I have purchased a used vehicle from a car lot. The vehicle came with an Engine and Transmission warranty. This is our only vehicle so taking it in for any repair is a hassle in itself. The transmission was messing up so we took it to the dealership, they claimed to have fixed it 3 days later, so we get the car back. A month after, same issue. Take it back and this time a man takes it to a different shop to have it looked at. The new shop said the previous shop did not fix the problem, if anything made it worse. The man said if should be fixed but if it continues to do anything to call him back and tell him. 2 weeks later, same issues. We talk to the owner of the dealership. He said bring the car in at our convenience. It's passed our warranty.. but he claims he will fix it or give us a new one. We take it up there. He has it for a couple of days. We call him and he replies that he doesn't see anything wrong with it and if we could show him what's wrong. We just took the car back because we don't have time to do all this.. we just wanted our car fixed. Can we take them to court for legal action?
It is going to depend on the language of the warranty that was given when you bought the car. The warranty may have excluded consequential damages --- such as the time you would be without the use of the vehicle while it was being repaired under the warranty --- and if the warranty has expired there will be some factual questions as to whether the attempts to repair up to this point were adequate or just trying to "patch" the problem. You may also have a problem given that the dealer was offering to continue to work on the problem when you decided to return it.
You may want to see if the dealer would be willing to work with you to give you a good deal on a different car to help make up for all of the trouble.
This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline