[Edris335i]

So I was looking at E92 335i's on my local Craigslist and found one that I absolutely fell in love with. I was contacting the seller and he reassured me multiple times, I have the text message receipts and a witness who went with me to purchase the vehicle, that BOTH turbos were replaced by BMW under their warranty. He said that one was replaced at about 65k miles and the other was replaced at the end of 2017 when the warranty was expiring on the vehicle. I'm now at 97k miles and am experiencing terrible wastegate rattle and a persisting 30FF code. Is there anything that I can do, legally or warranty wise? There's no way in hell a turbo should be this bad after 30k miles especially if it was replaced by BMW or if the seller was lying. Any info helps, please let me know! I'm located in California if the laws differ from state to state.

EDIT: I purchased the car at about 93-94k miles mainly due to the turbos being replaced, otherwise I would not have wasted my money purchasing it.

EDIT 2: I texted the seller at 7:00 A.M. asking which BMW dealership he got the turbos replaced at, unfortunately no response as of 6:31 P.M. but I will contact another BMW dealership in my area in hopes that they are able to inform me if the turbos were replaced. I 110% would not have bought the car if I had known that the turbos had not been replaced.

EDIT 3: Seller is just now informing me that one turbo was worked on in a semi-legal way through a mechanic off the books. He is not even sure if it was replaced but he stated "it was worked on, at the least" but I was ensured that it was fully replaced.

[HawkeyeGeoff]

Originally Posted by Edris335i

So I was looking at E92 335i's on my local Craigslist and found one that I absolutely fell in love with. I was contacting the seller and he reassured me multiple times, I have the text message receipts and a witness who went with me to purchase the vehicle, that BOTH turbos were replaced by BMW under their warranty. He said that one was replaced at about 65k miles and the other was replaced at the end of 2017 when the warranty was expiring on the vehicle. I'm now at 97k miles and am experiencing terrible wastegate rattle and a persisting 30FF code. Is there anything that I can do, legally or warranty wise? There's no way in hell a turbo should be this bad after 30k miles especially if it was replaced by BMW or if the seller was lying. Any info helps, please let me know! I'm located in California if the laws differ from state to state.

EDIT: I purchased the car at about 93-94k miles mainly due to the turbos being replaced, otherwise I would not have wasted my money purchasing it.

Nope. Nothing you can do. Repair it and move on.

[wren57]

*THIS IS NOT LEGAL ADVICE, THIS IS MERELY WHAT I WOULD DO IN THE SITUATION*

Text or email him asking him which dealer replaced the turbos.

IF he responds and tells you a dealer, contact them and see if they actually did the work.

If they did not, tell him they said they didn't do the work.

If he doesn't respond or wiggles, tell him you want to return the car because the purchase was made under a fraudulent inducement which you have a legal remedy for.

Make sure everything is in writing/text/email just in case you need it later.

[msjt]

I hope you know that even brand new turbos rattle. It's a design flaw and does not necessarily mean that the seller lied.

[LMB335IS]

It's pretty easy to just have a dealer use your VIN and pull up a complete service history of any work done by a dealership.

[Edris335i]

Originally Posted by msjt

I hope you know that even brand new turbos rattle. It's a design flaw and does not necessarily mean that the seller lied.

It's not the rattle that's my problem. It's the underboost code that is.

[Edris335i]

Originally Posted by wren57

*THIS IS NOT LEGAL ADVICE, THIS IS MERELY WHAT I WOULD DO IN THE SITUATION*

Text or email him asking him which dealer replaced the turbos.

IF he responds and tells you a dealer, contact them and see if they actually did the work.

If they did not, tell him they said they didn't do the work.

If he doesn't respond or wiggles, tell him you want to return the car because the purchase was made under a fraudulent inducement which you have a legal remedy for.

Make sure everything is in writing/text/email just in case you need it later.

Thank you, will try this today and let you guys know how it goes!

[Bimmer Pleaser]

I disagree with people saying you cannot do anything. It is a used car sold as is; however if you can prove the seller lied you can sue him in the small courts. You need proof that he told you the parts were replaced, and proof that in fact the parts were not replaced.

[Edris335i]

Originally Posted by LMB335IS

It's pretty easy to just have a dealer use your VIN and pull up a complete service history of any work done by a dealership.

Oh really? I didn't know I could do that at any dealer. Will contact a local dealer and see if they can let me know over the phone, if not i'll try to go in person when I can.

[Edris335i]

Originally Posted by Bimmer Pleaser

I disagree with people saying you cannot do anything. It is a used car sold as is; however if you can prove the seller lied you can sue him in the small courts. You need proof that he told you the parts were replaced, and proof that in fact the parts were not replaced.

Thats what I was reading online, I just wanted to see and make sure. Thank you!

[rsyed07]

Although you do have some kind of talk via text, in a situation like this if he doesn't have the receipts I would've gotten him to sign it on paper and have it notarized so it is in writing.

[wren57]

Here you go op:

https://www.brianogradylaw.com/Artic...lifornia.shtml

[Edris335i]

Originally Posted by wren57

Here you go op:

https://www.brianogradylaw.com/Artic...lifornia.shtml

Thank you so much! I really appreciate it

[n2siast]

Originally Posted by Edris335i

It's not the rattle that's my problem. It's the underboost code that is.

The 30FF underboost code you're getting doesn't necessarily mean that the turbos are leaking, could be a number of areas that a boost leak would trigger 30FF.

I've had 30ff at the Intercooler, charge pipe, canister, etc. Might be worth checking out some other spots before determining that it's actually the turbos.

[msjt]

Originally Posted by n2siast

The 30FF underboost code you're getting doesn't necessarily mean that the turbos are leaking, could be a number of areas that a boost leak would trigger 30FF.

I've had 30ff at the Intercooler, charge pipe, canister, etc. Might be worth checking out some other spots before determining that it's actually the turbos.

Yes, it could be as simple as a vacuum leak.

[Edris335i]

Originally Posted by n2siast

The 30FF underboost code you're getting doesn't necessarily mean that the turbos are leaking, could be a number of areas that a boost leak would trigger 30FF.

I've had 30ff at the Intercooler, charge pipe, canister, etc. Might be worth checking out some other spots before determining that it's actually the turbos.

I've replaced all of my vacuum lines, my chargepipe and diverter valves, and I've also paid a shop to inspect everything on the car as I've lost it trying to figure out what my problem is.

[rick100]

it is going to be a pain and you may have to take the guy in a small court to try get some money back. Even so , it is a used car and you did not do your homework. The guy said the turbo's were replaced under warranty which means it was done at a dealer ( NOT JUST some random shop) so you could ve just ask him which dealer and call them to verify the turbo was just replaced, specially if it was "done" last year.

[robthewrench]

And where are you if he did have one or both of the turbos replaced? The warranty is almost always only good to the owner at the time of the replacement and does not transfer to subsequent owners.

While I feel your pain, your path to making someone else cover the cost of a turbo repair or replace will be long and difficult.

I would start by asking him to provide repair documentation and then decide how to proceed after that.

[9krpmrx8]

Small claims court is simple. If you have proof he lied, make him pay for it, simple.

[Edris335i]

Originally Posted by robthewrench

And where are you if he did have one or both of the turbos replaced? The warranty is almost always only good to the owner at the time of the replacement and does not transfer to subsequent owners.

While I feel your pain, your path to making someone else cover the cost of a turbo repair or replace will be long and difficult.

I would start by asking him to provide repair documentation and then decide how to proceed after that.

Yeah I just texted him and asked which BMW dealership both turbos were replaced at and I'm gonna contact the dealership to see if the claim is actually true.

[Edris335i]

Originally Posted by 9krpmrx8

Small claims court is simple. If you have proof he lied, make him pay for it, simple.

That's the plan! Just wanted to make sure I could go through with it

[Efthreeoh]

So you didn't get copies or the original receipts the owner should have had as proof the turbos were replaced? If not, then you have no legal standing. Caveat Emptor actually has legal meaning in contract law. What, if any, sales receipt did you sign? Any time one sells a car as a private party sale, the receipt for the same should state "sold as is". I doubt the PO offered you any warranty.

Buying a car between two private parties is a contract, even if no documents were signed. All the seller needs to show is receipt of funds received and proof of transfer of title to you.