Approved Used 335d found to have been mapped
Discussion
A friend's E92 335d has been in to a dealership recently for a turbo-related failure (not the turbo specifically but a related mechanical part)
He got a call from the dealership where it's being repaired stating that the car has been re-mapped and it shows on their diagnostic machine. He wasn't made aware of this by the dealership at the time of purchase and has insured the vehicle as a standard car. It absolutely wasn't re-mapped by him.
He purchased it last November at 49k miles and has added another 16k in that time. It was an Approved Used from a recognised franchise and is covered with a full 12 month warranty as you'd expect.
How would you suggest is the best way to deal with such a situation?
He got a call from the dealership where it's being repaired stating that the car has been re-mapped and it shows on their diagnostic machine. He wasn't made aware of this by the dealership at the time of purchase and has insured the vehicle as a standard car. It absolutely wasn't re-mapped by him.
He purchased it last November at 49k miles and has added another 16k in that time. It was an Approved Used from a recognised franchise and is covered with a full 12 month warranty as you'd expect.
How would you suggest is the best way to deal with such a situation?
I'm assuming there is now an issue with the warranty claim??
I would be asking for as much information about this MAP as possible, from their diagnostic, plus a copy of this diagnostic report.
I would ask for a copy of the previous diagnostic report (assuring myself it's authentic) from when they did the AUC checks. If they didn't check, then I would state my case that I did not put the MAP on (maybe showing my insurance certificate with the car as standard for consistency) and say it's their fault for not checking and if necessary they should contact the previous owner/s or if it's identifiable whose/what map it is, the tuning company.
If it's proven the dealership was at fault, then I would seek some compensation as they have sold a car which isn't up to the AUC checks; which I'm sure must mean the car is standard. I would want to cover any money involved in notifying my insurance company and if applicable getting MAP removed.
I would be asking for as much information about this MAP as possible, from their diagnostic, plus a copy of this diagnostic report.
I would ask for a copy of the previous diagnostic report (assuring myself it's authentic) from when they did the AUC checks. If they didn't check, then I would state my case that I did not put the MAP on (maybe showing my insurance certificate with the car as standard for consistency) and say it's their fault for not checking and if necessary they should contact the previous owner/s or if it's identifiable whose/what map it is, the tuning company.
If it's proven the dealership was at fault, then I would seek some compensation as they have sold a car which isn't up to the AUC checks; which I'm sure must mean the car is standard. I would want to cover any money involved in notifying my insurance company and if applicable getting MAP removed.
If it can be proved that the map was on the car when sold then surely the originating dealer will have to suck up the repair costs ? or at least contribute ?
I suspect that it may be difficult to conclusively prove when exactly the map was put in the car.
The best bet might be to phone some popular BMW tuners (I have no idea who), often tuners keep records of which cars they have mapped and thus they may be able to help prove the remap date.
I suspect that it may be difficult to conclusively prove when exactly the map was put in the car.
The best bet might be to phone some popular BMW tuners (I have no idea who), often tuners keep records of which cars they have mapped and thus they may be able to help prove the remap date.
Previous owner(s) from logbook will know. If not, can the dealer tell who did the tune or ask a reputable tuner such as angel tuning, Eco tune Scotland, Avon tuning, etc for any info on IDing or dating a tune. My last fiesta was a write-off and soon to be current owner contacted me - I said it drove brilliantly before the 40+mph rear end shunt .
When you find out, tell ph on this thread, so we know which tuner to potentially avoid - if it is a tuning problem rather than a right foot/part issue.
Hopefully the selling dealer will do the honourable thing and fix the problem. Good luck!
When you find out, tell ph on this thread, so we know which tuner to potentially avoid - if it is a tuning problem rather than a right foot/part issue.
Hopefully the selling dealer will do the honourable thing and fix the problem. Good luck!
Apparently the BMW diagnostic machine won't offer date/time stamp for when the vehicle was mapped.
As has been mentioned earlier in this thread, my friend really needs to find out if this is information is available - whether
It be through BMW or an independent expert.
Can anyone offer any advice here or recommend anyone in the Yorkshire area?
As has been mentioned earlier in this thread, my friend really needs to find out if this is information is available - whether
It be through BMW or an independent expert.
Can anyone offer any advice here or recommend anyone in the Yorkshire area?
Pferdestarke said:
Apparently the BMW diagnostic machine won't offer date/time stamp for when the vehicle was mapped.
As has been mentioned earlier in this thread, my friend really needs to find out if this is information is available - whether
It be through BMW or an independent expert.
Can anyone offer any advice here or recommend anyone in the Yorkshire area?
Speak to Evolve Tuning (Luton area) on the phone for some informal advice.As has been mentioned earlier in this thread, my friend really needs to find out if this is information is available - whether
It be through BMW or an independent expert.
Can anyone offer any advice here or recommend anyone in the Yorkshire area?
If I was your friend I would be phoning around all the tuners and giving my reg no/VIN/ECU serial number in order to establish if they have a record of tuning the car at any point. That might provide the 'proof' of tuning date.
Does the car drive at present? Maybe the repairing dealership have driven it and can tell it's been mapped from the power delivery, it probably comes on a bit 'peakier' than stock? Or do they reckon it has been mapped in the past but put back to stock tune now?
I think that if there is a 'fault' (let's consider this remap to be a fault) with the car, I think that under the Sale of Goods Act the onus is on the retailer to prove the fault was not present at the point of sale. I would be looking to the retailer who sold the car to confirm that they can prove that the car was not mapped at that time. I bet they can't.
I suspect standard AUC prep includes hooking the car up to diagnostics and loading latest software - I believe this would wipe an installed map, but not remove the evidence of a previous map (I'm no expert but that's what I understand). It may be that the selling dealership was indeed unaware of the previous map; it's not that the previous owner would have been shouting about it at P/X time.
ETA: I don't see the harm in contacting the previous owner, there is no comeback on him or her, I'd have thought?
This isn't the first time a previously-tuned car has been sold as AUC...
In 2010, I went to look at a Le Mans Blue 135i coupe with Lemon leather, it was being sold privately by the guy who'd owned it from new. It had a 370hp Evolve map. It was also pretty unique as, apart from the colour combo, it had every option except a sunroof and auto gearbox. It also had carbon trim (an expensive aftermarket OEM upgrade). It was a Scottish car and the reg began 'Sx'. I didn't buy it but anyway...
A few months ago I saw a Le Mans Blue 135i for sale from a BMW dealer, clicked on the pics (oh, nice carbon trim and Lemon leather!) and looked at the spec and the reg number, beginning with 'S' and seemed to ring a bell. It was the very same car, I'm certain.
Edited by texasjohn on Tuesday 29th July 21:42
Pferdestarke said:
A friend's E92 335d has been in to a dealership recently for a turbo-related failure (not the turbo specifically but a related mechanical part)
He got a call from the dealership where it's being repaired stating that the car has been re-mapped and it shows on their diagnostic machine. He wasn't made aware of this by the dealership at the time of purchase and has insured the vehicle as a standard car. It absolutely wasn't re-mapped by him.
He purchased it last November at 49k miles and has added another 16k in that time. It was an Approved Used from a recognised franchise and is covered with a full 12 month warranty as you'd expect.
How would you suggest is the best way to deal with such a situation?
So what's the issue?He got a call from the dealership where it's being repaired stating that the car has been re-mapped and it shows on their diagnostic machine. He wasn't made aware of this by the dealership at the time of purchase and has insured the vehicle as a standard car. It absolutely wasn't re-mapped by him.
He purchased it last November at 49k miles and has added another 16k in that time. It was an Approved Used from a recognised franchise and is covered with a full 12 month warranty as you'd expect.
How would you suggest is the best way to deal with such a situation?
Is the dealership refusing to carry out repairs under the AUC warranty?
Or is it the fact that your friend is worried about the insurance implications going forward?
I've owned two 335D's in the past,one was purchased from new and was part exed for an AUC car, the dealership was aware that the car they were taking in as P/ex was remapped.
The AUC car was sold for cash to a BMW dealer, again the dealership was aware that the car was remapped.
Whether the cars were returned to stock power outputs prior to being resold I don't know,but I suspect not.
Pferdestarke said:
Apparently the BMW diagnostic machine won't offer date/time stamp for when the vehicle was mapped.
As has been mentioned earlier in this thread, my friend really needs to find out if this is information is available - whether
It be through BMW or an independent expert.
Can anyone offer any advice here or recommend anyone in the Yorkshire area?
T, give Tim a call at Auto Technics 01302 761919. He will give you some good advice on what your friends options are, explain that I put you onto him. You have met previously.As has been mentioned earlier in this thread, my friend really needs to find out if this is information is available - whether
It be through BMW or an independent expert.
Can anyone offer any advice here or recommend anyone in the Yorkshire area?
H100S said:
T, give Tim a call at Auto Technics 01302 761919. He will give you some good advice on what your friends options are, explain that I put you onto him. You have met previously.
Cheers S. I'll give him the option of calling for advice. It appears quite difficult to prove when exactly the map was written to the ECU. Worth a chat I'm sure.
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