Originally posted by rams78110
Car update numero tres:
Recap: 4wd didnt work when bought even though the sales and inspection document said it did. Pointed that out to them, they offered to fix it for free so I didn't return the car or file with the BBB, not that I was originally planning to. They half-fixed it, 4-lo works, 4-hi (the one I use most) doesn't.
Today: I went in for the second free fix to completely fix it. After about an hour I get some new mechanic asking me to come to the back, asking me what I wanted done. It took them an hour to do that. He said it would be $114.50 to just inspect it and figure out what they fucked up, and if it was the transfer case motor (which they were supposed to have replaced in the first place) it'd be an additional 'roughly $200'. After arguing with them, I realized the only phrase of english he knew was 'the car was sold as is'. Now I have two issues with that. First, I don't have the money for this shit, I had to get a loan for the car in the first place, and the reason I bought it was that it has 4wd. The reason I bought the car is not functional. Second, I bought it as-is according to their inspection.
Their contract states, verbatim "Any terms not explicitly in writing are not legally binding (implication being that terms in it are legally binding) ... This inspection is certified to be an accurate representation of any and all mechanical and cosmetic defects both corrected and uncorrected at xxxxx dealership" and the 4wd is given a clean pass with no notation. The lady who bought this car before me returned it, citing the lack of operational 4wd.
Now, they're trying to make me pay $50 a day ($1650) and 50 cents a mile (just under $500) to return it to them, citing me cancelling the contract, which was the agreed upon penalty. I'm contending that the entire contract is voided, not cancelled, by them selling me a broken car, one they accepted fault for, without noting said brokenness in the contract.
If they don't work with me, I'm gunna have to take it to court. That's expensive and time consuming. I'm definitely reporting them to the BBB, but court is a whole different thing. It's not a minor claim either, in total it is just over $7,000, the full value I paid for the car, not even mentioning the new battery, spare tire, and jack I bought and put in. If I take it to court, what are my chances of winning? I think I have a damn good case, but I also see them dragging it out in court to make me lose as much money as possible so I drop the claim and cut my losses.
Thoughts, GD?
tl;dr Never trust someone whose job it is to sell you something
look into the lemon laws of your state