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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118809
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I had transmission issues in my 06 bmw 525i so I take it to

Customer Question

I had transmission issues in my 06 bmw 525i so I take it to have it fixed. the place I take it says it needs to be rebuilt. Which they'll do for $4,055 with a 12 month 12,000 mile warranty. I said go ahead. It was rebuilt unbelievably quick. I pick it up Thursday last week, and Thursday night my trans fault light comes on. So I take it back Friday morning. They tell me to just bring it back on Monday, and they'll get it figured out. So after the car is at their shop all day Monday we give them a call. The owners response is that it needs a new computer which is gonna cost me another $500 and then another $200 to install. So before we go ahead with that. We call back, and tell them we're gonna come pick the car up to have a second opinion by another shop. The owner then tells us that if I come get it the way it is he's not responsible, and that we'll have to sign a paper waiving my 12 month 12,000 mile warranty. So now we either let him charge us more money or I lose my warranty.. Something isn't right here..
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: Tennessee
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 12 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, if the transmission is tampered with by anyone else, they can legally void the warranty, because they will argue damage was caused by the second mechanic. Under the warranty they have to be given the opportunity to repair the item. So, legally, if you let someone else touch the transmission it can void your warranty. If the computer was not something the worked on before rebuilding the transmission, then the computer is a new issue and you need to inform them that if they seek to void the warranty because you are getting the computer checked by an independent party, since that is not the transmission they worked on, you will file a complaint against them with the federal trade commission and the state attorney general under the Manguson Moss Warranty Act for them violating the law. You need to inform him that you are not going to have the transmission touched and as such that would not void his warranty.

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