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I’ll bet it’s not on them.  While the purchaser may have been inadvertently misled or maybe didn’t check or have them check, what exactly is “on them(the dealer)”? 

let’s say the owner has a mechanical issue some months down the road, takes it in for service and the mechanic pulls the logs finding a tune.  The next conversation is mechanic to s/a that the ecu was tampered with, several values out of spec as is common with a tune and the failure may be related to the tune.  Even if they say ok, let’s see what happens, Ford will have to sign off on major repairs and it’s unlikely a related failure would be covered by Ford. Phasers?  maybe.  who knows.  but a serious mechanical issue that could be tune related, I don’t think they would.

but what is the owner’s recourse?  court.  What do they claim - dealer sold me a defective product or one that did not comply with US emissions law?  (I’m asking). 

Ford would wash their hands of a non factory tune with a related mechanical failure. 

Meanwhile, the truck is down awaiting repairs.

I don’t think this scenario is as cut and dry from a warranty perspective.