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BishiBenj
13-11-2007, 10:06 AM
Hey all,
As you all know, I've recently bought an 01 tj sports from a dealership in perth.
Alls well, i love it, im taking it in to get a few things fixed, but one thing troubles me.
One of the guys on Thursdays cruise pointed out that it has an Exec Muffler on it.
Ben Angry.:angry:
Anyone know if I have any power to demand a sports muffler?
I have had the car less than a month and only driven it about 100kms.
Thanks.
Benj.

perry
13-11-2007, 10:09 AM
does the car have an exhurst note

BJ31OS
13-11-2007, 10:09 AM
dont think you have any power as you signed the agreement to buy the car
but it aint that expensive to buy a hi flow muffler
i got mine for around $220 fitted and it is great

MerCuryRisIng
13-11-2007, 10:09 AM
I would say not

lenda
13-11-2007, 10:13 AM
I dont think you do considering, you signed the contract and all. did you get a specs sheet with the car to say what comes with it?

hlll3
13-11-2007, 10:24 AM
if the dealer told you it was as a 01 TJ sports then yes, i think you do have a claim against them as you relied on the knowledge of the dealer that it was a tj sports, not a tj sports with an exec muffler.

thats what i have learnt in contract law anyway haha

BishiBenj
13-11-2007, 10:31 AM
if the dealer told you it was as a 01 TJ sports then yes, i think you do have a claim against them as you relied on the knowledge of the dealer that it was a tj sports, not a tj sports with an exec muffler.

thats what i have learnt in contract law anyway haha

thats what i thought, he specifically told me that it is factory spec.

if i have an email from him saying that it is completely stock standard, can i use that?

Poita
13-11-2007, 10:38 AM
I have a TH Sports... and I don't think my muffler is any diff from the standard exec...

To my knowledge, only the VRX, Ralliart and GTVi had 'sports' mufflers.

Neo
13-11-2007, 10:47 AM
Yes the sports have different mufflers, and a few other things I think.

You should check the VIM number and find out what it really is. And if it isnt a sports, and it clearly says you were purchasing a sports on all the paperwork from the dealer you could take legal action and give them a good "spanking". :D

Articuno
13-11-2007, 10:48 AM
To my knowledge, only the VRX, Ralliart and GTVi had 'sports' mufflers.

Tj Sports has it too

BishiBenj
13-11-2007, 10:50 AM
well it has sports badging, comes in a sports only (I think??) colour and has sports seats, dials etc im pretty sure its a sports.
but yeah if ive got an email telling me its a stock standard, out of the factory sports am i safe?

Neo
13-11-2007, 10:52 AM
Only way is to check the VIN number. Someone might have added those things on there as mods etc.

Also, the sports comes with a lot of things as standard, whereas are options on the executive. Not to mention power figures.

http://www.redbookasiapacific.com/au/vehicle/comparespecs.php?id2=86101&id=86104

I remember reading an article on autospeed about the executive and the sports and the power gains were due to free'er flowing mufflers.

BishiBenj
13-11-2007, 10:56 AM
so if the VIN says its a sports, i can get him to supply me with a sports muffler?

and if its an exec with sports addons i sue him for false advertising?

am i right?

Neo
13-11-2007, 11:00 AM
To my knowledge, if you VIN says it's sports and the dealers papers says you were buying a sports, then technical details like not having a sports muffler wont count for jack. :doubt:

If you do have a sports though, and only have an exec muffler, might be worth investing in a lukey muffler. :D

Ashneel
13-11-2007, 11:06 AM
the car car have note to the exhurst

sorry but what?

M4DDOG
13-11-2007, 11:16 AM
so if the VIN says its a sports, i can get him to supply me with a sports muffler?

and if its an exec with sports addons i sue him for false advertising?

am i right?
If it's really an exec you take the car straight back there and demand ALL your money back otherwise you'll report them. If it's a sports with an exec muffler, doubt they'll replace it. Unless in the contract it specifically states that all equipment on the car is factory original for a TJ Sports, you have no legal leg to stand on.

Joukowski
13-11-2007, 11:16 AM
sorry but what?
oh, he sed 'the car car have note to the exhurst'

:badgrin:

Joukowski
13-11-2007, 11:19 AM
Hey, what's the big difference between the sports and exec muffler anyway? Is there a huge performance difference between the two? sorry for the ignoramus question...

Fantaysia
13-11-2007, 11:22 AM
the car car have note to the exhurst
mmm force strong in you i see ... make good jedi you might :badgrin:

Articuno
13-11-2007, 11:24 AM
Hey, what's the big difference between the sports and exec muffler anyway? Is there a huge performance difference between the two? sorry for the ignoramus question...

8kw difference.

perry
13-11-2007, 11:26 AM
oh, he sed 'the car car have note to the exhurst'

:badgrin:

my bad guys, i had an magna_evox moment :bowrofl:

hlll3
13-11-2007, 11:27 AM
thats what i thought, he specifically told me that it is factory spec.

if i have an email from him saying that it is completely stock standard, can i use that?
yes you can, but i would be more worried about why it has an exec muffler when it is a tj sports :confused:

very interesting

kempeowen
13-11-2007, 11:36 AM
yes you can, but i would be more worried about why it has an exec muffler when it is a tj sports :confused:

very interesting

Maybe a simple answer like the previous owner replaced it and wanted to save a few $

Joukowski
13-11-2007, 11:40 AM
Probably suggest you telephone the dealer nicely and advise that you've discovered that car hasn't got the proper exhaust system which is a vital part that distinguishes it from the run of the mill exec.

They mightn't know this fact themselves, & might bring them to the table for further discussion to do something amicably. Good luck.

hlll3
13-11-2007, 11:42 AM
Maybe a simple answer like the previous owner replaced it and wanted to save a few $
yeah more than likely, but just best to check.

lowrider
13-11-2007, 11:44 AM
mabey its a sports, but like soo many magna muflers i have seen, been rusted out, the previous owner either cheaped out and replaced it with a standard muffler, instead of a sports, or took it to a exhaust shop and just told them to put a new one on and being ignorant, they just looked up magna exhaust part number, instead of sports exhaust part number.
if the dealer told you and IS WRITTEN ON THE CONTRACT, that the car was a factory SPORTS, and stated no mods or changes, then you could demand a replacement or payment for the equilivant cost of a new sports muffler, then put that money towards an aftermarket exhaust. by definition its not a sports magna, if it is missing 8kw that it was promised to have. JUST MAKE SURE IT WAS WRITTEN ON THE CONTRACT, IF HE JUST TOLD YOU, THEN YOU HAVE NO ARGUMENT, make sure its a non sports muffler too, dont want to look silly when you walk in the dealer and just get shut down.

NORBY
13-11-2007, 11:58 AM
from my contract law knowledge:

you bought this car over an exec because you wanted the sports power and options

so therefore you believed that it was a 100% stock sports magna.

The dealer clearly stated to you that it came with all the sports options and it had not been modified, this makes it a 'term' of the contract.

In my opinion demand from them either to fit a mitsubishi genuine sports exhuast system (as thats what it should be) OR say your happy to take $500 (probably half what mitsu would charge) and go sort it out yourself.

s311_bvm
13-11-2007, 12:02 PM
The easy method to tell the sports and normal mufflers apart is how many pipes they have for output.

The standard exhaust is a twin tip unit and this is designed to keep the exhaust note acceptable to the majority of buyers.

The sports exhaust features a larger diameter single pipe at its output, and due to it being a singe pipe has a more aggressive note than standard.

GRDPuck
13-11-2007, 12:06 PM
Yeah agree with others...

My recommended Steps:

1. Check VIN with Mitsubishi Motors - To ensure your car is a 'Sports' model.

2a. If not a 'Sports' - take car back to Dealer and demand money back - breach of contract. (Assuming the Contract has 'Sports' written on it.)
Talk to me more as I have done this and got my money back (not a Magna).

2b. If it is a 'Sports', get the muffler checked by an exhaust shop.

3a. If it is a 'Sports', and it has something written on the contract like 'All sports options', etc. - Then you may have some legal backup & be able to get a new muffler. Go have a friendly chat with the dealer - suggest how disappointed you were that it has the wrong exhaust, how this is a fundamental difference in a 'sports' model and see what they say. replacing an exhaust is going to be cheaper than a lost sale or bad reputation.

3b. If it is a 'Sports', and it has just the word 'Sports' on the contract (not something like 'All sports options', etc.) - Then you may still be able to get a new muffler, IF you are VERY lucky. - But I doubt you have any legal backup, you will just be relying on a good dealer. Again, approach the dealer friendly. They sold you a 'Sports' Magna which is what you have got - maybe with some added mods, maybe with some stock Magna bits. It's secondhand and may be different to Factory spec.

You may have to check if the emails sent to you prior to the sale form part of the legal contract. I would expect they do but I could be wrong and emails can be hard to prove.

Good luck.

i286
13-11-2007, 12:09 PM
Benj, can you check your car's Operator Manual under Specifications and let us know power figure for it's engine.

BishiBenj
13-11-2007, 12:15 PM
not right at the moment, no, but i can let you know tonight.
arent the power outputs the same, the only difference being the exhaust system?

hlll3
13-11-2007, 12:22 PM
from my contract law knowledge:

you bought this car over an exec because you wanted the sports power and options

so therefore you believed that it was a 100% stock sports magna.

The dealer clearly stated to you that it came with all the sports options and it had not been modified, this makes it a 'term' of the contract.
yeah this is correct.

In my opinion demand from them either to fit a mitsubishi genuine sports exhuast system (as thats what it should be) OR say your happy to take $500 (probably half what mitsu would charge) and go sort it out yourself.
i would do just that if i were you benj.

BishiBenj
13-11-2007, 12:29 PM
yeah this is correct.

i would do just that if i were you benj.
think i will hey, im emailing him now, just asking if there was some mixup, and nicely telling him that I wanted the sports exhaust on the sports, otherwise i wouldve got a specd up exec.
Thanks guys ill keep you posted

i286
13-11-2007, 01:03 PM
not right at the moment, no, but i can let you know tonight.
arent the power outputs the same, the only difference being the exhaust system?


Magnas with Sport muffler have 163 kw. If your car have 155 or 150 kw it never had Sport (straight through, one pipe) muffler fitted.

GTVi
13-11-2007, 01:13 PM
Are you absolutely, positively, sure you know what muffler you have...get a second opinion!

BishiBenj
13-11-2007, 01:17 PM
well it has a lil twin tip thats pointing down at the end, and one of the perth cruising crew (Think it was technovamp) pointed out that it was definately an exec muffler

lenda
13-11-2007, 01:18 PM
I have a TH sports and apprantly standard they are 147kw at the flywheel and 112 atw. but i dont think they came with a singe pipe, mine came with a twin pipe, but i bought mine privatly. so it could be standard unless this changed after my car, eg: TJ onwards

M4DDOG
13-11-2007, 01:41 PM
I have a TH sports and apprantly standard they are 147kw at the flywheel and 112 atw. but i dont think they came with a singe pipe, mine came with a twin pipe, but i bought mine privatly. so it could be standard unless this changed after my car, eg: TJ onwards
As mentioned before by Articuno they are high flow mufflers from TJ sports onwards (and gain the 8kw).

dave_au
13-11-2007, 02:52 PM
Benj, what are the numbers/letters of your VIN? (don't bother telling me the last few digits - but we should be able to tell exactly what you have)

Spackbace
13-11-2007, 02:58 PM
Benj, can you check your car's Operator Manual under Specifications and let us know power figure for it's engine.

looking in the manual wont say anything :nuts: he could just have a specced up exec, with a sports manual inside... having a sports manual in a non-sports car wouldnt classify as being false advertising either.

ben i doubt u have anything to worry about, just that the muffler has probably been changed at some point. might be worthwhile to have a look under the car, see if its been in a rear-ender or anything. just see what the dealer will do for ya.

good luck :)

Magtone
13-11-2007, 03:51 PM
looking in the manual wont say anything :nuts: he could just have a specced up exec, with a sports manual inside... having a sports manual in a non-sports car wouldnt classify as being false advertising either.

ben i doubt u have anything to worry about, just that the muffler has probably been changed at some point. might be worthwhile to have a look under the car, see if its been in a rear-ender or anything. just see what the dealer will do for ya.

good luck :)

I highly doubt anyone would go to the bother of getting a magna done up like a sports with fog lamps interior etc and not do a muffler.

It is a sports he has got, and the original owner may have done what others have done and swapped it for an exec muffler cos they did not like the drone. When i worked for mitsu spares a few years back, we did have people getting rid of thier sports/gtvi mufflers cos the did not like the droning but liked everything else. go get em tiger!!!

Spackbace
13-11-2007, 04:10 PM
I highly doubt anyone would go to the bother of getting a magna done up like a sports with fog lamps interior etc and not do a muffler.

i know, thats why i said

ben i doubt u have anything to worry about, just that the muffler has probably been changed at some point.

but thanks captain obvious ;)

Satan
13-11-2007, 04:14 PM
Coming from a car dealership, don't expect the Used Car Department to give a stuff about you.

Joukowski
13-11-2007, 04:26 PM
Hey, i was seriously thinking of changing my sports muffler out at one stage - i didn't like the noise - ok it sounds good - but after the first hour...... the exec's sounds so refined.

Magtone
13-11-2007, 04:53 PM
i know, thats why i said


but thanks captain obvious ;)

haha no worries...i was agreeing with it

Joukowski
13-11-2007, 05:31 PM
Coming from a car dealership, don't expect the Used Car Department to give a stuff about you.

That's way negative dude :cry:

reup gang
13-11-2007, 05:34 PM
if the dealers be diks about it and they say ther not gonna replace it say 'the fact that it is a magna sports is a condition of the contratct. Therefore it goes to the escence of te contract and i would not have bout the car if i had known it was not fully sports optioned'

but if they take u to court, then a judge will do a few things, like determine whether or not u could have determined it had an excec muffler (id say the judge will say u ought to have known). if he/she sez a reasonable person couldntv determined the difference, then theyl determine whether to consider a sports muffler to be a condition or a warranty. pretty sure its a warranty, which means ur entitled to damages (replace the muffler), if its a condition u can return the car.

please dnt take any of this as gospel coz im probs wrong lol let us kno how it goes