corvettelegaladvice

this week I took my car in to the dealer to see why 4 cylinder mode was not working. I was then told by chevy my car had an ECU tune and my remaining 70,000 mile factory warranty was now voided. I purchased the car 25 days ago.

I contacted the car dealer and he has said he might be able to put me in a new car if I pay the difference and that he would check.
What are my legal rights here? What should I seek from the dealer? I would be okay keeping the car if he paid me the value of the remaining warranty but I'm not sure how to value it.

Texas law states that
"Tampering may include, but is not limited to:
Removing the catalytic converter, air pump, and exhaust gas recirculation (EGR) valve, or doing anything to keep them from working properly, such as disconnecting vacuum lines and electrical or mechanical parts of the pollution control system.
Adjusting any element of a car or truck's emission control design so that it no longer meets the manufacturer's specifications."
"Texas law prohibits any person from selling, offering for sale, leasing, or offering to lease any vehicle not equipped with all emission control systems or devices in good operable condition. Violators are subject to penalties under the Texas Clean Air Act of up to $25,000 per violation. "


I'm sure if I offer to settle with him it will cost him way less than a court case, and a possible 25,000 violation. I can get over the factory warranty being voided as long as the overall cost of the car is then reduced appropriately as I would not have paid this much for a car without the assumed 70k miles remaining.

I would appreciate your guys insight...I was so excited to buy a new vette, now I'm scared of not having warranty and having paid the same price for one that has it.

ny32182

Was this car sold as new? Seems like some more information regarding the circumstances of the sale might be needed.

corvettelegaladvice

the car was sold used, but the tune that turns off the 4 cylinder eco mode has violated texas state law for used car dealers since the emissions no longer meet manufacturer specifications.

mschuyler

The dealer defrauded you by not disclosing the issue. Seems to me you should show that Texas law to the selling dealer. That's a $25,000 incentive for him make this right. If he doesn't want to play ball, take the evidence to the DMV. An hour or two of a lawyer's time might also be beneficial here. Letters from attorneys often have an amazing effect at changing attitudes.

Walt White Coupe

You may be right about that but I don't think so. As far as I know, Eco mode has nothing to do with emissions, it's just about better fuel economy. Does Texas even check emissions?

Corgidog1

I would demand that he buy the car back or else you will be initiating legal action.

There are plenty of low mileage used cars out there in addition to huge discounts on new ones.

dshamrick

If the car was sold to you in that condition, and the car included a warranty, then I would think that they are stuck in that they told you the car you bought, in the condition you bought it was covered.

They are the ones that should have to eat it.

corvettelegaladvice

I would assume eco mode has to do with emission laws that manufacturers have to abide by to make their target MPG for their fleets. maybe my assumption is wrong?

blackbirdws6

The vehicle was sold with a warranty which it fact it never had when sold to you. If the deal you signed confirms the vehicle had the balance of the manufacturer warranty, this is a big no no. The only issue with this is if you can prove the car was tuned or had the issue you stated before signing the papers and taking delivery.

If this can't be proven, I can see them using this as their out of the situation. "You owned it for almost a month so perhaps you had it tuned."

NSC5

Blackbird hit the key point. Unless you can prove it was tuned before you bought it you are on shaky legal ground. I wouldn't consider buying a late model car without the "snapshot" data GM demands before warranty service to prove it hasn't been tuned. This is a problem the industry should have already addressed but probably won't under the current lax regulatory environment. Currently it is the new owner's word vs the dealer when buying a previously owned vehicle unless there was already a warranty block on the car prior to sale which would establish it happened prior to sale.

And if all someone wants to do is avoid V4 mode the Range module plugs in and does not change the system programming. Once someone changes the "tune" perhaps all they did was block V4 mode but as far as GM is concerned the factory programming was changed and the powertrain warranty will be blocked.

I hate V4 mode and my Z06 will never use it; I have a Range module but rarely plug it in and usually just live the transmission in manual mode which prevents V4 mode from activating.

tcinla

Was the cars listed as having a GM warranty (careful, not a dealer specific warranty) ? If so, there is your fraud. Also, any lawyer with 2 or 3 brain cells would be able to show intent if the tune was not clearly disclosed so check the advert for the car and the paperwork.

Getting 1 or 2 hours of a lawyers time REALLY is your best course of action. It may cost a few bucks but look at the potential upside of doing so.

Apocolips

Most dealers will have a statement in the bill of sale that states "Sold as is". If your bill of sale says nothing specifically about a warranty, then, sadly, I think you're stuck. But I'm not an attorney. It might cost a few dollars, but most law firms will go over the paperwork and tell you what can or cannot be done. Might be worth a call.

vettetwo

Was the dealer who sold you the car a Chevrolet dealer?

Did the sales documentation state the car had a warranty for the full mileage remaining for coverage?

If the sales documentation states you are buying "as is", you are SOL.

When buying used, or new for that matter, it is always buyer beware. Dealers cannot stay in business if they misrepresent a vehicle on the purchase documentation. In addition, the word of the salesman does not mean much if the purchase documentation signed by the buyer is an accurate statement of the vehicle condition including modifications that may jeopardize the warranty.

corvettelegaladvice

it was not a chevy dealer.

ignorance of a law is not a defense, as long as the eco mode being removed actually does violate emissions laws, which I imagine it should. if eco mode being removed does fit the law, it was illegal for the dealer to sell it...even with an "as-is" sheet signed.

i have a recorded phone call of both the owner of the dealer and the sales person admitting that they knew the car was tuned but did not disclose it.

they immediately offered a trade for a 2016 z51 but it is an automatic and I'm not interested in it.


at this point I think I will offer them a deal, to pay for the $3,528.77 warranty to 100k miles that my bank sells, and the $495 I was just quoted to retune the car with eco mode still enabled, otherwise i will demand they buy the car back and hire a lawyer

Walt White Coupe

Those are two completely different requirements. One is about mileage and the other is about emissions. The most important criteria as other have said is if the contract said, "As Is". If it does anything you do with lawyers is going to be a waste of money.

Kent1999

Most will have text similar to "AS-IS. Dealer makes no statements or warrantees -- any remaining factory warranty is between the buyer and the manufacturer...". And a lot of the window stickers on used cars have a statement such as "BALANCE OF FACTORY WARRANTY IF ANY".

That "IF ANY" is the out clause.

Definitely worth an hour or two of an attorney's time, if the dealer won't step up. If the dealer got the car from an individual (and not the auction), the dealer may have cause to go after the seller to recoup costs of non-disclosure of a material fact.

Travlee

it didnt alter the emissions system at all, it just disabled a fuel saving feature. the emissions are working properly imho

snow

In Florida it is the same you can not tamper with or sell a vehicle that has emissions removed or tampered with. Have them take it back or lawyer up and make them pay...

corvettelegaladvice

It looks like they are going to pay for an aftermarket extended warranty as well as for a stock tune. I am thinking I might just settle with that as it will cause both of us less of a headache. thanks guys

maxp

Great news I was getting ready to suggest you contact a lawyer and notify the dealer that you were contacting the Texas Attorney General but now there is no need.

Enjoy the Vette