Most cars are not tuned, and CPO car must not be tuned. Situation described in this thread is dealer negligence. Dealer can and should check codes on used cars, and they can tell you if ECU was modified. Just ask for this in writing as a condition of sale.

 

It's a month later and Pixel now appears to have gone MIA. Perhaps he DID get them to take it back and cut his losses

 

One possible explanation is non-disclosure agreement that is part of favorable settlement.

 

I hate when that happens.

 

+1

The customer was illegally screwed in this case for sure, so it's VERY likely it got legal and there is a gag order.

The customer already WON the repair rights in the discussion with the GM for the car as he stated earlier in his thread. He also stated they wanted him to sign a disclosure to get the fix (could have had gag language in it). But he also stated that initial deal sucked and he was not going to sign it.

But if he lawyered up afterwards, it's likely he would get a new deal, possibly a new car and some cash out of the deal, but would be sworn to silence as part of the deal.

Let this be a lesson to ALL DEALERS and TECHNICIANS! Do not just carte blanche deny warranty on cars with tuned ecu's, or you can clearly RISK YOUR DEALERSHIPS' entire existence. (Pixel had a bad o2 sensor they refused to replace due to record of an ecu tune.)

This warranty denial that started with "this car has been tuned, so no warranty" has probably put this dealership on probation with Jaguar Corporate, or worse...as the dealer did not certify the car properly, and then falsely blamed failures on an ecu tune.

Please, please, just let Dealerships keep screwing customers over ECU tuning and getting sued...everyone gets a shinny new Jag to replace their tuned car. (not really, but plaintiff favorable ruling seems very likely these days if you take them to court. Remember, they have to PROVE your tune broke the component or whatever, which is IMPOSSIBLE to do in court without re-creating in a lab, which would cost six or seven figures. They know that even then, it is unlikely they can prove your tune caused the failure. Corporate Law teams will settle well before then, I assure you.)

Serves them right if you ask me! Lie to a customer and then try to screw them out of warranty service using a record of a previous ECU tune as the excuse, you SHOULD lose your dealership IMHO. And you should pay a costly penalty to the customer for pain and anguish and lost time.

Customer will win..every time. Customers just have to know how to fight for your rights. And in this USA, we have the right to tune.

Modders, rejoice: It's legal to tweak your car's software now!

https://www.cnet.com/roadshow/news/m...-software-now/

 

@Austin7

If Pixel actually tuned his car himself, the outcome would be very different.

 

Were both speculating, but in my opinion I believe he would have still been protected under the DMCA rights laws and Mag-Moss protections even if he had tuned the car after purchase. Tuners have wide reaching legal protection these days.

ECU Tinker Rights: https://www.cnet.com/roadshow/news/m...-software-now/

MMWA: https://www.mlmlaw.com/library/guide...s/undermag.htm


But it sure helped his case that his dealer did not properly certify the car in the first place, I totally agree...another dishonest Jaguar dealer.

I was straight up lied-to by mine here in Austin. (Jag Dealership Salesperson "Oh, we don't discount the new year models.")

But when it comes to your rights to self repair and rights to MOD YOUR ECU without warranty violation, GREAT PROGRESS has been made and legal precedents are being set everywhere in the favor of the consumer, especially in the last couple of years. See here:

https://repair.org/legal-corner/