04-14-2010, 12:48 PM | #1 |
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Moss Magnuson Act - Any attorneys around?
From what I understand (which isnt much lol) this act protects us from being dinged by BMW for installing Mods that they do not offer.
http://en.wikipedia.org/wiki/Magnuso...s_Warranty_Act Can anyone shed some light on this for us? Thanks in advance! |
04-14-2010, 01:24 PM | #2 |
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I'm not sure what "mods" you are referring to, but this is for manufacturer non-compliance type of stuff.
Such as, "BMW failed to install a seatbelt in my car, so for safety concerns I installed one. I took it to the dealership for an oil change and when the service advisor saw what I had done, they voided the warrenty on my car." You'll never win a "mod" case unless the circumstances are just right. For instance you installed some lowering springs on your car, so BMW voided the warrenty on your tail lights. Follow? Making an argument that you needed larger wheels/lower suspension/free-flowing exhaust isn't going to get you any traction within the legal system. BMW manufactured the car to a certain government mandated spec and went through all testing to ensure things are where they should be... therefore they can wash their hands clean of your "mods" and accepting the liability associated with them. Furthermore, if something like this does go to trial, you are more likely to be fined for modifying exhaust/suspension/brakes, etc. because most states don't techically allow any modified parts on cars because it violates the aformentioned government mandates. Its a slippery slope. Last edited by Feyd; 04-14-2010 at 01:31 PM.. |
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04-14-2010, 01:43 PM | #3 |
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Thanks for the info,
This is the part that caught my eye: "Warrantors cannot require that only branded parts be used with the product in order to retain the warranty" which is like if you replace a spark plug with something other than the OEM ones, they cant do anything about it. |
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04-14-2010, 02:06 PM | #4 | |
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Quote:
You could probably make a case if you could show that it was installed by an ASE certified technician, etc... but you'd still end up going to court over it. |
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04-14-2010, 05:14 PM | #5 |
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As it was pointed out, it is not about mods, it is more about you replacing parts on the car which are not made by the manufacturer, like spark plugs or oil filters or brake pads. The manufacturer can not void your warranty just because you did not use their parts, unless they can prove the part was the source of the warranty claim. They would have to show how using non OEM spark plugs blew up your engine.
Also as it was pointed out most all states have laws which clearly state you can not modify the car beyond what was originally on the car when it was sold by the manufacturer. This is why many tires places, at least the nation wide chains will not install non-OEM recommended tires on your car if you bring it in. They will mount tires on any wheel as long as you do not tell them what the car is. The fact people modify cars and no one seems to care does not mean that the state can not come after you for modifications. |
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04-15-2010, 08:38 PM | #7 |
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Basically if you install an exhaust then your transmission goes out, they can't void your warranty on the tranny because of the exhaust.
I remember in 2009 seeing a thread about a guy whose tranny went out and BMW voided the warranty because his Intake over powered the transmission......... |
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