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Used car purchase, "we owe" items not performed - stop payment on check?

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pram99

Junior Member
What is the name of your state? Georgia

Facts:

Bought used car with amended "As is, No Warranty" document that stipulated replacing faulty transmission mounts, fixing front brakes.

we paid $3500 cash and wrote 2 post dated checks, $500 each. these checks were dated 30 days and then 60 days out from date of purchase, respectively.

we took delivery of the car 3 days after we signed contract etc. they needed time to fix brakes.

took car home and realized brakes were not feeling like they were working right. we called dealership and they asked to bring car back in the following day. before leaving house the next morning, we check and found the brake fluid reservoir totally empty.

we informed them of this when we returned car to dealer that morning.

we were asked to pick car up next day. brakes still not working right - squishy, soft and grinding badly. discovered empty brake fluid reservoir again, they filled it up and we drove car and found brakes to still be squishy and soft and grinding.

by this time we are really frustrated and frankly angry they would be so remiss regarding such a serious safety issue.

we left car with them and asked for the owner to contact us. phone call from salesman saying owner was not available, but the car was driven by the service manager and said the brakes are fine and they were not going to do anything more.

we decided to go get the car and take it to a Saab dealership and pay to have the work done on the car as conditions of the contract evaluated and estimate cost to remedy the problem.

our concern is the dealership will deposit our checks before the date written. we would like to explore pursuing a financial remedy if we have to pay to fix the brakes they were contractually obligated to repair.

should we stop payment on the checks, pay to have the car fixed if necessary and then send them a new check for the balance and a letter explaining the rationale for the difference? am i breaking the law doing this?

thanks in advance
 


Ozark_Sophist

Senior Member
The dealer could deposit the checks legally at any time. Search the forums for discussions on the practice of post-dated checks.

Did you drive the vehicle with the reservoir empty? Or after you discovered it empty? If it was totally empty, besides the leak or bad master cylinder, the brakes would have been spuishy because air is in the lines. The brake lines needed to be purged of air before driving. You took a risk driving the vehicle without purging the lines (assuming you refilled the reservoir before driving. I would have it towed.

What was the problem with the front brakes? Ask them what they did to fix the problem.

It sounds like you may have an additional problem with the brake system beyond the front brakes. If the dealer fixed the problem with the front brakes, he satisfied your agreement. If all they did is purge the lines and add fluid, they didn't fix it.

What did the saab dealer diagnosis?
 

pram99

Junior Member
we did indeed fill the reservoir before driving.

the dealer said they replaced master cylinder, brake shoes and turned rotors. the brakes should work great considering the repair they claimed to have made. at this point i feel their mechanical expertise is highly suspect. this is just a simple used car lot, not really anything more.

taking car to Saab dealer tomorrow.

brake pedal travels too much, is squishy and soft. front brakes still grind horribly.

we also have a 94 volvo and the brakes are much better than the Saab. i know that new brakes should not feel like that.
 
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