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      10-01-2010, 07:56 AM   #62
cdeslandes
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Drives: 2010 Z4 s35i
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Quote:
Originally Posted by VintageBMW View Post
I want to make it clear: I have been very direct and honest with the dealer on the mods. I also take full responsibility for any damage they cause and have repeated that to the dealer. However, their position is that if the stereo stops working my FMIC, exhaust, and mods voided the whole warranty. This is a very bad legal position and I doubt they are consulting with their legal department.
You already know, since you are a lawyer, that under the Magnuson-Moss Act a dealer must prove, not just vocalize, that aftermarket equipment caused the need for repairs before it can deny warranty coverage. If the dealer cannot prove such a claim — or it proffers a questionable explanation — it is your legal right to demand compliance with the warranty.

It is, indeed a very bad legal position for BMW. You should be able to get this fixed or get a new car under the lemon laws...
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