Used Cars: used car, contract we owe and incompetence, brake fluid reservoir, brake shoes


Question
bought a sued 2000 Saab for $4500 drive out.

the contract, and even specifically, stated as "we owe" items as:

Fix front brakes
Detail car
Repair driver door threshold - re-attach
Replace Transmission Mounts (2)


so, we take delivery 2 days after contract signed and paid and the dealer says they had to order the trans mounts. we'd have to drop the car off for a half-day in the next week or so.

no problem

get in car to drive and ...uh oh...brakes grinding and not feeling good.

go back to dealer, they say "we fixed them, turned rotors and replaced brake shoes with OEM parts."

"can you leave it with us overnight and we'll see what's going on," they asked.

ok, no problem.

we return next day and test drove - brakes seemed squishy still. opened hood and brake fluid reservoir was empty. dry.

so, they topped it off. i am scratching head thinking "how can they overlook that?"

took car home and next morning brake fluid reservoir empty again. no puddle on ground underneath.

drive directly to dealer (after filling with brake fluid.)

told them what was going on (this was friday) and they asked to leave it overnight (again) so they can make sure there is no leak.

no phone call all day on Saturday, so i called them.

they said i could come in and pick it up then, or even on sunday - they'd leave keys at front desk for me.

said they had to replace master cylinder, fluid was leaking into booster.

went on sunday to pick up car. filthy - greasy hand prints all over car, on door handles and leather seats.

hole punched in side of plastic cover that covers the area beneath driver's seat - not there before.

brake fluid reservoir full.

tire flat.
so they fill tire, we find a nail. they "plugged" it - r-rated tires, probably not best solution

i drive car around lot and brakes are still squishy. not comfortable with the entire scenario.

i left car and asked them to have owner call me.

monday evening, no phone call. i call and talk to salesperson, he says brakes are fine and they aren't doing anything more with them.

said they have the transmission mounts coming in on tuesday - can we agree to pick up tuesday? i asked them to have the owner call me to discuss the situation and to please move forward repairing the car. they said hole in plastic beneath seat was always there.

no phone call tuesday. at 6:30 pm wednesday i call and get "manager" on phone. says brakes are fine. transmission mounts installed. car ready to be picked up in morning.

so, my question is, how can i assure they've fixed the brakes properly? you'd think with new rotors, brake pads and master cylinder they'd be pretty spiffy. i drive a 94 volvo 850 and the new brakes on the saab are not even nearly as responsive as my volvo.

what are my legal rights? how do i protect myself and make sure i get a car with safe and properly repaired brakes?

please help!

shay

Answer
i dont know what state you are in but a lot of them have similar laws, If you take the vehicle to another reputable mechanic preferrabley a saab dealership, get a written statement on the condition of the brakes, since they left the generalization of just fixing the front brakes, they are responsible to do just that, if not they are in violation of the contract...with the statement from saab, about the brakes, either they are right and you have nothing to worry about or they are not and the dealership has put you and your family at great risk to save a few bucks, I think any jury in the country would hang them if anything happened to you because of the brakes, point this out to the dealership.  And if all else fails, sue them, after all it is America's favorite past time. They are contractually bound to properly fixing the brakes or refunding your money, depending on state laws, and the attorney general would be a great place to start, or your city's district attorneys office, they love crucifying car dealerships...