Junior Member, warming up (<31 posts)
Join Date: Apr 2016
Location: Washington, DC
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Ouch! Really sorry to hear about your misfortune. BMWNA used to have such a good reputation for standing behind its vehicles. I guess nothing good lasts forever.
I completely understand that you don't want to sue, and believe me I'm no fan of this country's reputation for people litigating everything at the drop of a hat. That said, I would definitely at least talk to a lawyer about this one. If nothing else, they may be able to compel BMWNA to provide some proof without necessarily starting a lawsuit or racking up a big bill. At $44k for the short block and with the M6 now acting up, I'd personally want to see what a lawyer (or two) has to say. If it does go to suit, my understanding of the Magnusson-Moss Warranty Act is that it provides for reasonable costs and attorney fees. So, it's entirely possible that an attorney would take the case on contingency (they don't get paid unless you win) if they think you have a strong case.
Mods and tunes can be treacherous territory for warranty claims, but it's my understanding that at the bare minimum, BMW has to give you enough information for you to prove that the modifications didn't cause the failure. Doesn't sound like they've even approached that. Best of luck!!
2000 ///M5 - Avus Blue/Caramel
2004 325xi Touring - Silbergrau/Gray