Used Cars: What are my rights?, tow trucks, diagnostic test


Question
I purchased a used car last month(Feb 9th) but before I did, I asked for a diagnostic test. The reason I really wanted one is because the car wouldn't start for me to test drive the day prior. The alternator needed to be replaced. When I asked for the test, he told me that his mechanics checked out the car and it was fine. So I took his word on it. When I drove the car off the lot, I later noticed that something may be wrong with the transmission. I got it back to him two days later(Friday). He called early the next week(Monday or Tuesday, to come pick up the car. He told me that the transmission was rebuilt and that it's under a 6 month warranty and that he paid for the repairs. I thought it was too soon for the car to be finished. Later that same week, the rpm was reeving up too high. He told me to bring it in because the engine could blow. I dropped it off not too long after I talked to him. He told me the next morning that he couldn't find anything wrong. I told him that it revved up on and off, not all the time. So I just took the car back. Ever since then the car had been shifting hard and reeving up every now and then. March 20th, my car locked up on me. I could start it but it wouldn't move when I pressed the gas. It took two tow trucks to try to tow it. Now he tells me that I have to pay $300 for repairs on the linkage that broke. I feel like I shouldn't have to pay. I can't enjoy the car like I should. Can I take him to court; can I get my money back? Or can he put me into another vehicle with the same downpayment that I put for that car?

Answer
Hi Tracy

Sorry for a delayed answer had some business out of town for a few days, I am not a mechanic, my expertise is the buying process making sure value for money and not getting stuck with a lemon, in your case you missed a few steps in the buying process.

You asked for a diagnostic test which I am almost sure was not performed because it would have picked up problems with the tranny, which was obviously there even prior to you taking delivery, and that is misrepresentation on the dealers part. The Red Flag went up when vehicle would not start the day prior, right there sorry to say you made a major mistake by not having an independent inspection performed.

As for you having to pay anything when tranny is under 6 month warranty comes down to what is written in the contract fine print, and sorry to say most of these 3th party warranty providers have contracts loaded with loop holes. As for getting your money refunded that's a long shot, but dealer can switch you into another vehicle if they want to.

Can you take him to court ?,,, Yes let's start with this link in my website  to see if you got a case   http://www.usedcartips.org/dispute.html   from there please navigate to " test drive " and " take to mechanic " which are steps I think you missed ?

Tell the dealer if this transaction is not solved to your satisfaction, you will seek legal advice and at same time will blemish the dealers reputation through the Internet warning other consumers about this dealership " should you end up taking this direction I will show you the process.

In the meantime not knowing anything about your transaction, example, did you buy vehicle AS IS ? type of vehicle or finance terms, is the dealer a buy here pay here or is a finance company involved ?
I will try to help you further going in the right direction if need be, leave a contact number at this address paulsenray@yahoo.com with best time to call

Ray  http://www.usedcartips.org/