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Discussion starter · #101 ·
They cannot CPO that car. It has been tuned it has had exhaust. The tune has caused damage to the cats according to them.. that is verifiable reason why it cannot be certified without full engine replacement . There is no way to certify the internals are still in proper condition as it should be. The cpo is null/ void. Get compensated and have it fixed elsewhere
I think you're right. It's my understanding that even if the car is reverted to the stock tune, it retains a permanent record of being tuned in the past. I don't think there's a way around this if you want the CPO.
Did you do the original CPO process? lol

Dont worry about it? The car had a tune and destroyed the cats, what do you mean don't worry about it
I'd like to hear some of your ideas based on what should be considered "reasonable" compensation. Keeping in mind I bought a CPO car to avoid this very problem and the extra assurance that comes with it. Them missing the tune is definitely a black eye for them.

Not to mention I feel there is "diminished value" and loss of use (time away). Diminished value comes from the fact that I'll have to disclose all of this to the next buyer which of course will adversely affect the price to a certain degree. And of course the hassle and BS of having to deal with all of this after just spending 330K. What would you want for all of this?
 
Do you know the Cats are destroyed? Are they replacing them due to damage or legal liability. I would bet it's the latter, in which case you can't know that the tune had excess fuel being dumped in it.
 
Discussion starter · #103 ·
Do you know the Cats are destroyed? Are they replacing them due to damage or legal liability. I would bet it's the latter, in which case you can't know that the tune had excess fuel being dumped in it.
They never used the word "destroyed" they spoke only about replacing the cats. Most tuners don't write tunes I'd assume that would destroy an engine/cats that would take a lot. This was done for performance reasons that I couldn't feel anyways. In addition to a 9K tach to look cool or whatever and the excessive pops/crackles.

I never did check the car at night to see if it spit flames. This would be indicative of dumping even more fuel to get the flames to come out the back. I'm sure once Lambo looks at the files they can see how far things were exceeded out of spec. Of course, I'm sure I'll never be told what that is or how they missed the tune in the first place.
 
Newport Beach needs to unwind the deal and give your money back in full or they need to install a brand new engine. That’s the two options I see
I agree with your 2 options, but I think there's a 3rd option which is they give him a reduced value refund (10%-15% of purchase price) and a 3 year extended warranty. That's reasonable
 
I just don’t see how that engine can by warantee. It’s had a Gintani tune which in my honest opinion from years of going to both him and other shops for mods, that is the worst by far. Like bro will dump fuel and does care of its healthy for the car. I had him TT my car. Blew three engines back to back to back. Lasted three weeks. Bro can’t keep a car on the road, they all come back he doesn’t tune right. In fact he probably is the worst tuner of them all. Lolol I am serious . So what I am saying is this. I have three TT v10 and I am boosted , anti lag, flame tunes , and dumping fuel is serious. I do it very very blue moon but when it’s tuned for it in its tune like he does it’s constantly dumping for the burble . That will dilute the oil , which causes huge amounts of wear and tear. Not to mention too unforeseen damage or wear that they cannot guarantee anymore. Trust me you have a big problem on your hands bro

Furthermore, they need to check the TCU also. There is a very good chance he tuned the TCU also for firmer shifts thru adjusting the line pressure.
 
Newport Beach needs to unwind the deal and give your money back in full or they need to install a brand new engine. That’s the two options I see
This is exactly what I said. But @RoyalPink indicated it's an ad personam 1 of 1 spec, so he plans to stick it out since it's not replaceable. But to me, it's still not worth the headache, as the car has been compromised. Having an engine out repair and knowing it was previously tuned causing unknown engine damage immediately diminishes the value. There are other 1 of 1 Performante's out there (maybe not this exact color, but is color more important to you than having a non-story car?). Most people like 1 of 1 cars for perceived added value due to rarity, but this major repair would erase that advantage anyway.

If they think there's no diminished value and you back out of the deal and they do an $80k engine out repair to replace the cats, I'd love to see what they'd be able to sell it for after. I think Lambo is best to refund your money and cut their losses on this car and wholesale it to another dealer to sell as a non-CPO vehicle. It's not worth the repair cost to them nor should it even be eligible for CPO status. I've found this whole situation and suggested resolution to be sketchy at best. But props to you for being willing to stick it out, you must really love this spec.
 
Discussion starter · #108 ·
This is exactly what I said. But @RoyalPink indicated it's an ad personam 1 of 1 spec, so he plans to stick it out since it's not replaceable. But to me, it's still not worth the headache, as the car has been compromised. Having an engine out repair and knowing it was previously tuned causing unknown engine damage immediately diminishes the value. There are other 1 of 1 Performante's out there (maybe not this exact color, but is color more important to you than having a non-story car?). Most people like 1 of 1 cars for perceived added value due to rarity, but this major repair would erase that advantage anyway.

If they think there's no diminished value and you back out of the deal and they do an $80k engine out repair to replace the cats, I'd love to see what they'd be able to sell it for after. I think Lambo is best to refund your money and cut their losses on this car and wholesale it to another dealer to sell as a non-CPO vehicle. It's not worth the repair cost to them nor should it even be eligible for CPO status. I've found this whole situation and suggested resolution to be sketchy at best. But props to you for being willing to stick it out, you must really love this spec.
I have to wait and see when the smoke clears on their end what they will do to make it right. I'm giving them the benefit of the doubt. So we'll see how it shakes out. If I have to refund then I will. I'll still need compensation even for the refund, because of time lost, transport costs, thousands of dollars in parts I ordered, paid insurance and everything else. I need to be made whole and then some. But I'm not going there just yet.
 
I have to wait and see when the smoke clears on their end what they will do to make it right. I'm giving them the benefit of the doubt. So we'll see how it shakes out. If I have to refund then I will. I'll still need compensation even for the refund, because of time lost, transport costs, thousands of dollars in parts I ordered, paid insurance and everything else. I need to be made whole and then some. But I'm not going there just yet.
Very calm, rational, logical response from you. You're handling it a lot better than I would. I think a lot of us are big fans of these cars so we're frustrated with the situation and how it has undermined the notoriously 'stringent' CPO process and misrepresented the car that you paid good money for. We hold Lambo to a higher standard so we expect them to make you whole.

Guess we can't judge their response until the smoke clears like you said, but the arguments for engine replacement do hold a lot of merit if they do wish to CPO this car. Since the engine needs to come out anyway, I'm surprised it's not being considered (but part of me thinks they are replacing it and maybe didn't explain that to you properly, hence the outrageous $80k quote). I can't fathom an 80k repair for cat replacement even with labor for the engine removal. If you receive a quote with the cost breakdown for the repair work, please share.

What's the next step? Any date scheduled for Newport to pick up the car yet?
 
Discussion starter · #110 ·
Very calm, rational, logical response from you. You're handling it a lot better than I would. I think a lot of us are big fans of these cars so we're frustrated with the situation and how it has undermined the notoriously 'stringent' CPO process and misrepresented the car that you paid good money for. We hold Lambo to a higher standard so we expect them to make you whole.

Guess we can't judge their response until the smoke clears like you said, but the arguments for engine replacement do hold a lot of merit if they do wish to CPO this car. Since the engine needs to come out anyway, I'm surprised it's not being considered (but part of me thinks they are replacing it and maybe didn't explain that to you properly, hence the outrageous $80k quote). I can't fathom an 80k repair for cat replacement even with labor for the engine removal. If you receive a quote with the cost breakdown for the repair work, please share.

What's the next step? Any date scheduled for Newport to pick up the car yet?
Car arrived on Monday afternoon to Newport Beach. Tennis ball is my car so it's in the shop at the moment. I'm using an AirTag. I should hear something tomorrow if not by the weekend for sure I'd imagine.

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I'd like to hear some of your ideas based on what should be considered "reasonable" compensation.
6120Perf makes some excellent points in his ( I presume !) 2 previous posts.

Compensation has to be substantial surely?

How much discount would you have expect* if you were the next buyer of this car and were fully aware of it's tune / engine out / new cats history ?

( * % reduction over like-for-like but completely stock)

Then add to that number for the inconvenience you've had to put up with & expense you've already incurred ... add 10% and there's your starting point for compensation.

What makes this tricky is that you really like, and want to keep this car.

It puts you on the back foot straight away.

Ideally you'd be in the mindset that you will walk unless you get $x .. take the emotion out of it... but yeah I get it ... easier said than done sometimes.
 
6120Perf makes some excellent points in his ( I presume !) 2 previous posts.

Compensation has to be substantial surely?

How much discount would you have expect* if you were the next buyer of this car and were fully aware of it's tune / engine out / new cats history ?

( * % reduction over like-for-like but completely stock)

Then add to that number for the inconvenience you've had to put up with & expense you've already incurred ... add 10% and there's your starting point for compensation.

What makes this tricky is that you really like, and want to keep this car.

It puts you on the back foot straight away.

Ideally you'd be in the mindset that you will walk unless you get $x .. take the emotion out of it... but yeah I get it ... easier said than done sometimes.
Agreed. I think reviewing this thread would also be valuable in terms of the mechanics behind a successful diminished value and 'loss of use' claim in the state of California:


To me, the loss of use is a big one. You're looking at some significant downtime (through no fault of your own/their negligence) of being unable to drive the exotic car you paid good money for. If you review that thread, you'll see the owner in that situation obtained prices for local Huracan (STO) rentals and factored that into his claim. Now Lamborghini being Lamborghini has an opportunity to provide a Lamborghini loaner vehicle of similar status if it's agreeable to you. But if not, you should be compensated accordingly. We'll see what they offer, but if they're unwilling to budge in that regard, you may have some legal recourse. Might be worthwhile speaking to a diminished value professional off the record about your case to start to document this.

And note point number 1 which I think is hugely important: what do you have in writing right now? It sounds to me like your information is entirely from phonecall conversations with dealership employees at this point, which is less than ideal. I know you want to give Lamborghini the benefit of the doubt to make things right before you do anything, but there's a lot of money at stake and you also need to protect yourself in this situation should their resolution offer not be favorable to you. Start requesting communication be written so you can establish a paper trail.
 
Discussion starter · #113 ·
Agreed. I think reviewing this thread would also be valuable in terms of the mechanics behind a successful diminished value and 'loss of use' claim in the state of California:


To me, the loss of use is a big one. You're looking at some significant downtime (through no fault of your own/their negligence) of being unable to drive the exotic car you paid good money for. If you review that thread, you'll see the owner in that situation obtained prices for local Huracan (STO) rentals and factored that into his claim. Now Lamborghini being Lamborghini has an opportunity to provide a Lamborghini loaner vehicle of similar status if it's agreeable to you. But if not, you should be compensated accordingly. We'll see what they offer, but if they're unwilling to budge in that regard, you may have some legal recourse. Might be worthwhile speaking to a diminished value professional off the record about your case to start to document this.

And note point number 1 which I think is hugely important: what do you have in writing right now? It sounds to me like your information is entirely from phonecall conversations with dealership employees at this point, which is less than ideal. I know you want to give Lamborghini the benefit of the doubt to make things right before you do anything, but there's a lot of money at stake and you also need to protect yourself in this situation should their resolution offer not be favorable to you. Start requesting communication be written so you can establish a paper trail.
Update: I'm fine until I start thinking about the car and then my blood starts to boil. So I called them for an update. Yes, I had to call them. They are reflashing the car and will send the files to Lambo after that to see if the reflash is acceptable to Lambo HQ and drive the car tomorrow when it's not raining. Now I'm told that the "engine and gearbox software update" has to be done as part of the reflash and would need to be done anyways in order to CPO the car.

Even though I was told it didn't need to be done, but the service manager said yes and it should have been done the first time but wasn't. I think at the end of the day he just wants the car gone and out of his hair. As I have stated before I'll have to wait to get the car back and see what Lambo is going to offer me. It will be something I'm sure.

Truth be told if they don't have to do an engine out and replace the cats and think all is good after a reflash then that's fine with me. Of course they'll need to add some extra helpings of compensation with that. Still can't believe it.
 
Update: I'm fine until I start thinking about the car and then my blood starts to boil. So I called them for an update. Yes, I had to call them. They are reflashing the car and will send the files to Lambo after that to see if the reflash is acceptable to Lambo HQ and drive the car tomorrow when it's not raining. Now I'm told that the "engine and gearbox software update" has to be done as part of the reflash and would need to be done anyways in order to CPO the car.

Even though I was told it didn't need to be done, but the service manager said yes and it should have been done the first time but wasn't. I think at the end of the day he just wants the car gone and out of his hair. As I have stated before I'll have to wait to get the car back and see what Lambo is going to offer me. It will be something I'm sure.

Truth be told if they don't have to do an engine out and replace the cats and think all is good after a reflash then that's fine with me. Of course they'll need to add some extra helpings of compensation with that. Still can't believe it.
Yeah I mentioned this earlier cause this is exactly what my local Lambo dealer told me - that all outstanding campaigns (including software update) needed to be performed before the car could achieve CPO status. Before I found my car, I was looking at another Performante at Lamborghini Toronto that was in the process of being CPO'd. It didn't have the software update performed yet and I specifically asked if I could buy it without it being done, and they said no way, all service campaigns must be completed. Which makes total sense.

That's why I was very surprised when Newport told you otherwise, as it contradicts what two other Lambo dealers told me. They should all be consistent if Lamborghini headquarters is overseeing the CPO process. That's what makes me think Newport takes shortcuts and doesn't follow the factory standard. How your car was allowed to be certified and delivered to you with an outstanding campaign (aka the software update not being completed), is beyond me. The whole situation is just odd.
 
Discussion starter · #115 ·
Yeah I mentioned this earlier cause this is exactly what my local Lambo dealer told me - that all outstanding campaigns (including software update) needed to be performed before the car could achieve CPO status. Before I found my car, I was looking at another Performante at Lamborghini Toronto that was in the process of being CPO'd. It didn't have the software update performed yet and I specifically asked if I could buy it without it being done, and they said no way, all service campaigns must be completed. Which makes total sense.

That's why I was very surprised when Newport told you otherwise, as it contradicts what two other Lambo dealers told me. They should all be consistent if Lamborghini headquarters is overseeing the CPO process. That's what makes me think Newport takes shortcuts and doesn't follow the factory standard. How your car was allowed to be certified and delivered to you with an outstanding campaign (aka the software update not being completed), is beyond me. The whole situation is just odd.
UPDATE: Lambo Newport called and said the reflash worked. Next step is to send those readings to Italy for them to make a determination by looking at them if the cats needs to be replaced and/or having the dealer inspect them with a borescope.

I also instructed them not to ship the car back when it's done until I talk to Lamborghini. I've made the decision if they aren't going to take care of me for all of this, I will return the car for a refund. I don't want the car brought back to me until this is settled.
 
UPDATE: Lambo Newport called and said the reflash worked. Next step is to send those readings to Italy for them to make a determination by looking at them if the cats needs to be replaced and/or having the dealer inspect them with a borescope.

I also instructed them not to ship the car back when it's done until I talk to Lamborghini. I've made the decision if they aren't going to take care of me for all of this, I will return the car for a refund. I don't want the car brought back to me until this is settled.
Smart. So hypothetically, if they determine the cats are fine and the reflash cleared the errors, so no "engine out repair" needed, what would be adequate compensation? maybe a 2 or 3 year extended warranty coverage?
 
Smart. So hypothetically, if they determine the cats are fine and the reflash cleared the errors, so no "engine out repair" needed, what would be adequate compensation? maybe a 2 or 3 year extended warranty coverage?
Good question. That's my guess is they're gonna come back and say everything is fine now that it's reflashed back to stock and the software is updated. There may not even be a compensatory offer. There's no way to prove whether any internal engine damage resulted from the tune without proper disassembly and inspection.
 
Highly doubtful they'll offer a full refund.
Never know I guess. Just have to trust them when they say the car is fine and go enjoy. I'd just be ready to get this all behind me.

V.
 
Highly doubtful they'll offer a full refund.
Never know I guess. Just have to trust them when they say the car is fine and go enjoy. I'd just be ready to get this all behind me.

V.
I would think they would since technically the car was misrepresented to him and thus purchased under false pretenses. This was not the CPO vehicle that he paid for. They should unwind the deal based on their mistake, especially for a long-term loyal customer. If they don't, I'm very confident a legal threat would certainly turn things around quickly, as you have a strong case. I would think Lamborghini wants to settle this as quickly and quietly as possible, as mentioned previously, this puts a black eye on their entire CPO process.

I think the refund on the purchase will be doable, but I'm not sure if the OP will get any compensation beyond that. I hope I'm wrong.
 
Discussion starter · #120 ·
I would think they would since technically the car was misrepresented to him and thus purchased under false pretenses. This was not the CPO vehicle that he paid for. They should unwind the deal based on their mistake, especially for a long-term loyal customer. If they don't, I'm very confident a legal threat would certainly turn things around quickly, as you have a strong case. I would think Lamborghini wants to settle this as quickly and quietly as possible, as mentioned previously, this puts a black eye on their entire CPO process.

I think the refund on the purchase will be doable, but I'm not sure if the OP will get any compensation beyond that. I hope I'm wrong.
Didn't hear anything today about the cats from Italy, so hopefully it will be tomorrow. I look at it this way. Had the car been for sale on the lot as a car with an aftermarket exhaust/tune and no CPO obviously. I feel it would have been priced 20k less. So more like 290k instead of 310k.

Notwithstanding, I feel I'm owed that 20k because of diminished value and I'll have to disclose all of this to the next buyer. I also want two years additional warranty with maintenance to be included also. They need to stand behind their recent work and assumption all is okay. When you make a mistake in business you have to pay and they made a big mistake. My car has been gone for going on three weeks also right now. I feel this is more than fair and really not asking for anything over and above considering the extreme inconvenience and hassle of all of this
 
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