Legal Question in Consumer Law in California

I initially took our 2005 VW Jetta with a little over 80k miles to our nearest VW dealer in Glendale because when I was driving to LAX on Thursday Aug 22nd the check engine light came on. I left our car at the VW dealer on Aug 27th at 8AM with Jaime the service rep. I didnít hear from Jaime until Friday afternoon, Initially Jaime told me the car had an air or vacuum leak and that was causing the check engine light, I also had mentioned to him the fact that after they performed the Automatic Transmission fluid service the last time the car was in which was a few months back that the car was never the same and the transmission felt like it would hard shift when in lower gears but it wasn't all the time only some days and most days the car was fine. I also told Jaime I wanted the 80k mile service done and the brake fluid change done since it needed it and the car was there being serviced for the check engine light so might as well just take care of it. So after about a week I was told that they had brought in a VW transmission specialist to look at my transmission and that they concluded that it needed the valve body replaced and that would fix the hard shifting. So after I called Jaime in the afternoon of Sep 4th I was told our vehicle would be ready for pickup, that his mechanic was drive testing it and once he got back it would be ready to go. Once I got there I spoke to Jaime who was at his desk and then I waited for him to finish the paperwork and he proceeded to walk me to the cashier while explaining the work done to the car and the things they had found that needed fixing or replacing during the 80k mile service. He then shook my hand told me my car was fine for another 5k miles until it needed the oil change but that my car was good to go for a while now. So after about a week of having to chase Jaime down and playing phone tag and paying a little over $2000.00 for parts and services rendered, I get into our vehicle and what is the first thing I see to my amazement? CHECK ENGINE LIGHT! I flag Jaime down and tell him the check engine light is on then he offers for me to leave our vehicle yet again so they could check it out then he offered to have one of his guys give me a ride home since they were close to closing hours 6PM PST. I told him no thanks. Then the next day I have to call him to find out that they cant figure out the problem and that he would put me in a rental car for a day if I wanted.... So I accepted since my wife needs the car and it's been a hassle already not having our vehicle for over a week. Then the day after when I thought I would be picking up our car and once again I have to call him at 5PM he follows to tell me that if I need to return the rental since it was only for a day and that he would put me in one of their VW dealer cars... So after he said that I knew my car was not going to be ready or they were trying to figure out what was wrong with it which didn't sit very well with me since this is the VW dealership not Pepboys or some local mechanic shop...

Jaime called me on Sep 11th and proceeded to tell me that the check engine light was a major malfunction in the transmission and that it would need replacement and that would cost me close to $7000.00 He then proceeded to tell me that since VW corporate already helped me out on the valve transmission job and they covered 41% of it, that they would only cover 31% of the transmission and I would have to pay the rest. And suggested I call VW corporate to see if I could get a better deal than the dealership which didn't make any sense to me but as he suggested I did just that I called VW corporate and basically explained my situation and VW corporate basically put it in as a complaint and that someone would get back to me by the next day before end of business day. And on Sept 12th at around 4PM Jacob from VW a customer care rep called me telling me basically the same thing. So me and my wife were not very happy.

I also come to find out the brake fluid change was not done as I had asked Jaime to do it since the beginning of this ordeal and was being done after I left the vehicle when I was supposed to pick it up. It's close to a month and no solution in sight...

Help Please.

Asked on 9/24/13, 5:31 pm

1 Answer from Attorneys

Kelvin Green The Law Office of Kelvin Green


The inconveniences you faced are probably not recoverable because there was no explicit consequential damages in any contract you made and the amount of damages are negligible.


The dealer probably has some parts and warranty guarantee for the $2000 worth of repairs and that is their liability, not much more.


Take the car someplace else and have them look at the transmission and get another estimate but they have no obligation to fix it...

It is a nearly 9 year old car. Sorry....

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Answered on 9/24/13, 8:02 pm

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