What is the name of your state (only U.S. law)? New York
THANK YOU IN ADVANCE FOR TAKING YOUR TIME TO READ MY POSTING BELOW. I REALLY APPRECIATE YOUR HELP IN THIS MATTER.
I paid $3500 cash for a VAN from a used car dealership.
After taking the Van home, I immediately had the engine inspected by a mechanic independent from the dealership. I found that there were a lot of things wrong with the engine; there were lots of engine codes "firing" and leaks from the head gasket. I brought the Van back to the dealership and they told me that they would fix it. As I was dropping the van off to get it fixed at the dealership, I spoke to the mechanic at the dealership and he told me that the mechanic I used didn't know what he was talking about. So I left it with him to get it fixed. Please note that the first time I left it with the dealership to get it fixed was in the same week of my purchase of the vehicle.
After I got my Van back again from the dealership, I took it to another mechanic (a different mechanic from the first mechanic I had taken it to). This mechanic basically said the same things were wrong with the Van as did the first mechanic. So, it turns out that the dealership never fixed any of the problems that were found with the vehicle by the first mechanic.
I immediately brought the vehicle back to the dealership and they promised me they would fix it and they apologized. Now I have been waiting two weeks for the dealership to fix my Van and give it back to me. I called them twice last week and they told me the car would be fixed soon. I called them today and they told me the car wasn't ready yet.
Could this dealership be attempting to wait out the 30-day lemon law warranty period to give me back a van they never had any intention of fixing in the first place? If so, would it matter that they had posession of my Van for two full weeks? Can I bring the van back to them after the 30-day lemon law warranty period if they return the Van to me on the last day of the 30-day lemon law warranty period? Would they still be obliged by law to fix the problem?
Even though I bought the vehicle from the dealership pre-inspected, both of the mechanics I brought the Van to said that the vehicle should have never passed inspection because of the engine code firings.
Please note that when I paid for this Van, I never got any kind of documentation detailing any kind of warranty on the car. I figured that I would take advantage of the lemon law which I believed would automatically provide me with a 30-day warranty against engine and transmission trouble.
Would someone please tell me what my recourse is in this situation? I have already filed a suit in small claims court and will dismiss the case if the car dealership actually does pull through this time and fix my Van.
Does anyone have any suggestion for me in this situation? If I call them back again, what should I say this time?
Please note that the purchase date of this car was 01-28-2010. I believe the lemon law warranty period would end on 02-28-2010, if my understanding of the lemon law is correct, that is. So, as I sit here and write this letter, I am still in the lemon law warranty period.
Thank you in advance for your help. I appreciate you reading my long post and any insight you may be able to provide me in this case.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?