Help! Engine Failed & Porsche Won't Honor Warranty
08-11-2015, 12:37 AM
#3
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Jay is correct, once you modify the engine, all bets are off, especially the ecu.
Your best bet is to find a core short block, like LA dismantlers etc, conversely just obtain a block, rods and pistons, you have all the rest.
GL
(Some first post!)
Your best bet is to find a core short block, like LA dismantlers etc, conversely just obtain a block, rods and pistons, you have all the rest.
GL
(Some first post!)
08-11-2015, 02:07 AM
#4
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Help! Engine Failed & Porsche Won't Honor Warranty
Did you buy the car from a dealer? Did the dealer confirm the warranty was valid when you were having it inspected?
08-11-2015, 02:38 AM
#6
Racer
I feel for you!!
My gut feeling says you will have little chance of a win against Porsche, but may have more chance of a suit against the dealer giving you bad information if he was aware of the mods to the car when he sold it to you.
I have no legal qualifications to base this on - just my opinion - easier to get the money for repairs from a dealer than from Porsche!!
My gut feeling says you will have little chance of a win against Porsche, but may have more chance of a suit against the dealer giving you bad information if he was aware of the mods to the car when he sold it to you.
I have no legal qualifications to base this on - just my opinion - easier to get the money for repairs from a dealer than from Porsche!!
08-11-2015, 03:03 AM
#7
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This seems to be a specific legal issue, general practice won't help you in this case. What kind of warranty do you have? Did you specifically pay for a stand-alone warranty for mechanical components including the engine, or is this a statutory warranty? Was the dealer aware of the mods? Did the original dealer ad list the mods? Does the warranty list the acquired mods, such as exhausts, coolers, intake, filters, and software? Does it state anything about exclusion or inclusion when the car is modded? Was the car inspected by the dealer before the sale? Did you have someone with you, who could testify?
In case of a statutory warranty, it's going to be an uphill battle as stated before. In case of a stand-alone warranty paid for separately, you may have a chance if you have consistent evidence of misselling [edit: of the warranty]. Having proof in writing (dealer ad, ppi, warranty doc, witnesses) will certainly help your case. Collect everything in a file and ask for an appointment with the manager. Depending on the strength of your evidence, you should be able to settle somewhere. Your best bet is a stand-alone warranty paid for separately, listing and acknowledging the warranty in spite of the mods. In that case, assuming you had no additional over-revs when compared to PPI, I wouldn't settle for anything less than 100%. In case of a statutory warranty, you would have to prove lack of integrity to establish a case: very difficult unless the dealer made a clear cut mistake, or you have someone on the inside or up the chain who would be willing testify.
Fingers crossed!
In case of a statutory warranty, it's going to be an uphill battle as stated before. In case of a stand-alone warranty paid for separately, you may have a chance if you have consistent evidence of misselling [edit: of the warranty]. Having proof in writing (dealer ad, ppi, warranty doc, witnesses) will certainly help your case. Collect everything in a file and ask for an appointment with the manager. Depending on the strength of your evidence, you should be able to settle somewhere. Your best bet is a stand-alone warranty paid for separately, listing and acknowledging the warranty in spite of the mods. In that case, assuming you had no additional over-revs when compared to PPI, I wouldn't settle for anything less than 100%. In case of a statutory warranty, you would have to prove lack of integrity to establish a case: very difficult unless the dealer made a clear cut mistake, or you have someone on the inside or up the chain who would be willing testify.
Fingers crossed!
Last edited by LUXEMBOURGER; 08-11-2015 at 05:08 AM.
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08-11-2015, 03:12 AM
#8
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You have a long road ahead to prove that Porsche has to extend there warranty on an engine that has performance software controlling there engine components.
Have you downloaded your ECU CEL's and recorded the Type 1 to Type 6 overRevs??
What is really difficult, is having a car that is tuned with 93 and higher octane.. Then the car gets sold and moved across country to a 91 octane region. Worse is IF the tuner has race gas files that can be loaded into the ECU. Can you imagine what happens if 89 or 90 octane is used under WOT runs???
Have you downloaded your ECU CEL's and recorded the Type 1 to Type 6 overRevs??
What is really difficult, is having a car that is tuned with 93 and higher octane.. Then the car gets sold and moved across country to a 91 octane region. Worse is IF the tuner has race gas files that can be loaded into the ECU. Can you imagine what happens if 89 or 90 octane is used under WOT runs???
08-11-2015, 03:41 AM
#9
As said above the issue is with the dealer. IF the dealer DID NOT specifically inform you of all aftermarket modifications and their potential impact on a factory warranty before sale then you may well have a solid case!
The counter argument from the agent might be that you should have asked about the impact of aftermarket mods to the warranty before purchase.
You counter with the fact that the dealer is responsible to provide warranty servicing of your vehicle as part of the sale price. Therefore IF dealer acquired a modified that would be ineligible for factory warranty servicing said dealer must amend the sale to either: honor warranty for duration at their expense, reduce sale price by the projected cost of servicing for the duration of the original factory warranty.....or face potential criminal charges
The counter argument from the agent might be that you should have asked about the impact of aftermarket mods to the warranty before purchase.
You counter with the fact that the dealer is responsible to provide warranty servicing of your vehicle as part of the sale price. Therefore IF dealer acquired a modified that would be ineligible for factory warranty servicing said dealer must amend the sale to either: honor warranty for duration at their expense, reduce sale price by the projected cost of servicing for the duration of the original factory warranty.....or face potential criminal charges
08-11-2015, 03:52 AM
#10
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The problem is.. Porsche North America is denying the claim. The dealer has some skin in this "IF" they knew that this car was tuned, and had aftermarket components on it. The original poster has to bring suit against the dealer. If the OP knew that the car was NOT stock, it's going to be a tough road. I have seen this over the years.. It's tough to win a warranty engine case when the RPM limiter is raised above and you have rods or pistons outside of the engine case.
08-11-2015, 06:26 AM
#11
Your car sounds heavily modified. I think you would have to know there is simply no way known Porsche would ever entertain a claim like this in a million years. I can only imagine the looks on their faces when they saw the mods...and the collateral damage.
Out of interest what brand tune did it have? Brand of intake, exhaust etc..
Out of interest what brand tune did it have? Brand of intake, exhaust etc..
08-11-2015, 07:29 AM
#12
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Sorry for the OP. This won't end well or inexpensively. Cut your losses now, and just focus on getting your car repaired.
I'd love to see the DME over-rev report on this one.
I'd love to see the DME over-rev report on this one.
08-11-2015, 08:27 AM
#13
That is not a "heavily" modded car .... No internal mods ? ....
I would certainly try and find the marketing information from the Dealer (prove that they knew it was modded) and then go that direction on a claim ... If it takes 10k to litigate - then split the cost of the repairs early into the lawsuit and call it a lesson learned ..
Good luck
I would certainly try and find the marketing information from the Dealer (prove that they knew it was modded) and then go that direction on a claim ... If it takes 10k to litigate - then split the cost of the repairs early into the lawsuit and call it a lesson learned ..
Good luck
08-11-2015, 09:16 AM
#14
Race Director
The magnuson-moss act covers this, but this generally is used in a case where the dealer denies warranty on the radio because of a set of aftermarket mufflers.
In this case, you have lots of modifications that directly relate to the engine and the manner in which it runs.
your only case is against the selling dealer for material misrepresentations, but that won't cover the cost of a new engine or rebuild. You have to weigh the cost/benefit, and also take into consideration that your attorney may want to take the case on contingency.
In this case, you have lots of modifications that directly relate to the engine and the manner in which it runs.
your only case is against the selling dealer for material misrepresentations, but that won't cover the cost of a new engine or rebuild. You have to weigh the cost/benefit, and also take into consideration that your attorney may want to take the case on contingency.
08-11-2015, 09:31 AM
#15
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Sorry to hear that. Sounds like you didn't buy from a Porsche dealer and only had a PPI done by them.
The ecu flash and the mods increase hp and torque and this put more stress on the internal engine parts. I think you don't stand a chance getting them to cover it. You should have flashed it back and reverted all the mods back to OEM prior to bringing it to them to fulfill the warranty. More then likely would have been covered if there was no sign of ecu flash and rev limit history.
The ecu flash and the mods increase hp and torque and this put more stress on the internal engine parts. I think you don't stand a chance getting them to cover it. You should have flashed it back and reverted all the mods back to OEM prior to bringing it to them to fulfill the warranty. More then likely would have been covered if there was no sign of ecu flash and rev limit history.