Legal Question in Consumer Law in California

Four days after buying used car, transmission goes out.

I bought a used car two days before Christmas, from a dealership. Four days after buying the car, one of the *idiot* lights came on. I took it to a repair shop and was told that it needed a new transmission. On the list of things wrong with the car (according to the diagnostic check) were such items as overfilled transmission fluid, bolts put in wrong. (To name a couple things cited.) The mechanic that ran the diagnostic stated it ''could be possible'' that the dealership mechanic didn't know what he was doing when he was checking over the car. (Didn't want to totally commit himself to that.) I called the dealership, and let them know, as they had assured me that their mechanic had checked the car, etc. They want me to let their mechanic look at it, you can imagine my hesitation...I know...I should have had it checked by independent mechanic, 20-20 hindsight. Is the dealership under any obligation to fix the car. It was a sale as is, and the warranty doesn't cover the transmission. Am I just plain ripped off?


Asked on 1/08/03, 12:31 pm

1 Answer from Attorneys

Re: Four days after buying used car, transmission goes out.

Their obligations depend on whether the car was sold "as is". If it was, there is no remedy unless they represented that the car was in good working order. Further, a warranty may create an additional implied warranty of merchantability. If want to discuss further, call 805/641-6600.

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Answered on 1/09/03, 11:47 am


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