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No, the car was purchased as is. We intended to purchase a warranty from the dealer but was told we should purchase from an insurance company because the cost would be a lot cheaper. Since we have purchased the car we have had teh front brakes service at PEP boys, Sunday the transmission went out when my son was driving, we had it towed to Ammco today and basically were told that it looks like the dealer put a transmission and an engine in. We had the impression that the car was in good conditon and the dealer was sellng it for 3,995 before taxes but was nice enough to knock the price down to $4,00 out the door since that is what we had in the budget to spend because we would need to have the brakes, the alignment and the coolant system done.
You do not have a great situation unless you can get a mechanic to confirm and be willing to testify that the transmission had to be bad at the time it was installed and had to be known to be bad by the dealer. If you can prove the dealer knew the vehicle was defective beyond what he told you about you can recover. However, failing that proof, you will not recover anything and will have to absorb the loss.
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If he is willing to testify, do I file a claim in small ?
Yes you would file a claim in small claims if you can't get the dealer to make the repairs.
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