Magnuson-Moss Act
 

I see so many people ask about this that I think the Moderators should consider making it a sticky. Here is the link:

http://www.seniormag.com/legal/lemon...gnusonmoss.htm

i agree with a sticky! this is important for modders to know about..

Yes, and what a lot of people if not most, don't know that it is used for buybacks. The Magnuson Moss Act is much, much easier to file than a state's Lemon Laws. In fact, I would say avoid the Lemon Law altogether.

Sticky by request!

It IS very important for those that are concern about their warranty and what their specific rights are and how to arm themselves with knowledge against an uncooperative dealership.

You must also understand that the Dealer has first right of refusal to do any work on the car.

They can simply NOT work on your car, and it's never a warranty, MM, or Lemon issue.

Keep that in mind, and be nice and friendly with 'em. Last thing you want to do is piss off the service manager.

Just curious as a newbie to the Mini world...Are there so many problems with Mini's and dealerships that people are having to resort to legal action to get their problems resolved?

As a general rule, probably not. But if there are aftermarket modifications on the car, it gets more complicated. BMW/MINI don't want to pay for something that may have failed as a result of an aftermarket modification. What many are seeing is a conservative approach by BMW/MINI - if there is a chance that a failure occurred as a result of an aftermarket part, then refuse to pay for the warranty repair. Notwithstanding the posts in this thread, the deck is dramatically stacked in favor of the manufacturer (BMW/MINI in this instance). So, if you are considering modding your car, go into the experience knowing that BMW/MINI will likely not pick up the repair costs if they find out you have modified your car.

If anyone has a URL for a case where the consumer has won againt any car company for a "performance mod" (e.g., CAI, pulley, etc.) Please post.

Don't hold your breath waiting for a post....:lol:

Exactly. And yet ... ppl tout or scream MM and I can't find a single case where a consumer won one that was based on performance mods (there are cases on different issues).

Well, you can't exactly blame them. When they are "in the market" for performance options, the vendor inevitably tells them that the manufacturer can not deny warranty coverage just because a performance part is on the engine.... And the message is received by a receptive audience.... It is just that when push comes to shove, the consumer is left holding the bag (so-to-speak).

I believe that this is very important and it should become a sticky.
+1 for the sticky:thumbsup:

I think the thread already is a sticky.

My Mini (2006MC) spent 5 weeks in the shop, during the first 6 months of ownership. Electrical Short in the Digital sound module, Instrument Cluster, Security System. The technican had left the battery cable loose when installing the Digital Sound Module, Cowl gasket loose, Hardware holding Muffler left loose. Dealer was less than helpful had to get Mini Usa involved. Second Dealer looked at the car and said the battery cable is loose. First dealer had replaced D. Sound Module amp (twice) and instrument Cluster (once).

How does your experience translate to a M-M issue? MINI USA seems to have held up their end of the bargain.

MM is a worthless piece of paper...

The fact is that the more you mod your car the more you are at the mercy of the service department at the dealership, treat them nice and choose your battles and they may or may not help you out. One must remember that it is the manufacturer that provides and pays for any work done not the dealership, if they push the envelope to far they could be left holding the bag. Just being realistic and a bit of the devils advocate... If I mod my car to a point and say take it to the track, it is a concious gamble that if something breaks most likely I will pay the bill. Now if you put a sway bar on and the AC goes bad or a seat comes apart and the dealership doesn't want to fix it under warranty..that's BS. Time to battle.:nod:

Exactly. You play, you pay.

I chose to only do the CAI, thinking that it's the least intrusive and if I really had to could put the stock box back on. I can see if I'm changing out pipes, reprogramming ECU modules, etc. that I'm running a bigger risk, however with just a CAI all you're doing is making it easier for the engine to breath but haven't fundamentally changed the design or operation characteristics of the system. Just my opinion...

I am not sure how many of you have actually attempted to put the MMWA into action but it is not as clean cut and dry as you might think. I would say if you are seriously worried about your warranty drive the car. DO NOT MOD. I know easier said than done but 9 times out of 10 you will get burned by the stealership.

Please be aware. On new vehicles, in order to meet emissions standards, just about everything on an engine is monitored. While the MINIs are quite good about being flexible from what I can see (R53 experience) there are many vehicles out there that rely on even the intake design to make the vehicle run properly.

For instance, the '03 Ford diesel pickup trucks usually will not run properly with a CAI. They can run so poorly that the turbo is effected which is a costly repair. While most dealerships will repair this under warranty, it is a one time deal. Customer can be flagged in their profile of the happening and now all dealers can view this information. If it becomes extreme the warranty can be very quickly void because of the customer being informed of the situation.

This is only one instance and there are many more. What I can tell you is, read the owners manual carefully and ensure that the systems that you are modifying do not effect other systems in any way. This can lead to a warranty cancellation if systems are crossed and a failure occurs.

As stated before, try to be nice to the dealer when under warranty and they (usually) will take care of you. :thumbsup: