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Turns out I bought a tuned CPO car

mrmattolsen

Go Kart Champion
Location
Jacksonville, FL
Car(s)
2015 GTI DSG
If you're legitimately worried about the tune causing a catastrophic engine issue, just know that any subsequent updates from APR are probably aimed more on drivability rather than correcting some parameter that affects reliability. I noticed that you're running the HT file so you could move to the LT file which would obviously be easier on the car over a long period of time, but that's a small ask from a dealer who has been completely dishonest with you.

If it's not going to be a warranty backed by VW, what's left? The possibility of some sort of written agreement between you and the dealer that basically says because the vehicle was sold under a false pretense, for a period of time/ mileage we will cover any issues? Idk that seems pretty flimsy to me and that's why I'd ask a lawyer what your options are.

What if the GM of the dealer is caught snorting cocaine off of the ass cheek of his mistress in the service bay and loses the business? What if you're offered a job in a new city on the other side of the country, but you have this agreement with this dealer? All things to consider.
Yes, all fair points and questions. The best I can do is see if their latest offer is sufficient and go from there.
Edit: by the way, the low torque tune is exactly the tune I want to switch to.
 
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tigeo

Autocross Champion
Breaking news! Just as I was ready to completely give up hope, I got a call that the owner will be sending me a document tomorrow stating, to my surprise, that the CPO warranty will be covered as I've requested.

What that actually means, I don't know yet. But as someone with over a decade of contract review experience, you can bet your boots I'll be reviewing it very careful for any and every hole. Hopefully this is the beginning of the end of this process and we'll have an amicable resolution soon.
I hope it works out - to me, that is the fair resolution.... the dealer, not VW (b/c they made the mistake), will handle any out of pocket costs under the CPO warranty in the v. unlikely event of an issue that VW balks at b/c of the tune. Win win to me and how I would want it resolved vs. giving me a refiund - the dealer isn't taking much risk here b/c the likelihood is so low of an issue VW won't cover in the first place.
 

jimlloyd40

Autocross Champion
Location
Phoenix
Car(s)
2018 SE DSG
I want to offset at least some of the risk I paid to not take on with CPO. Since the powertrain warranty is likely bunk, there's now a risk of an expensive repair I didn't have before. My first choice is the dealership honoring the warranty. But as that becomes increasingly unlikely, perhaps an alternative route is for them to cover updates to the tune as well as some of the upcoming service intervals. The logic being having an updated tune and service "by the book" can help reduce the risk of anything going wrong. That's monetarily valuable to me, and valuable for peace of mind, while being relatively easy for the dealership (I would think). But that is still pretty far from ideal
Maybe also get the dealership to agree to take care of any powertrain warranty failures at cost also.
 

KevinC

Autocross Champion
Location
The land of Wyatt Earp & Doc Holliday
Car(s)
'19 Golf R, '08 Z4MC
What about suing in small claims court, at the maximum allowed by your state? I would show up with documentation of what CPO status allegedly provided, then show proof that the car had been altered with aftermarket software and that was not disclosed to you, and finally with proof that the dealer CAN indeed detect such software had they bothered to check. And leave open the possibility that they HAD in fact discovered it was tuned, then didn't disclose that fact to you. Either way, you bought "damaged goods under the guise of CPO protection, and you are seeking for the judge to either order the transaction nullified, or that the dealer be penalized up to/at the maximum amount allowed by that court. Worth a shot if all else fails. I'd be VERY leery of this late development that they are going to "cover the warranty".
 

MonkeyMD

Autocross Champion
Isn't the dealer you bought from in Arizona and you live in Colorado? So can you take it to any shop and they'll reimburse you or pay shop directly.
 

tigeo

Autocross Champion
What about suing in small claims court, at the maximum allowed by your state? I would show up with documentation of what CPO status allegedly provided, then show proof that the car had been altered with aftermarket software and that was not disclosed to you, and finally with proof that the dealer CAN indeed detect such software had they bothered to check. And leave open the possibility that they HAD in fact discovered it was tuned, then didn't disclose that fact to you. Either way, you bought "damaged goods under the guise of CPO protection, and you are seeking for the judge to either order the transaction nullified, or that the dealer be penalized up to/at the maximum amount allowed by that court. Worth a shot if all else fails. I'd be VERY leery of this late development that they are going to "cover the warranty".
Why go thorugh all this drama if the dealer will just accept handling anything VW won't cover which is what the OP is asking for?
 

mrmattolsen

Go Kart Champion
Location
Jacksonville, FL
Car(s)
2015 GTI DSG
I've written a reply like 3 or 4 times but keep deleting it LOL. I really want to provide y'all with some insight on the legal side of this because I find it to be very interesting stuff and because it could be useful to others in the future... but I do not want show my cards since this is a public forum. I'll wait until this is a settled matter.
 

MonkeyMD

Autocross Champion

oddspyke

Autocross Champion
Location
Middletown, DE
Car(s)
2016 GTI, 2018 ZL1
I've written a reply like 3 or 4 times but keep deleting it LOL. I really want to provide y'all with some insight on the legal side of this because I find it to be very interesting stuff and because it could be useful to others in the future... but I do not want show my cards since this is a public forum. I'll wait until this is a settled matter.
And maybe not even then. If any lawyers get involved, you can almost be sure there will be an NDA attached.
 

RuffledJersey

Passed Driver's Ed
Location
Northern Delawhere
Car(s)
2019 S DSG
What about suing in small claims court, at the maximum allowed by your state? I would show up with documentation of what CPO status allegedly provided, then show proof that the car had been altered with aftermarket software and that was not disclosed to you, and finally with proof that the dealer CAN indeed detect such software had they bothered to check. And leave open the possibility that they HAD in fact discovered it was tuned, then didn't disclose that fact to you. Either way, you bought "damaged goods under the guise of CPO protection, and you are seeking for the judge to either order the transaction nullified, or that the dealer be penalized up to/at the maximum amount allowed by that court. Worth a shot if all else fails. I'd be VERY leery of this late development that they are going to "cover the warranty".
Unfortunately, that’s not how small claims courts work. You need to specify and prove the amount of damages you incurred because of the other party’s actions. There’s no damages here until the OP has an issue that needs to be fixed and the dealer won’t honor the CPO warranty - the damages would then be the cost of the repairs that OP needed to shell out.

Small claims courts don’t have the power to nullify a contract, award penalties, or issue injunctive relief - they merely award monetary damages (and then you have to collect them). Not worth a shot right now because of the cost of filing and the near certainty that the case will either be thrown out or not heard at all.
 
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cb1111

Newbie
Location
Virginia, USA
In small claims court you need to specify and prove the amount of damages you incurred because of the other party’s actions. There’s no damages here until the OP has an issue that needs to be fixed and the dealer won’t honor the CPO warranty - the damages would then be the cost of the repairs that OP needed to shell out.

Small claims courts don’t have the power to nullify a contract, award penalties, or issue injunctive relief - they merely award monetary damages (and then you have to collect them). Not worth a shot right now because of the cost of filing and the near certainty that the case will either be thrown out or not heard at all.
Judge Judy :ROFLMAO::ROFLMAO::ROFLMAO:
 

Acadia18

Autocross Champion
Location
Rhode Island
Car(s)
2016 GTI SE
Update: Extremely frustrated after the phone call today. The update is basically that there is no update yet. GM is still drafting up something. Sales Manager says the right thing is to "turn off" the tune. But I have explained why that won't salvage the warranty nor will it satisfy me because it's changing the car that I already bought. Can you imagine buying a Mustang 5.0 and after you buy they say sorry we have to downgrade you to the Ecoboost engine? No way. You bought the car for the power. I made clear that removing the tune is off the table. I asked him to get back to me with a firm date when we can meet to review whatever the GM is writing up, and/or have the GM contact me directly. I'm sick of dealing with this and I'm confident the sales manager is too (he's basically just the middle man at this point). Hopefully I will have another update soon...

Still holding out for the hat.
View attachment 225336
Although, after all of this, I may not want to proudly wear the logo...


While I'm glad it sounds like you're going to be getting the outcome you want, your analogy doesn't really line up. You didn't buy, or at least intend to buy, a tuned GTI with tuned GTI power. You bought, and expected to get, a stock GTI with stock GTI power. It's more akin to buying an Ecoboost Mustang, then them saying "Sorry, you bought an Ecoboost, but it actually has a 5.0 engine in it. For us to cover it, it has to be brought back to the level you bought.". Now, if they advertised it as an APR Tuned CPO car, or at least that was the assumption it was when you bought it, your analogy would line up. I think the dealer would be perfectly in line to say "We'll honor the CPO warranty, but the tune has to be removed", and let you decide which is more important to you.

Regardless, it doesn't sound like that was the outcome anyway, so you got to have your cake and eat it too.
 
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