Bought car from a dealer but discovered it has been Remapped - Where do I stand legally?

motorguy

debtdebt wrote: »

Dealer being expert or not, if there is no paperwork to confirm a remap has been done, how were they meant to know? Are they expected to interrogate each car's ECU when it comes in for sale?

As far as the law is concerned it doesnt matter. The dealer is the expert, not the customer.

I'd say theres a fair chance the car has been returned to its standard state of tune before being traded in. That TD1 code is a code thrown up if the car had a mapping applied. It appears to have been last done before it was traded in.

BUT, the reality is, the O/P was sold a car that has had its ECU altered and that is preventing him from claiming a no doubt expensive gearbox fault under warranty. Thus, i'd be taking it up with the dealer.

seatbeltnoob

debtdebt wrote: »

Dealer being expert or not, if there is no paperwork to confirm a remap has been done, how were they meant to know? Are they expected to interrogate each car's ECU when it comes in for sale?

yes, the onus is on them to know their cars. Maybe it's not realistic to use expensive proprietory VAG diagnostics to get reports on every car they sell. But they're a business, they take a hit on some things.


Not sure about warranty on a 6 year old car. from the complaints I read, aftermarket warranty is just a scam, they always find a way to not pay out. Service done 6 months past due, warranty VOID. Or something like that.

motorguy

seatbeltnoob wrote: »

yes, the onus is on them to know their cars. Maybe it's not realistic to use expensive proprietory VAG diagnostics to get reports on every car they sell. But they're a business, they take a hit on some things.


Not sure about warranty on a 6 year old car. from the complaints I read, aftermarket warranty is just a scam, they always find a way to not pay out. Service done 6 months past due, warranty VOID. Or something like that.

Theres an intimation its a VW extended warranty, and manufacturers aftermarket warranty is normally very good. Its no surprise they're refusing a gearbox fault now they've proven the mapping has been tampered with mind you.

foxy-stoat

debtdebt wrote: »

Don't forget to declare to subsequent buyers too.

Really, for a private seller, if they decide to sell it on?

motorguy

foxy-stoat wrote: »

Really, for a private seller, if they decide to sell it on?

I would say the O/P would be under no obligation to say it had been remapped either via a private sale or trading it in, unless asked.

But morally, the O/P is clearly upset the car was remapped and werent given that information. I am sure they wouldnt want to put someone else in that situation...

DoaM

For a private sale, all that is legally required is for the seller to have good title (i.e. legally able to sell the goods), and for the goods to match the advertised description (plus any verbal/written Q&A between seller and buyer). There is no requirement in respect of merchantability, quality, robustness, roadworthiness, etc.

If a buyer asks if it has been remapped the the seller must answer truthfully, but there's no obligation for the seller to offer such information.

Johno100

DoaM wrote: »

For a private sale, all that is legally required is for the seller to have good title (i.e. legally able to sell the goods), and for the goods to match the advertised description (plus any verbal/written Q&A between seller and buyer). There is no requirement in respect of merchantability, quality, robustness, roadworthiness, etc.

If a buyer asks if it has been remapped the the seller must answer truthfully, but there's no obligation for the seller to offer such information.

But this wasn't a private sale according to the OP - "private dealer".

DoaM

I was addressing the point raised in posts #10, #15 and #16, on the basis of the OP selling the car on (which would be a private sale).

motorguy

DoaM wrote: »

For a private sale, all that is legally required is for the seller to have good title (i.e. legally able to sell the goods), and for the goods to match the advertised description (plus any verbal/written Q&A between seller and buyer). There is no requirement in respect of merchantability, quality, robustness, roadworthiness, etc.

If a buyer asks if it has been remapped the the seller must answer truthfully, but there's no obligation for the seller to offer such information.

As i said, no legal obligation, but given how upset the O/P is about this, i would have thought he would feel a moral obligation?

DoaM

motorguy wrote: »

As i said, no legal obligation, but given how upset the O/P is about this, i would have thought he would feel a moral obligation?

I'm making no judgments on the OP's moral standards.