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      11-16-2018, 12:18 PM   #1
dealpapa
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anybody knows what is going on with the BMW N20 AND N26 ENGINE LAWSUIT right now?

BMW N20 AND N26 ENGINE LAWSUIT BLAMES TIMING CHAINS
BMW owners file timing chain lawsuit alleging N20 and N26 engines fail prematurely.
By David A. Wood, CarComplaints.com Posted in News
BMW N20 and N26 Engine Lawsuit Blames Timing Chains
December 4, 2017 — A BMW N20 and N26 engine lawsuit alleges the timing chains cause total failure of the engines that can only be repaired by replacing the direct injection turbocharged engines that can cost up to $22,000.

The proposed BMW class-action lawsuit includes consumers who own or lease, or formally owned or leased 2012-2015 BMW E84 (X1), E89 (Z4), F10 (5 Series), F25 (X3) and F30 (3 Series) vehicles equipped with N20 and N26 engines.

According to the lawsuit, the vehicles are built with defective primary and secondary chain assemblies that cause acceleration problems and catastrophic engine failure.

All the named plaintiffs tell stories of problems with their BMW vehicles, with one saying he purchased a used 2013 BMW X3 28i from a New Jersey dealership for about $27,000. On October 12, 2017, when the vehicle had 83,000 miles, the plaintiff says he heard a knocking noise coming from the engine and then couldn't get the vehicle re-started.

The plaintiff says he saw marks on the loose timing chain, causing him to pay $7,000 to have a used engine put in the vehicle.

The plaintiffs describe the primary chain as the timing chain that is used to connect the camshafts and crankshaft, causing the valves in the engine’s combustion chambers to open and close. But when the primary chain assembly fails, the teeth on the chain sprocket skips and the camshafts and crankshaft aren't synchronized.

The lawsuit alleges the plastic guide for the timing chain is made with a defective polycarbonate composition that causes the guide to break apart and lodge in the crankshaft drive sprocket, causing the chain to damage the engine.

As for the secondary chain, the lawsuit says it connects the oil pump and balance shaft assemblies to the crankshaft, but due to allegedly defective materials, the chain elongates and damages the sprocket.

According to the plaintiffs, the owner's manuals don't contain requirements to inspect or maintain the primary and secondary chain assemblies even though the manuals include maintenance schedules for the vehicles up to 150,000 miles. The lawsuit alleges this indicates BMW didn't expect the timing chain problems or the engines that prematurely fail.

The automaker allegedly concealed the timing chain problems even though BMW allegedly knew about the defects in 2012, something that would have prevented the plaintiffs from buying the vehicles.

The BMW N20 and N26 engine lawsuit was filed in the U.S. District Court for the District of New Jersey - Chris Williams, et al., v. BMW of North America, LLC, et al.
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      11-16-2018, 01:17 PM   #2
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i have not heard anything, however BMW have extended warranties on certain cars, there is a thread on how to check for this. It expires at 7 yrs / 70,000 miles.

I will be getting mine inspected before then to make sure, if all is good, will be keeping eyes peeled for the court case mentioned.

I suspect this court case might force BMW's hand, into a recall at some stage.

just found this:

A federal judge recently trimmed claims in a consolidated BMW engine defect class action, but ruled that the automaker cannot escape the suit entirely.

U.S. District Judge William H. Walls partially granted and partially denied BMW’s motion to dismiss claims that it sold vehicles with a known engine defect.

Judge Walls dismissed allegations of negligent misrepresentation as well as several individual claims from plaintiffs who he deemed did not have standing to sue.

However, the court kept most of the plaintiffs’ claims for breach of warranty, consumer fraud, and unjust enrichment.

The consolidated BMW engine defect class action includes allegations from 21 vehicle owners who filed their own individual BMW class action lawsuits prior to consolidation.

The plaintiffs allege that the automaker concealed problems with their model year 2012-2015 vehicles with N20 and N26 direct injection turbocharged engines. A variety of vehicles are affected by the alleged defects including certain X3 SUVs, 528xi sedans, and 328i sedans.

The BMW class action lawsuit also take issue with BMW’s warranty policies. The automaker allegedly provided consumers with a express warranty lasting four years or 50,000 miles.

However, plaintiffs claim that BMW knew that the warranty wasn’t sufficient considering the engine defects plaguing the vehicles. The BMW class action alleges that the warranty should have lasted 150,000 miles or 10 years.

Judge Walls determined that allegations for breach of express warranty can be allowed to advance due to sufficiently detailed arguments brought by the plaintiffs.

“Given both plaintiffs’ relative lack of power and sophistication and allegations that BMW purposefully manipulated the warranty provision through their superior knowledge, plaintiffs have sufficiently [pled] an express warranty claim,” Judge Walls determined.

Vehicle owners in the BMW class action have allegedly spent thousands of dollars attempting to fix the BMW engine defect problems.

Out of pocket repairs for the issues have ranged from $4,500 to $22,000, motivating the plaintiffs’ fight to hold BMW accountable.

Plaintiffs and their counsel are reportedly satisfied with Judge Walls’ ruling and are ready to move forward with litigation.

“I get contacted regularly from consumers that have been victims of this problem asking, ‘What’s the next step?’ and now we’ve reached the next step,” plaintiff counsel said in a statement to Law 360. “It’s important when you look at things in terms of dollars and cents, and the problem with these vehicles’ timing chains and engine failures, it can be a real profit center for a manufacturer when you can charge $15,000 for an engine failure.”

Plaintiffs in the BMW engine defect class action seek to represent a nationwide Class of consumers affected by the problem as well as several subclasses for states such as New Jersey, Illinois, Florida, Utah, New York, Colorado, Texas, Alabama, Oklahoma, Massachusetts, California, Wisconsin, Oregon and North Carolina.

The BMW owners are represented by Joseph R. Santoli, Gary S. Graifman and Jay I. Brody of Kantrowitz Goldhamer & Graifman PC; Bruce H. Nagel and Randee M. Matloff of Nagel Rice LLP; and Thomas P. Sobran of Thomas P. Sobran PC.

The BMW Engine Defect Class Action Lawsuit is Gelis, et al. v. Bayerische Motoren Werke Aktiengesellschaft, et al., Case No. 2:17*-cv-07386, in the U.S. District Court for the District of New Jersey

Last edited by 94vtirozguy; 11-16-2018 at 01:23 PM..
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      11-19-2018, 08:23 AM   #3
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You know why there's no lawsuit? Because BMW extended the warranty.
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      12-21-2018, 01:09 PM   #4
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Angry X3 2013 28i Engine failure

My X3 28i was at 82,000 miles. I've been pro-active with maintenance and always serviced my car at BMW. All systems were "OK" previous to heading into the Mountains. While passing a car at 65 MPH heading up a mountain curve, my car lost all power, went into neutral coasting mode. I thankfully was able to pull over. Once car was stopped, it went into Park. I though maybe I could turn it off and restart it. As I pressed the button to turn off, the car said "caution, turning car off, car might not restart." I then tried to just get the car into Drive or Reverse or Neutral. Nothing was working. The car was stuck in park. The tow driver could not manually get it to move, or even jump start it (the car would not even turn off, and so battery was close to dying after we were abandoned for 4 hours on side of a mountain road). The first service center said the engine oil looked fine (no coolant or debris in oil which could have been a cause to an engine failure). They recommended a new engine yet had no reason for this happening. They suggested maybe BMW service could find the cause. I paid over $200 to get my car towed to a BMW service center and they said the same thing. Unless they did a serious investigation in taking the engine apart, no way to tell why the engine seized. They agreed I've taken care of it, and it did not show any cause on my end. I found many articles about BMW engine failures, and how this specific N20 engine in my year of car had a poor design and how BMW hasn't been doing all the recalls that they should be doing. I took the high road before starting to engage in social media and reached out to BMW customer relations. They opened a case and it took them six business days to get me a half-asses attempt to help me. They admitted my car has an extended warranty on the oil feed line to turbo charger (which some mechanics have found this to be a cause for this engine to fail, and it makes sense, since when I was in turbo mode is when my car failed). I have an extended warranty up to 10 years or 100K miles, so my car should be covered. The Executive case worker who gave me the half-assed news told me: well, if you want to have the repair shop break the engine down and find that to be the cause, you can resubmit the information and maybe more could be covered." I'm EXTREMELY disappointed that a company who has so many claims against them for this exact cause on my exact engine wants to only help me out half way. I still owe more than the car is worth. I have to put more money into a car if I want it to even drive. I've been without a car for two weeks now, and I'm just getting an answer that they'll help out 50% of the way. I've already shared this news with a few execs I work with and they have told me "hmm, I've always been a fan of BMW, I"m surprised they aren't taking accountability." This is my first time writing on this matter and I first wanted to see what they'd offer me as a solution. Their half-assed solution leads me to have boiling blood, it's 100% unethical in my opinion. I see all sorts of legal groups learning enough to have cases opened on this. I wonder if anyone has more information on all the groups I can connect with to know which law group I should jump into?

Last edited by Aaamanda; 08-21-2020 at 11:34 PM..
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      12-21-2018, 02:53 PM   #5
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Very unfortunate situation regards your car's engine failure. I can't steer you regarding the class action lawsuit, but I have a couple of thoughts to offer based on what I would likely do were I in your situation:

- Read your extended warranty documents and understand specifically what is covered and how reimbursement is calculated regards engine 'failure'. If you don't feel you fully understand the coverage details, find a person (attorney, etc.) who can explain it to you. You may learn that BMW has made a fair offer, or you many find that the engine should be replaced at NO COST to you, etc.

- Document the specifics of what occurred when the car's motor failed and actions taken after that time. Gather all documentation regarding the car's service history along with any recent documents (emails, etc.) you've received from BMW on this matter. Write to BMW North America and get them into the loop (I'm presuming that at this point you are dealing with a local BMW Dealership?) and explain your case: i.e. why they should replace the motor, etc. at their expense - assuming that's what the warranty supports.

I personally don't feel blasting BMW on 'social media' is of much value in terms of achieving positive end results (new motor on BMW's nickel).

Best of luck/Bill
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      12-21-2018, 04:23 PM   #6
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quick google search:

THIS COMMUNICATION MAY BE CONSIDERED LEGAL ADVERTISING

Has your BMW vehicle equipped with the N20 / N26 engine experienced a premature timing chain or oil pump drive chain failure outside of the limited power train warranty period? BMW rejects most requests for post warranty repair assistance for these component failures. Unanticipated engine timing chain or oil pump drive chain failure constitutes a serious safety hazard particularly on limited access highways and may result in extensive engine damage.

A group of law firms with extensive class action automotive litigation experience recently filed a class action against Bayerische Motoren Werke Aktiengesellschaft and BMW of North America, LLC seeking an extended warranty for the N20 / N26 engine timing chain and oil pump drive chain together with reimbursement of costs associated replacement of these components outside of the manufacuturer’s warranty. There is no charge to participate in this litigation. We are currently working with Canadian class action lawyers filing parallel proceedings in the various provinces. For further information, please email tsobran@sobranlaw.com or call (781) 741-6075 from 8 AM to 6 PM EST.
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      12-22-2018, 12:49 AM   #7
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Well that's fake news. BMW has an extended warranty on all 2013 N20 timing chains. 1 out of 25,000 are affected. If it hasn't failed by 75,000mi it's not going to fail due to the defect.
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      01-17-2019, 08:39 PM   #8
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My X3 didn't get extended warranty. Engine failed at 53K
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      01-19-2019, 01:42 AM   #9
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Quote:
Originally Posted by Aaamanda View Post
My X3 28i was at 82,000 miles. I've been pro-active with maintenance and always serviced my car at BMW. All systems were "OK" previous to heading into the Mountains. While passing a car at 65 MPH heading up a mountain curve, my car lost all power, went into neutral coasting mode. I thankfully was able to pull over. Once car was stopped, it went into Park. I though maybe I could turn it off and restart it. As I pressed the button to turn off, the car said "caution, turning car off, car might not restart." I then tried to just get the car into Drive or Reverse or Neutral. Nothing was working. The car was stuck in park. The tow driver could not manually get it to move, or even jump start it (the car would not even turn off, and so battery was close to dying after we were abandoned for 4 hours on side of a mountain road). The first service center said the engine oil looked fine (no coolant or debris in oil which could have been a cause to an engine failure). They recommended a new engine yet had no reason for this happening. They suggested maybe BMW service could find the cause. I paid over $200 to get my car towed to a BMW service center and they said the same thing. Unless they did a serious investigation in taking the engine apart, no way to tell why the engine seized. They agreed I've taken care of it, and it did not show any cause on my end. I found many articles about BMW engine failures, and how this specific N20 engine in my year of car had a poor design and how BMW hasn't been doing all the recalls that they should be doing. I took the high road before starting to engage in social media and reached out to BMW customer relations. They opened a case and it took them six business days to get me a half-asses attempt to help me. They admitted my car has an extended warranty on the oil feed line to turbo charger (which some mechanics have found this to be a cause for this engine to fail, and it makes sense, since when I was in turbo mode is when my car failed). I have an extended warranty up to 10 years or 100K miles, so my car should be covered. The Executive case worker who gave me the half-assed news told me: well, if you want to have the repair shop break the engine down and find that to be the cause, you can resubmit the information and maybe more could be covered." I'm EXTREMELY disappointed that a company who has so many claims against them for this exact cause on my exact engine wants to only help me out half way. I still owe more than the car is worth (also another common thing for BMW's is the value depreciates so extremely much after 50K miles, it's common to be upside down in this car) and now I have to put more money into a car if I want it to even drive. I've been without a car for two weeks now, and I'm just getting an answer that they'll help out 50% of the way. I've already shared this news with a few execs I work with (I"m an executive recruiter) and they have told me "hmm, I've always been a fan of BMW, I"m surprised they aren't taking accountability." Of course, most people with a lot of money don't typically have over 60K miles on their cars. They have money to pay for newer models. People like me, who have always wanted a BMW and can finally afford one (well be car poor) comes into a situation like this, this is how they treat an X3 owner. I have enough social media connections to really blow BMW up this matter. This is my first time writing on this matter and I first wanted to see what they'd offer me as a solution. Their half-assed solution leads me to have boiling blood, it's 100% unethical in my opinion. I see all sorts of legal groups learning enough to have cases opened on this. I wonder if anyone has more information on all the groups I can connect with to know which law group I should jump into?
Where did you buy your car? Also, have they established what the single point of failure was?
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      02-12-2019, 01:21 PM   #10
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87,000 miles engine failure

Quote:
Originally Posted by Riick View Post
Well that's fake news. BMW has an extended warranty on all 2013 N20 timing chains. 1 out of 25,000 are affected. If it hasn't failed by 75,000mi it's not going to fail due to the defect.
This is absolutely WRONG. My vehicle had 87K when it went. I personally know of another affected at 91K and there are many others with the same symptoms that went after the 75K.
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      02-12-2019, 01:28 PM   #11
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My timing chain is failing now, car is at the indy shop and I am trying to decide what to do. It is a 2013 with 120k miles on it, I bought it new. BMW NA said they will not do anything. I am waiting to hear from the dealer but I am sure they will say the same.

$3000 to replace the chain if the engine is not scored. $8000 if it needs a 'new' used engine.
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      02-14-2019, 12:55 PM   #12
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does this only affect F25 2 liters?

didn't they use this engine in 1, 3 and 5 series as well?
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      02-15-2019, 07:58 AM   #13
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Quote:
Originally Posted by Riick View Post
Well that's fake news. BMW has an extended warranty on all 2013 N20 timing chains. 1 out of 25,000 are affected. If it hasn't failed by 75,000mi it's not going to fail due to the defect.
This is absolutely false.
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      02-15-2019, 10:49 AM   #14
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Quote:
Originally Posted by Riick View Post
Well that's fake news. BMW has an extended warranty on all 2013 N20 timing chains. 1 out of 25,000 are affected. If it hasn't failed by 75,000mi it's not going to fail due to the defect.
Care to back this up with a link or two?
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      02-15-2019, 09:55 PM   #15
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Guys, Riick has been banned. He's not coming back to respond to you.

And yes, his statement in here is garbage.
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      02-16-2019, 12:07 PM   #16
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My 2013 engine also failed at 84,000 miles. The Shrewsbury, MA BMW ($16,000 engine replacement); Hartford, CT BMW($10,400 engine replacement); Cicero, NY BMW where I bought it (referred me to BMW, NA). They all said I'm out of warranty and tough luck. BMW, NA wanted me to get a second diagnosis and no reimbursement by third party. I already purchased a 2014 26k mile engine replacement. I didn't have time to waste and paid the $7000 for replacement.

What is the history of the 2014 X3 engines?
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      02-17-2019, 09:07 PM   #17
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For those of you who have dealt with this issue, were there any warning signs at all?
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      02-18-2019, 08:41 PM   #18
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Quote:
Originally Posted by Taoster View Post
For those of you who have dealt with this issue, were there any warning signs at all?
You may hear a high-pitched whining noise prior to failure as discussed at the link below.

http://bmwtechnician.com/2016/08/07/...g-chain-issue/
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      02-19-2019, 09:33 AM   #19
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Quote:
Originally Posted by its4kito View Post
My 2013 engine also failed at 84,000 miles. The Shrewsbury, MA BMW ($16,000 engine replacement); Hartford, CT BMW($10,400 engine replacement); Cicero, NY BMW where I bought it (referred me to BMW, NA). They all said I'm out of warranty and tough luck. BMW, NA wanted me to get a second diagnosis and no reimbursement by the third party. I already purchased a 2014 26k mile engine replacement. I didn't have time to waste and paid the $7000 for replacement.

What is the history of the 2014 X3 engines?


I have a 2014 X3 28i. I do know that my car is under that extended warranty.
As far as I know, all engines manufactured before (I think) 02/2015 are under that warranty. I have 53k miles. No issues so far. No noises. But...
I don't think I'll keep the car after warranty unless BMW will fix it before.
Also, I'd like to share my last experience with BMW CPO "warranty"...
I have my CPO till 12/2019. This is my 4th BMW and I'm really thinking it might be the last.
A couple weeks ago while changing my oil I took all under covers off just to inspect everything that could be visible for any issues.
I found a small oil leak that looks like is coming from between the motor and transmission. Oil pan gasket seems dry everywhere. So it's not a good sign.
Transfer case(box) was also covered with fluid but I couldn't really see where it was coming from. So I took a bunch of pics, send them to my dealer and scheduled an appointment thinking while it's under CPO they'd fix those leaks to prevent transfer case or engine issues in case those leaks will become worse. Man, I was wrong.
Those were not leaks but "seepage". And "seepage" is not covered by CPO.
Only when it'll start leaking they can look at it again. They put a dye into the motor and transfer case and told me to come back in 200 miles or so.
My adviser smiled when he saw my face and just said: "yes I understand but..." So this "seepage" will more than likely go beyond 12/2019 and then it will become a real issue for lots of $$$$ repair.
Have anybody seen a document from BMW " What CPO doesn't cover"?
I have. CPO is nothing but a marketing move to sell more used cars for more.
My advice to everybody to have a CPO car inspected either by INDY or yourself before you go for it. I think that most CPO's with low mileage are not even being looked at. Brakes and tires maybe. And even if they did and tech made a mistake or skipped something...oh well, not their problem.

Sorry for the long post....
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      02-19-2019, 11:02 AM   #20
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Post your oil seepage pics, our panel of unbiased shade tree mechanics will chime in with feedback if you're interested.

A little oil goes a long way, in an ideal World no gasket, seal, etc. ever leaks a drop- we are unfortunately not quite there yet.
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      02-19-2019, 01:13 PM   #21
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Quote:
Originally Posted by Wgosma View Post
Post your oil seepage pics, our panel of unbiased shade tree mechanics will chime in with feedback if you're interested.

A little oil goes a long way, in an ideal World no gasket, seal, etc. ever leaks a drop- we are unfortunately not quite there yet.
Thank you...

Agree.... I just replaced oil pan gasket on 2009 128i MT with 75K miles.
My e46 didn't have any seepage when it was 10 yo and about 70K on it.

And here I'm with 2014 53K miles...

Pics are not great since I wasn't planning to post them.
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      02-19-2019, 02:25 PM   #22
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Well, I've been driving E30's, E36 and E39's for past 15 years and of late F25 - one of my 3 E39's looked a bit better than your car when I hit 150K mile mark,, the others were worse than your car, but again...they had well over 100K miles on the clock.

I've yet to own a BMW w/warranty of any sort, CPO or otherwise; if I can't do the work on my car myself I use an independent mechanic so clearly I don't know how BMW deals with such issues. I could see how they would call your car's oil a 'seepage' issue as opposed to a real 'leak', wherever the oil is coming from it's certainly not bleeding out profusely. Then again I'm sure there are more than a few dealers who are always looking to avoid an repair that would cost them.

Perhaps others on the board who have direct Dealer/CPO experience will chime in on this.
Good luck/Bill
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