bad car repair

State is California.

I bought a car and the next day it started to overheat. Since I bought it used, as is, I decided to take the car back to the auto repair place who had worked on the cooling system the month before. On the way up it overheated. I managed to get it to the shop, and was told it was the thermostat. After inspection, the owner of the shop told me it needed a new head gasket. I paid him $1520 to replace the gasket, radiator, computer, and thermostat.

When I picked up the car, everything ran fine for a week-until I took long distance trip. About 150 miles away from home, the engine began making that "death rattle" knocking sound. From previous experience with another car, I knew to immediately stop the car. On that previous car, the oil plug had fallen out, resulting in the engine being chewed up. We had the car towed to Walmart to get it off the road, and I called my husband to pick us up. Because of a surgical appointment, my mother and sister had to rent a car for a week to continue on the trip to make her appointment, then my husband and I went back to the car to assess the damage. Upon placing his hand on the oil plug, it fell into his hand. We then went home and called the shop owner, and told him he needed to pick up the car and fix it, because it was his fault for not tightening the plug, resulting in oil loss and our engine.

The tow truck driver who came to get the keys told us that this same shop had worked on an engine of his, did not torque down the engine, resulting in loss of the engine. When he provided them with a replacement engine, they charged him for the labor!

The shop owner has now had the car for more than a month. He told us that the damage was not caused by him, but out of the goodness of his heart he is fixing it for free. But...we are only getting a 30 day warranty and he is taking away our original sixth month warranty. We are wondering if there is something we should be doing but aren't. We think this guy is giving us the runaround. Plus...there is that rental car expense my mother incurred and the inconvenience of not having our car. I am starting school on Monday and need my car, and he came across as though it wouldn't be fixed by then. What should we do? Should we sue him? I am planning on taking the car to another shop for a complete "lemon check" to make sure everything was done on it. When we call him he gives us the runaround and more bs.

Update:

This morning...he threatened to sue us for defamation of character and harrassment because yesterday my husband told him we could just take him to court, but all we want is the car fixed. He says he is only fixing the car out of the kindness of his heart, but I think he knows he messed up and doesn't want a legal action. Should we get the car back and then go ahead and sue him anyway? On what grounds and what amount?

[TCB4U2B2B]

Hello dpech66

Since you purchased the vehicle without your personal mechanic having checked the vehicles condition prior to the sale and Ca. lemon laws do not apply to used vehicles, sad to say your in a bad situation.

Your posting gets somewhat convoluted between the current vehicles condition and the prior vehicle conditions. I take it the current vehicles problem is overheating and not an oil loss problem. The tow truck drivers personal story can be totally discounted and has no bearing of fact pertaining to your matter.

Regardless of whichever problem your current vehicle has, threatening the seller with a law suite does not help your situation. I would suggest you contact the state's bureau of automotive affairs and request assistance in the repair of the vehicle.

I think you misunderstood. It overheated the first time in April, and we paid for the repairs in full. A week after it was repaired, the knocking started and when we put our hand over the oil plug underneath it fell off into our hands, and there was no oil on the dipstick. No one had touched the engine after we got it back from the shop. It did not overheat the second time.

As for the suit issue, he threatened to sue us for defamation of character and harrassment, only because we want the car repaired.

We don't want to sue. We just want the car fixed.

Our dispute is not with the original purchase. That was an "as is" deal. Our dispute is in the mechanic not tightening the plug down resulting in oil loss and the demise of the engine. The engine would be fine if not for this fact.