-2013, 06:09 AM

Did you get it in writing or was it advertised that way?

mdosu · 05-07-2013, 09:12 AM

uh..that's quite a problem. there's not resolution the tuner can do to get your car to pass the check?

socialdfan · 05-07-2013, 10:30 AM

I am in Ohio and the original tuner/builder is not...I am in contact with them to see what can be done.

It just seems that the dealer has a responsibility to advise the car cannot accept standard fuel and that it will not pass the Echeck. If I had known either I would have passed. The dealer is a high volume high end provider...

The spread sheet detailing the "mods" indicates neither.

bga23 · 05-07-2013, 12:16 PM

Caveat emptor

ersin · 05-07-2013, 01:09 PM

Quote:

Originally Posted by socialdfan

It just seems that the dealer has a responsibility to advise the car cannot accept standard fuel and that it will not pass the Echeck. If I had known either I would have passed. The dealer is a high volume high end provider...

The spread sheet detailing the "mods" indicates neither.

I think you're right. At least in Maryland, a dealer cannot sell a car that doesn't meet emissions tests. But Ohio may be different. Better check with a lawyer to be safe.

Cheers.

bga23 · 05-07-2013, 01:26 PM

Quote:

Originally Posted by ersin

I think you're right. At least in Maryland, a dealer cannot sell a car that doesn't meet emissions tests. But Ohio may be different. Better check with a lawyer to be safe.

Cheers.

Suspect you'd need to prove dealer was aware of this and withheld said info.

Has OP contact dealer? That should be his first call, not to a lawyer.

socialdfan · 05-07-2013, 04:08 PM

Not claiming they withheld...

Arben72 · 05-07-2013, 07:53 PM

I'm guessing it depends on the state the dealer is in. Really is a thing left for a lawyer.

JD3 · 05-07-2013, 08:50 PM

Thats a quandry. What brand of s/c is it? Perhaps contact them as they usually do the tunes too. Im in Ohio and have never had to worry about any emissions, ever.

Ezio · 05-08-2013, 03:47 AM

Thats so dumb to have a car tuned for 100 octane. unless you are racing or tracking LOL. and the people i know who run this have different maps ( tunes ) saved on a computer to switch to. Can you get it tuned for 93?

socialdfan · 05-08-2013, 08:51 AM

The dealer made it clear the tune was 93. I did not speak with the orignal builder until after purchase to talk about the next upgrades. This is when he clearly told me it is a 100 octane tune, was special for the previous owner, and that he did speak to someone at the dealer and explained it was 100. He stated it was critical to explain this to any buyer...

Then the Echeck issues. Here are the codes.

V_Ready_Oxy 4

V_Ready_ Evap 4

V_Ready_ Cat 4

These need to read a 1 or 2 in order to pass.

I have contacted a lawyer and am waiting to hear. I love the car too...I went and purchased a nice street car and was sold a race car.

Thanks for the input guys. It is appreciated.

bga23 · 05-08-2013, 10:15 AM

Quote:

Originally Posted by socialdfan

The dealer made it clear the tune was 93.

Do you have this in writing? And what did dealer say when you confronted him?

i001947 · 05-08-2013, 11:50 AM

It's time to call your lawyer for that free consultation.

05-06-2013, 06:18 PM	#1
socialdfan New Member 0 Rep 12 Posts Drives: 2009 BMW M3 Gintani SC 2+ Join Date: Mar 2013 Location: Cleveland, Ohio iTrader: (0)	buyers rights? I'm a new owner of a 2009 M3 super charged and full exhaust. Prior to purchase I was informed the car was tuned to run on 93 and meth. I was ok with this. However after purchase I spoke with the builder and learned it is 100 octane tune... My next issue is that the ODB will not cycle a few codes and I cannot pass Ohio Echeck. So I have an unusable vehicle for the time being. So my question is the dealer responsible in any part ? I was misinformed on the true octane requirements and not informed the vehicle will not pass Echeck. Thoughts?
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05-06-2013, 06:26 PM	#2
kscarrol Brigadier General 8890 Rep 4,107 Posts Drives: 2021 X3 M40i, 1974 2002 Tii Join Date: Jun 2010 Location: Greenville, SC iTrader: (0)	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.... __________________ 2021 X3 M40i 1974 2002tii, Inka, 5 sp manual BMWCCA # 327475
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05-06-2013, 06:28 PM	#3
socialdfan New Member 0 Rep 12 Posts Drives: 2009 BMW M3 Gintani SC 2+ Join Date: Mar 2013 Location: Cleveland, Ohio iTrader: (0)	I figured I would start here but yes I will speak with a lawyer.
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05-06-2013, 06:32 PM	#4
Dkhan23 Banned 70 Rep 359 Posts Drives: BMW Join Date: Jan 2013 Location: Canada/USA iTrader: (0)	Meth, Eh
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05-07-2013, 06:09 AM	#5
mjposner Brigadier General 898 Rep 3,071 Posts Drives: 2020 Z4 40i Join Date: Mar 2011 Location: Southwest Florida iTrader: (3)	Did you get it in writing or was it advertised that way? __________________ Previous BMW: 16 M4, 13 M6; 14 M235i, 12 BMW M3; 11 BMW M3; 08 BMW M3; 08 BMW Z4M; 04 X3; 02 M3 Convertible; 02 M3; 00 M Roadster; 94 325 convertible; 92 325i Convertible; and 85 635csi My Car Photo Blog: http://carfisheye.blogspot.com/
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05-07-2013, 09:12 AM	#6
mdosu Banned 314 Rep 8,496 Posts Drives: Double Vanos'd Civic-M3 Join Date: Oct 2009 Location: San Francisco iTrader: (6)	uh..that's quite a problem. there's not resolution the tuner can do to get your car to pass the check?
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05-07-2013, 10:30 AM	#7
socialdfan New Member 0 Rep 12 Posts Drives: 2009 BMW M3 Gintani SC 2+ Join Date: Mar 2013 Location: Cleveland, Ohio iTrader: (0)	I am in Ohio and the original tuner/builder is not...I am in contact with them to see what can be done. It just seems that the dealer has a responsibility to advise the car cannot accept standard fuel and that it will not pass the Echeck. If I had known either I would have passed. The dealer is a high volume high end provider... The spread sheet detailing the "mods" indicates neither.
	Appreciate 0 Quote

05-07-2013, 12:16 PM	#8
bga23 Dirty old man 59 Rep 493 Posts Drives: 2021 718 Cayman GTS 4.0 Join Date: Jun 2012 Location: Nashville, TN iTrader: (0)	Caveat emptor
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05-07-2013, 04:08 PM	#11
socialdfan New Member 0 Rep 12 Posts Drives: 2009 BMW M3 Gintani SC 2+ Join Date: Mar 2013 Location: Cleveland, Ohio iTrader: (0)	Not claiming they withheld...
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05-07-2013, 07:53 PM	#12
Arben72 Banned 50 Rep 462 Posts Drives: E92 M3 Join Date: Apr 2011 Location: Illinois iTrader: (0)	I'm guessing it depends on the state the dealer is in. Really is a thing left for a lawyer.
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05-07-2013, 08:50 PM	#13
JD3 Major 194 Rep 1,229 Posts Drives: 09 e92 M3, DCT. Join Date: Apr 2010 Location: Columbus, OH iTrader: (3)	Thats a quandry. What brand of s/c is it? Perhaps contact them as they usually do the tunes too. Im in Ohio and have never had to worry about any emissions, ever.
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05-08-2013, 03:47 AM	#14
Ezio Brigadier General 380 Rep 3,934 Posts Drives: 2023 Alfa Romeo, 2023 m240i Join Date: Nov 2012 Location: MI iTrader: (0)	Thats so dumb to have a car tuned for 100 octane. unless you are racing or tracking LOL. and the people i know who run this have different maps ( tunes ) saved on a computer to switch to. Can you get it tuned for 93?
	Appreciate 0 Quote

05-08-2013, 08:51 AM	#15
socialdfan New Member 0 Rep 12 Posts Drives: 2009 BMW M3 Gintani SC 2+ Join Date: Mar 2013 Location: Cleveland, Ohio iTrader: (0)	The dealer made it clear the tune was 93. I did not speak with the orignal builder until after purchase to talk about the next upgrades. This is when he clearly told me it is a 100 octane tune, was special for the previous owner, and that he did speak to someone at the dealer and explained it was 100. He stated it was critical to explain this to any buyer... Then the Echeck issues. Here are the codes. V_Ready_Oxy 4 V_Ready_ Evap 4 V_Ready_ Cat 4 These need to read a 1 or 2 in order to pass. I have contacted a lawyer and am waiting to hear. I love the car too...I went and purchased a nice street car and was sold a race car. Thanks for the input guys. It is appreciated.
	Appreciate 0 Quote

05-08-2013, 11:50 AM	#17
i001947 Captain 26 Rep 688 Posts Drives: '13 E92 M3 Join Date: Jan 2013 Location: US iTrader: (0)	It's time to call your lawyer for that free consultation.
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