BMW is a fraud

boosted TreTre · 09-20-2011, 08:21 AM

SO i bought my 2009 335i in may. I bought the car in tennesse and it came with a cpo and they told me everything was perfect with the car. O where they wrong about everything went wrong with it. Now in fourth fifth and sixth gears around three thousand rpms the car starts bucking. So i bring it to bmw of hunterdon about 5 times and they never fix it. Finally I get an engineer from bmw to look at the car and they tell me theres a tune on my car and its in the off setting. Then they proceed to tell me this car should have never been certified and they want to take it away. Is there anyway where I can track at what time period the tune was put on. BMW is a fraud selling me a modded car and telling me then that now they dont want to certify it. Need some advice on how to go about my next step?

tpipta · 09-20-2011, 08:24 AM

Sounds to me like it's a fuel related issue (regardless of a tune or not). And if it's a physical hardware tune, there's no way to trace it.

matrix76 · 09-20-2011, 08:33 AM

Quote:

Originally Posted by jamato998

"they want to take it away"

What do you mean, are they replacing it, refund?

D.B.S · 09-20-2011, 08:37 AM

they want to remove the CPO warranty... If they take it (the warranty away) they need to refund you the price of the warranty.

It's not your fault they sold you a tuned 335, it's their fault for not flashing the car, or performing necessary updates to the ECU/DME...

boosted TreTre · 09-20-2011, 08:41 AM

Literally they sent me pics and theres an Active Autowerke tune. They said that they cant touch the car until the tune taken off. I dont understand how they certify a car with a tune clearly there. It even has a on and off button.

Kevin@AKMotorwerk · 09-20-2011, 08:51 AM

we've seen quite a few instances like this where customers buy a cpo 3 series and it has a jb1 or jb+ ect installed on it, they don't do crap to check the car when they take it in

boosted TreTre · 09-20-2011, 09:18 AM

But they told me that this was causing the car to buck, i dont understand how a tune thats shut off is causing a problem, it is back to its stock map

matrix76 · 09-20-2011, 09:18 AM

Are they willing to just take the car back knowing that the mistake is their's or have you not pressed the issue yet.

D.B.S · 09-20-2011, 09:48 AM

What I think people are failing to realize is that the OP bought the car in Tennessee... The Failing is with the dealership in Tennessee, not the dealer here in Jersey... The Dealer in Jersey wants to revoke his warranty because the dealer down south screwed the pooch...

MDyDinanM · 09-20-2011, 09:50 AM

take the car back and demand full refund due to fraudulent sales practice, since they sold you a car that obviously wasn't what was advertised. If not, then lawyer up.

Kiemyster · 09-20-2011, 10:03 AM

Quote:

Originally Posted by mdyaman

take the car back and demand full refund due to fraudulent sales practice, since they sold you a car that obviously wasn't what was advertised. If not, then lawyer up.

This

nusevad · 09-20-2011, 10:27 AM

goes to show you how much is checked before it is "CPO'd"

Lowkey335 · 09-20-2011, 10:30 AM

Wow I guess this really does happen. You should definitely bring this car back to original dealer with all info from Hunterdon then demand a full refund. They are going to say you put the AA tune on your car. Lawyer up my good man.

08Bwags · 09-20-2011, 10:37 AM

Quote:

Originally Posted by mdyaman

take the car back and demand full refund due to fraudulent sales practice, since they sold you a car that obviously wasn't what was advertised. If not, then lawyer up.

Yup, I would do this.

Sometimes I wonder if I'm in the same boat as you...bought mine from the dealer used and it wouldn't surprise me if they "had no idea" a tune was on the car. Good luck I'm interested to hear how you make out in the end.

NYCGP · 09-20-2011, 10:44 AM

Congrats on the Free Tune OP!!

boosted TreTre · 09-20-2011, 11:12 AM

hahahah i wish i knew i had the tune on the car the whole time.... Once i figure all this out ill post the results.... and maybe a aa tune will be for sale lol

E46toE90 · 09-20-2011, 01:06 PM

Call BMWNa

hemi to e90 · 09-20-2011, 06:58 PM

1. if you take it out is the issue still present?

2. they cant "take it away" or deny any warranty work unless they prove that the mod is causing the issue. and only then only on the affected parts.

3. this CPO proves that CPO isnt worth all that much

Express · 09-20-2011, 07:05 PM

why not turn the tune ON?

Easternedge · 09-20-2011, 07:07 PM

Its seems as if they are giving you a chance to take it out and bring it back... The bigger fuss you make about the TUNE, CPO, Etc. the deeper your digging your self! Take it out, then bring to another dealer if need be.

Dealers are not dumb, and most have law suits up the a$$, nothing ends up happening!

09-20-2011, 08:21 AM	#1
boosted TreTre Catch Me If You Can 8 Rep 80 Posts Drives: e92 Join Date: Apr 2010 Location: dirty iTrader: (0)	BMW is a fraud SO i bought my 2009 335i in may. I bought the car in tennesse and it came with a cpo and they told me everything was perfect with the car. O where they wrong about everything went wrong with it. Now in fourth fifth and sixth gears around three thousand rpms the car starts bucking. So i bring it to bmw of hunterdon about 5 times and they never fix it. Finally I get an engineer from bmw to look at the car and they tell me theres a tune on my car and its in the off setting. Then they proceed to tell me this car should have never been certified and they want to take it away. Is there anyway where I can track at what time period the tune was put on. BMW is a fraud selling me a modded car and telling me then that now they dont want to certify it. Need some advice on how to go about my next step? Attached Images Last edited by boosted TreTre; 09-26-2011 at 11:29 PM..
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09-20-2011, 08:24 AM	#2
tpipta First Lieutenant 24 Rep 318 Posts Drives: F15 X5 Join Date: Apr 2008 Location: Annapolis, MD iTrader: (0)	Sounds to me like it's a fuel related issue (regardless of a tune or not). And if it's a physical hardware tune, there's no way to trace it. __________________ 2008 AW 335i (Lemon), 2009 AW 335i (Round 2 w/ Basic Mods), 2011 BSM 335i LCI MSport (Sucked), 2010 PW MINI Cooper S Hatchback, 2014 AW M235i, 2017 X5
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09-20-2011, 08:37 AM	#4
D.B.S Lieutenant Colonel 30 Rep 1,748 Posts Drives: '11 X5 35i / '13 S5 Join Date: Jun 2009 Location: Deployed to Kuwait iTrader: (2)	they want to remove the CPO warranty... If they take it (the warranty away) they need to refund you the price of the warranty. It's not your fault they sold you a tuned 335, it's their fault for not flashing the car, or performing necessary updates to the ECU/DME... __________________ BMW X5 35i: Boopie Exhaust & Intercooler, K&N Drop in Filter, JB3 (3+ psi) 2013 Dodge Challenger R/T: CAI, Catch Can, Custom Exhaust, Headers, 87MM Throttle Body, Diablo Custom 93 OCT Tune
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09-20-2011, 08:41 AM	#5
boosted TreTre Catch Me If You Can 8 Rep 80 Posts Drives: e92 Join Date: Apr 2010 Location: dirty iTrader: (0)	Literally they sent me pics and theres an Active Autowerke tune. They said that they cant touch the car until the tune taken off. I dont understand how they certify a car with a tune clearly there. It even has a on and off button.
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09-20-2011, 08:51 AM	#6
Kevin@AKMotorwerk General 290 Rep 28,154 Posts Drives: THE GUY YOU LOVE TO HATE Join Date: Mar 2009 Location: hillsborough, nj iTrader: (1)	we've seen quite a few instances like this where customers buy a cpo 3 series and it has a jb1 or jb+ ect installed on it, they don't do crap to check the car when they take it in
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09-20-2011, 09:18 AM	#7
boosted TreTre Catch Me If You Can 8 Rep 80 Posts Drives: e92 Join Date: Apr 2010 Location: dirty iTrader: (0)	But they told me that this was causing the car to buck, i dont understand how a tune thats shut off is causing a problem, it is back to its stock map
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09-20-2011, 09:18 AM	#8
matrix76 Major 61 Rep 1,300 Posts Drives: 2020 Z4 M40i Black/Red Join Date: Sep 2009 Location: Port Dover, Ontario iTrader: (1)	Are they willing to just take the car back knowing that the mistake is their's or have you not pressed the issue yet. __________________ Brian Black Sapphire, Black w/Burrwood Trim & Shifter, 162's, Mtec H8 AE's, DS1 HID 6000K Last edited by matrix76; 09-20-2011 at 09:24 PM..
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09-20-2011, 09:48 AM	#9
D.B.S Lieutenant Colonel 30 Rep 1,748 Posts Drives: '11 X5 35i / '13 S5 Join Date: Jun 2009 Location: Deployed to Kuwait iTrader: (2)	What I think people are failing to realize is that the OP bought the car in Tennessee... The Failing is with the dealership in Tennessee, not the dealer here in Jersey... The Dealer in Jersey wants to revoke his warranty because the dealer down south screwed the pooch... __________________ BMW X5 35i: Boopie Exhaust & Intercooler, K&N Drop in Filter, JB3 (3+ psi) 2013 Dodge Challenger R/T: CAI, Catch Can, Custom Exhaust, Headers, 87MM Throttle Body, Diablo Custom 93 OCT Tune
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09-20-2011, 09:50 AM	#10
MDyDinanM OIF Veteran 246 Rep 2,106 Posts Drives: ///M Join Date: Oct 2009 Location: East Coast iTrader: (0) Garage List 2008 BMW M5 [6.88]	take the car back and demand full refund due to fraudulent sales practice, since they sold you a car that obviously wasn't what was advertised. If not, then lawyer up. __________________ Retired: '06 BMW E46 ///M3 Current: '08 BMW E60 DINAN ///M5, Interlagos Blue, SMG DINAN Stage 2 Suspension, Exhaust, Stage III Software, Front strut braces, Intakes, 13% Underdrive pulley, 3.91 Differential, RPI Scoops.
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09-20-2011, 10:27 AM	#12
nusevad O! So Sour!! 552 Rep 15,615 Posts Drives: Fast 240z / Slow M3 Join Date: Apr 2007 Location: 'Merica! iTrader: (24) Garage List 1971 Datsun 240z [0.00] 2008 M3 [9.60]	goes to show you how much is checked before it is "CPO'd" __________________
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09-20-2011, 10:30 AM	#13
Lowkey335 Banned 9 Rep 280 Posts Drives: 07 e92 335i/04 e46 M3/11 SRX-4 Join Date: Sep 2011 Location: NJ/PA iTrader: (0)	Wow I guess this really does happen. You should definitely bring this car back to original dealer with all info from Hunterdon then demand a full refund. They are going to say you put the AA tune on your car. Lawyer up my good man.
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09-20-2011, 10:44 AM	#15
NYCGP WTF are you looking at? 232 Rep 1,560 Posts Drives: Bandwagon Join Date: Jan 2011 Location: Jungle iTrader: (0)	Congrats on the Free Tune OP!! __________________ "It is better to be hated for what you are than loved for what you are not." -André Gide
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09-20-2011, 11:12 AM	#16
boosted TreTre Catch Me If You Can 8 Rep 80 Posts Drives: e92 Join Date: Apr 2010 Location: dirty iTrader: (0)	hahahah i wish i knew i had the tune on the car the whole time.... Once i figure all this out ill post the results.... and maybe a aa tune will be for sale lol
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09-20-2011, 01:06 PM	#17
E46toE90 Sparkling Graphite Metallic FTW 151 Rep 3,212 Posts Drives: lci m-sport e90 n55 Join Date: Jun 2010 Location: the bronx iTrader: (12)	C Call BMWNa __________________
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09-20-2011, 06:58 PM	#18
hemi to e90 dat boost doe 238 Rep 1,823 Posts Drives: 10 335i 21 740li Join Date: Aug 2005 Location: nyc iTrader: (1)	1. if you take it out is the issue still present? 2. they cant "take it away" or deny any warranty work unless they prove that the mod is causing the issue. and only then only on the affected parts. 3. this CPO proves that CPO isnt worth all that much __________________
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09-20-2011, 07:05 PM	#19
Express Major General 369 Rep 8,693 Posts Drives: 06 330i Join Date: Dec 2008 Location: The Promise Land iTrader: (17) Garage List 2006 BMW 330i [8.30]	why not turn the tune ON?
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09-20-2011, 07:07 PM	#20
Easternedge Major 129 Rep 1,243 Posts Drives: 2012 Mini Coupe S JCW Join Date: Oct 2008 Location: Aventura, FL iTrader: (4) Garage List 2011 BMW 335is [0.00]	Its seems as if they are giving you a chance to take it out and bring it back... The bigger fuss you make about the TUNE, CPO, Etc. the deeper your digging your self! Take it out, then bring to another dealer if need be. Dealers are not dumb, and most have law suits up the a$$, nothing ends up happening! __________________ Back again after 10 yrs! Daily: 2012 Mini coupe S JCW Baby: 2007 BMW M6 Vert Wifey's: 2006 BMW 650I Family: 2007 Chevy Suburban LTZ
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