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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3639
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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i bought a used car in sept. 2012 but it has been in the shop

Resolved Question:

i bought a used car in sept. 2012 but it has been in the shop for 2 months now due to transmission failure. they have put three transmissions in it. Can I do anything?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Was the car sold with any warranty or guarantee from the seller or manufacturer?

Customer: replied 1 year ago.

yes it has a warranty. but the week after i bought the car i noticed the rpm was going up high even when the gas was not presnsed then the transmission light came on but it went back off and they said it was bad gas and where the light and went off they couldn't checck. Then the light came back on with the check engine light and they have since put three transmissions in it. My car is a 2007 ford fusion.

Expert:  Zachary replied 1 year ago.
If the car will not work after they have tried to make repairs under the warranty, then the next step you need to do is to demand that they give you a different car.

You need to make this demand in writing and state that because you purchased a warranty and they have not been able to repair the car as required by the warranty, you are demanding a car of equal value as a replacement for the vehicle.

If they refuse your request, you then have the right to sue them for breach of warranty.

How much did you pay for the car?
Customer: replied 1 year ago.

15,398

Expert:  Zachary replied 1 year ago.
Well, that puts you outside the range of a small claims court case.

That means you are going to have to file the case in district court/county court in order to ask for your money back. This is often pretty hard to do when you are not an attorney and if you get to this point, you ought to consider hiring an attorney.

Hopefully they will agree to refund or give you a different car under the warranty.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3639
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and other Legal Specialists are ready to help you
Customer: replied 1 year ago.

but the dealership working on my vehicle is not the dealership i bought the car off of. so which one do i need to talk to about this?

Expert:  Zachary replied 1 year ago.
When you get the vehicle repaired, is the dealership from which you bought the vehicle paying for the repair attempts?
Customer: replied 1 year ago.

no that i know of. all they tell me is the warranty will cover it

Expert:  Zachary replied 1 year ago.
Sorry for the delay in getting back to you. To determine who you sue for a new vehicle, we have to figure out who is responsible under the warranty.

Was the warranty an aftermarket warranty or a dealer warranty?

Do you have the paperwork on the warranty? If so, can you scan it in and email it to me at:
XXX@XXXXXX.XXX

in the body of the message put:

Attn: zdnlaw
Re: http://www.justanswer.com/law/7p1y2-bought-used-car-sept-2012-shop.html

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