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Used car dealer did not perform repairs as part of written contract

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Heathc

Junior Member
I bought the car in South Carolina but I live in North Carolina.

My wife and I offered to purchase a used car from a dealership if they would perform 1500 dollars in engine work (gaskets and timing belts). They agreed in writing, asked for a few days to get the work done. They called a few days later, said the work was complete. When we test drove the car we smelled burning oil and they said it was due to the recent engine work had left some oil on the engine. They lifted the car and showed us the work, so we thought. We bought the car and after months of burning oil smell and drips our mechanic told us the work had never been done and the problem was severe, we went to a total of 3 mechanics that all confirmed that the work had never been done. We contacted the used car dealer and they denied it, then offered to have their mechanic go back and do the work but refuse a refund for the work they failed to complete.
Am I entitled to a refund for the work that was part of the contract but never completed? Am I entitled to more? All I want is to recover my cost of having a more reliable shop get the job done.
H
 


TheGeekess

Keeper of the Kraken
I bought the car in South Carolina but I live in North Carolina.

My wife and I offered to purchase a used car from a dealership if they would perform 1500 dollars in engine work (gaskets and timing belts). They agreed in writing, asked for a few days to get the work done. They called a few days later, said the work was complete. When we test drove the car we smelled burning oil and they said it was due to the recent engine work had left some oil on the engine. They lifted the car and showed us the work, so we thought. We bought the car and after months of burning oil smell and drips our mechanic told us the work had never been done and the problem was severe, we went to a total of 3 mechanics that all confirmed that the work had never been done. We contacted the used car dealer and they denied it, then offered to have their mechanic go back and do the work but refuse a refund for the work they failed to complete.
Am I entitled to a refund for the work that was part of the contract but never completed? Am I entitled to more? All I want is to recover my cost of having a more reliable shop get the job done.
H
The time to take it to your mechanic was BEFORE you signed the dotted line. :cool:
 

swalsh411

Senior Member
It was very foolish of you to purchase a car that needed major repairs unless this was already factored into the price. You should have told the dealer to perform the repairs, then you would have it inspected by a mechanic of your own choosing, then you would consider purchasing it.
 

BL

Senior Member
They have offered their mechanic to do the work.

If your other mechanics have not already done the work , give the dealer an oppurtunity to repair as in written contract.

If after the dealer has it and states they repaired , and it has not , next step is to take it to small claims with more confirmed estimates with notations the dealer never preformed the repairs , or the repairs were shoddy , and hope for anward or partial of what it will cost to repair.
 

Heathc

Junior Member
Do you have this agreement in writing?
Yes it is in writing, the dealer has a shop and we agree to purchase the car at a price if the work was completed so the price of the car included the work. All the work was internal so I cannot confirm that the work was done nor can any other mechanic.
 

Heathc

Junior Member
Yes it is in writing, the dealer has a shop and we agree to purchase the car at a price if the work was completed so the price of the car included the work. All the work was internal so I cannot confirm that the work was done nor can any other mechanic.
We had another shop do the work because we can no longer trust the the dealer that originally promised to do the work and we strongly feel that we were deceived due to evasive answers to questions at the time of sale concerning the work. We have also learned from other shops that this is a common problem with this dealership so to avoid prolonging this ordeal or having a catastrophic engine failure we decided to have a reputable shop do the work. We do feel that we are entitled to a refund from the original shop.
 

Zigner

Senior Member, Non-Attorney
We had another shop do the work because we can no longer trust the the dealer that originally promised to do the work and we strongly feel that we were deceived due to evasive answers to questions at the time of sale concerning the work. We have also learned from other shops that this is a common problem with this dealership so to avoid prolonging this ordeal or having a catastrophic engine failure we decided to have a reputable shop do the work. We do feel that we are entitled to a refund from the original shop.
You would have needed to have given the original shop the opportunity to correct the problem. You did not. You are not entitled to a refund.
 

BL

Senior Member
We had another shop do the work because we can no longer trust the the dealer that originally promised to do the work and we strongly feel that we were deceived due to evasive answers to questions at the time of sale concerning the work. We have also learned from other shops that this is a common problem with this dealership so to avoid prolonging this ordeal or having a catastrophic engine failure we decided to have a reputable shop do the work. We do feel that we are entitled to a refund from the original shop.
You can take your chances in small claims .

, but be prepared to explain why you drove it so long like that and why you did not contact the dealer when you first noticed it .

Be prepared to try and explain why you did not give the dealer the oppurtunity to fix the vehicle in the contract, and convince the court the dealer was untrustworthy.
 

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