The laws are different from state to state, but, you have two good arguments here:
1- They breached the warranty by failing to repair within the warranty period;
2- If they never fixed many states' lemon laws require the warranty period to extend beyond the initial time frame.
If you gave them 5 chances to fix it under their warranty and they failed then at the very least you have a breach of warranty claim and probably a violation of your state Udap law too. Argue some more and try to get them to help you out. If they won't, then you need to talk to a local Car Sales Fraud Lawyer near you because most of them handle bad repair cases too. For a Free Online 50 State National List of Consumer Law Lawyers, click on the link below and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com
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This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://tinyurl.com/79ku5jx) and find one near you
The warranty doesn't expire after the 12,000 miles if the problem arose during the warranty period. The difficult thing about your situation, though, will be proving that the transmission was never right after you drove 30,000 miles. You might try filing suit in small claims court on this. That is really the only practical way to handle the claim, because the cost for an attorney to handle for you will be greater than the cost of a new transmission. If the repair shop transfers the case to the regular Superior Court docket, then you should seek the help of an experienced consumer law attorney right away. There is a state statute that permits you to claim attorney's fees if you win after a defendant transfers a case from small claims court to the regular court docket.