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      10-23-2015, 06:18 AM   #11
pbonsalb
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Drives: 18 F90 M5, 99 E36 M3 Turbo
Join Date: Feb 2011
Location: New England

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Since the dealer is giving you a hard time and you may have to threaten the dealer with litigation, you should have the DME independently examined. The dealer has admitted to abuse by the previous owner, and should not have leased the car or sold it with a warranty. This is something it could and should have known at the time of lease. Having someone like Mike Benvo read the DME for the abuse would show the mileage at which it occurred and whether it was prior to your ownership. If it was, you are in the clear. As for the exhaust and tune, the dealer was aware. The dealer even recommended the tune. A dealer recommending something should tell you that following its recommendation would void your warranty if that was the case.

A good lawyer would have fun with this case at trial, but trial would cost more than this case is worth and you do not typically recover your legal fees if you win. It is worth getting the ECU data and putting your statement in writing to the dealer so the dealer knows you know the facts.
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