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Discussion Starter · #1 ·
I just bought a 2018 hellcat in California from a Lexus dealership, and they claimed to have smogged it before selling it to me. But I’m at the Dodge dealership and they are saying the car has an aftermarket tune on it that may void the power train warranty should anything happen in the future. In California you can’t even pass smog with an aftermarket tune anymore, so I believe they lied to me and possibly committed fraud. How would you guys and girls proceed with this matter?
 

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I don't know how California works but here in Arizona a selling dealer has to prove the car passes emissions before they can sell it however that only means plugging into the OBD port and making sure there are no faults and all monitors are ready on OBD2 equipped cars. I guess if it were me I would get all the documentation that it infact has a tune you can from the Dodge dealer and confront the Lexus Dealer.
 

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Discussion Starter · #3 ·
I don't know how California works but here in Arizona a selling dealer has to prove the car passes emissions before they can sell it however that only means plugging into the OBD port and making sure there are no faults and all monitors are ready on OBD2 equipped cars. I guess if it were me I would get all the documentation that it infact has a tune you can from the Dodge dealer and confront the Lexus Dealer.
Thank you, I definitely will do that
 

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1. Did it pass the smog test? 2. The warranty and smog test are two different things. 3. You may have bought a car with a tune that can still pass the smog test. 4. If they didn't know/claim it had a tune, that may be on you. 5. Any guarantee/warranty?
 

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Discussion Starter · #5 ·
1. Did it pass the smog test? 2. The warranty and smog test are two different things. 3. You may have bought a car with a tune that can still pass the smog test. 4. If they didn't know/claim it had a tune, that may be on you. 5. Any guarantee/warranty?
The car is supposed to still have the factory warranty, but the dodge dealer says it may be voided in the future if something happens that was caused by the tune. In California an aftermarket tune is an automatic fail as of last year , so they had to have known about it if they smogged it like they claimed
 

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I do recall reading about that new law as of last year in CA where if it has any aftermarket tune, it is an auto failure, unless said manufacturer had gone through the trouble of having it certified (which I'm not aware any have). Having "just bought" this from the Lexus dealer, who must have known this and failed to disclose it, did you get any type of warranty from the Lexus dealer upon purchase? You may want to consult an attorney about going after them if they refuse to correct the issue. At the very least, it'd entail getting a new factory computer and paying a Mopar dealer to re-flash it with correct VIN and factory tune if you want to pass CA smog and stay legal.
 

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Discussion Starter · #9 ·
I do recall reading about that new law as of last year in CA where if it has any aftermarket tune, it is an auto failure, unless said manufacturer had gone through the trouble of having it certified (which I'm not aware any have). Having "just bought" this from the Lexus dealer, who must have known this and failed to disclose it, did you get any type of warranty from the Lexus dealer upon purchase? You may want to consult an attorney about going after them if they refuse to correct the issue. At the very least, it'd entail getting a new factory computer and paying a Mopar dealer to re-flash it with correct VIN and factory tune if you want to pass CA smog and stay legal.
I requested the smog inspection form and they provided it. It passed smog with no issues on their end so I assume there’s no aftermarket tune at this time. But dodge claims the p1400 code is permanent in the BCM so it might have been restored before previous owner sold it to the dealership. But I don’t know where that leaves me as far as warranty should any work need to be done in the future. Dodge claims it’s not automatically voided, but they would run a diagnostic in the future if I brought it in for warranty work to see if it’s within oem parameters before approving a claim.
 

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Discussion Starter · #11 ·
I do recall reading about that new law as of last year in CA where if it has any aftermarket tune, it is an auto failure, unless said manufacturer had gone through the trouble of having it certified (which I'm not aware any have). Having "just bought" this from the Lexus dealer, who must have known this and failed to disclose it, did you get any type of warranty from the Lexus dealer upon purchase? You may want to consult an attorney about going after them if they refuse to correct the issue. At the very least, it'd entail getting a new factory computer and paying a Mopar dealer to re-flash it with correct VIN and factory tune if you want to pass CA smog and stay legal.
The Lexus dealer said that the vehicle is still under factory warranty through dodges various warranties when the vehicle was sold to me. So from a legal standpoint I would say they sold the car to me still under valid warranty. Should there be any discrepancies between myself and dodge as far as warranty would they obligated to make sure my car is repaired free of charge to me?
 

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Discussion Starter · #13 ·
Unless you have documents proving warranties & smog test, what "the Lexus dealer said" means squat.
Most dealers wash their hands after the sale of a trade-in unless you buy THEIR warranty.
I have the smog inspection sheet as well as the window sticker stating the car is still under manufacturer warranty. It’s basically in writing as that was how the car was advertised for sale
 

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Sounds legit (If it's the original factory window sticker & not those dealer ones that are repros)
Maybe your Dodge dealer is pissed you didn't buy from him so you're getting the 'warning' that he won't honor warranty work.
If the car's fine don't sweat it, and find a different dealer if you need work.
FCA should be able to provide the original warranty papers if you ask.
 

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Discussion Starter · #15 ·
Sounds legit (If it's the original factory window sticker & not those dealer ones that are repros)
Maybe your Dodge dealer is pissed you didn't buy from him so you're getting the 'warning' that he won't honor warranty work.
If the car's fine don't sweat it, and find a different dealer if you need work.
FCA should be able to provide the original warranty papers if you ask.
yeah the car is running A1, and the dealership has great reviews that I went to. It’s definitely not a repo, it was a dodge showroom car for 2 years prior to the first owner who was some rich guy with over 150 cars in his collection so it’s basically just been stored for the most part. They were showing me pics of the guy with his car collection at the Lexus dealer. He was good friends with the general manager there. I don’t have any reason to believe they sold me a lemon or anything l. I just want to be covered should something happen to the car in the future
 

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Discussion Starter · #16 ·
Sounds legit (If it's the original factory window sticker & not those dealer ones that are repros)
Maybe your Dodge dealer is pissed you didn't buy from him so you're getting the 'warning' that he won't honor warranty work.
If the car's fine don't sweat it, and find a different dealer if you need work.
FCA should be able to provide the original warranty papers if you ask.
I’ll definitely be dealing with a different dealership in the future. I kind of got a vibe from him that he was trying to be a dick, in a passive aggressive way though. He probably was trying to get me to return the car and buy one from them🤷🏻
 

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When it comes to Calif smog they are out of control. Sadly, I reside in Calif. I bought a new 2022 SPWB out of state. Calif required I have a new vehicle get a smog cert before I could register the vehicle. Something else I learned. There are two configurations for emissions which come right off the plant assembly line. One is a 49 state emission, which Calif will refuse to register. Good in all other states except, you guessed it Calif. No appealing it, no nothing, your car but you're not registering it in California. The other is a 50 state emission which includes Calif. This is required on all new vehicles purchased in Calif. I purchased mine for a dealership in Arizona and this particular dealer sells a boatload for cars to people who live in Calif. So, when they order cars they have the 50 state emissions. It was worth the hassle as I got it under MSRP. In 2022, in California had insane markups over MSRP.
 
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