Used car was misrepresented and transmission ruined


#1

We bought a used 2000 Subaru Legacy GT from Autotrader.com. While driving it home it began banging while accelerating hard. A mechanic’s diagnosis stated that the transmission was not the original. It was replaced with a non-compatible transmission that did not have all the bolts installed and the transmission brackets were broken. The transmission oil pan was filled with metal shavings. Should the Auto Dealer/Seller be held liable for the replacement transmission as they represented the car as in “Good Condition” and “No known problems?”


#2

IMMEDIATELY check your state statutes for “right to recision” laws as well as checking with your state’s atty general’s office for other pertainant statutes. And IMMEDIATELY document this in full with the mechanic’s shop order with detailed description AND notify the dealer in writing. If you can also get in touch with a lawyer.

Also, check your purchase paperwork and the dealer’s advertising carefully for any signs of warranty coverage.

Since it was bought from a dealer, you may have legal rights that you would not have from a private sale.

GO, PRONTO, NOW. Don’t let time elapse.


#3

I AM HAVING A SIMILAR BUT LESS SEVERE EXPERIENCE WITH A BRAND NEW CAR. I HAVE CALLED AN ATTORNEY AND WILL TALK WITH HIM ON MONDAY. TODAY THE DEALER TOLD ME THERE WAS NO RIGHT TO RETURN THE CAR (EVEN AFTER 2 DAYS), BUT I AM SKEPTICAL. I WOULD GO AFTER THEM IF I WERE YOU. GOOD LUCK!


#4

DEALER TOLD ME THERE WAS NO RIGHT TO RETURN THE CAR (EVEN AFTER 2 DAYS), BUT I AM SKEPTICAL.

You should check locally, but I doubt if you have right to return it. That is why they will not sell you a car without you aactually being there and touching it. Driving off the lot (for a new car) generally makes it your own. After that it is lemon law that protects you.


#5

In most states you have no recourse on a used car. If you signed an “AS IS” disclaimer (you should have a copy if so) then you’re out of luck.

You’re assuming here the dealer is the one who did this transmission swap. Maybe the dealer took it in trade or bought it at auction and there was no obvious problem at first. As far as the dealer knows it may have been in good condition, which is always a very subjective term.
There must not have been an obvious problem is it was not noticeable to you at the start.