Car Salesman Misrepresentation

[rldonahue]

What is the name of your state (only U.S. law)? South Dakota.

I purchased a 2006 Hummer H3 with 130,000 miles on it from a reputable dealer in Aberdeen, SD. Before I could test drive it the salesperson told me there was a problem with it (would not shift out of 4wd lock) that needed to be fixed. She said it was in the transfer case. I started researching transfer case problems online and found that the 2006 Hummer H3 had a common problem with a plastic shift fork breaking and needing repair. I also found out that the case it's self was flawed and it was hard to fill with fluid. The transfer cases were redesigned in late 2007. The saleswoman called me back and told me that there was a bad part in the transfer case, but since it was noisy too, they were putting a NEW one in it. I was very happy and eventually test drove it without noticing a problem with it shifting in and out of 4wd lock. I purchased it and drove home. A few weeks later I noticed it binding up when turning. I took it in to a GM repair shop in my hometown and they said before they could diagnose it I would need new tires. The rear tires were way to worn. They also said that the front and rear differentials as well as the transfer case were way overfilled with fluid, which they fixed for me. I got new tires and it still didn't fix the problem. I found out from an online Hummer forum that the "binding while turning" is caused by the Hummer being in 4wd lock. Even though it doesn't indicate that from the lights in the cab. I also found out that this is the common problem when the transfer case is bad. I was under the impression this was a NEW transfer case so I was looking at other things causing the problem. After a few more weeks I finally was going to take it to the shop again and before I did that I sent an e-mail to the salesperson again. I asked her if she was sure that it was a new transfer case. She wrote me back and said no, it is a USED transfer case out of a 2006 Hummer H3 with 40,000 miles. Well, therein lies my problem. Those old transfer cases had plastic shift forks that eventually failed. She lied to me when I bought it because she told me it was a new transfer case when in reality it is a used one. She even bragged to me and my girlfriend when I picked it up about the great deal I was getting a 2006 Hummer for $11,000 and a new transfer case. I've been in touch with her and she says that since it's a preexisting condition that they will probably pay for the repair. I have to get it diagnosed and an estimate. It'll probably be about $800 to repair the old transfer case.

I want to keep the Hummer, but I want a new case not the old one. Can I force them to live up to their claim of it being a NEW transfer case and have them install a new one? Is this a criminal offense and can I make a criminal complaint if I don't get the new transfer case? What are my other options?

Thank you!What is the name of your state (only U.S. law)?

 

[Zigner]

What is the name of your state (only U.S. law)? South Dakota.

I purchased a 2006 Hummer H3 with 130,000 miles on it from a reputable dealer in Aberdeen, SD. Before I could test drive it the salesperson told me there was a problem with it (would not shift out of 4wd lock) that needed to be fixed. She said it was in the transfer case. I started researching transfer case problems online and found that the 2006 Hummer H3 had a common problem with a plastic shift fork breaking and needing repair. I also found out that the case it's self was flawed and it was hard to fill with fluid. The transfer cases were redesigned in late 2007. The saleswoman called me back and told me that there was a bad part in the transfer case, but since it was noisy too, they were putting a NEW one in it. I was very happy and eventually test drove it without noticing a problem with it shifting in and out of 4wd lock. I purchased it and drove home. A few weeks later I noticed it binding up when turning. I took it in to a GM repair shop in my hometown and they said before they could diagnose it I would need new tires. The rear tires were way to worn. They also said that the front and rear differentials as well as the transfer case were way overfilled with fluid, which they fixed for me. I got new tires and it still didn't fix the problem. I found out from an online Hummer forum that the "binding while turning" is caused by the Hummer being in 4wd lock. Even though it doesn't indicate that from the lights in the cab. I also found out that this is the common problem when the transfer case is bad. I was under the impression this was a NEW transfer case so I was looking at other things causing the problem. After a few more weeks I finally was going to take it to the shop again and before I did that I sent an e-mail to the salesperson again. I asked her if she was sure that it was a new transfer case. She wrote me back and said no, it is a USED transfer case out of a 2006 Hummer H3 with 40,000 miles. Well, therein lies my problem. Those old transfer cases had plastic shift forks that eventually failed. She lied to me when I bought it because she told me it was a new transfer case when in reality it is a used one. She even bragged to me and my girlfriend when I picked it up about the great deal I was getting a 2006 Hummer for $11,000 and a new transfer case. I've been in touch with her and she says that since it's a preexisting condition that they will probably pay for the repair. I have to get it diagnosed and an estimate. It'll probably be about $800 to repair the old transfer case.

I want to keep the Hummer, but I want a new case not the old one. Can I force them to live up to their claim of it being a NEW transfer case and have them install a new one? Is this a criminal offense and can I make a criminal complaint if I don't get the new transfer case? What are my other options?

Thank you!What is the name of your state (only U.S. law)?

You can reasonably expect them to repair the vehicle. You don't get a new transfer case.

 

[rldonahue]

Yeah, I guess my only recourse is writing negative reviews on them. Pissed off consumer is probably one I can go to. I think I'll wait until they fix it though Thank you.

 

[swalsh411]

Your expectation that they should put in a new transfer case in a 6 year old truck with 130,000 miles is entirely unreasonable and you will look like a fool complaining about it.

 

[startedone]

Anything they say .. write it down & make it part of the contract with clauses of corrective action activities if an issue arises.

I do this & salesmen look at me like "whaaat?" I say, take it or leave it .. you did say these things regarding the car's condition, right?

 

[Zigner]

A good thing to remember is that EVERYTHING is negotiable. Last year, I helped my son purchase a used car. It was advertised from the dealer "as-is." We had them write in to the contract a (short) warranty period. Didn't have to pay extra for it either

 

[startedone]

A good thing to remember is that EVERYTHING is negotiable. Last year, I helped my son purchase a used car. It was advertised from the dealer "as-is." We had them write in to the contract a (short) warranty period. Didn't have to pay extra for it either

You got it ... he who has the gold, makes the rules

 

[rldonahue]

Your expectation that they should put in a new transfer case in a 6 year old truck with 130,000 miles is entirely unreasonable and you will look like a fool complaining about it.

Do you know what a Hummer is? It's not unreasonable. The cost difference between a new one and the used one they got was $600. I would have paid the difference if she would have told the truth and not LIED about it. The old transfer cases had problems. I would have gladly paid the diff in cost.

 

[Mass_Shyster]

If you can prove that the dealer agreed to sell you a car with a new transfer case, you will likely win in court.

Check your sales contract and see if there is a clause in it along the lines of "this is the entire agreement between the parties". If so, the words on the paper represent the agreement. If not, you may be able to introduce evidence at trial that they agreed to provide a vehicle with a new transfer case.

The other question is:

If a new transfer case costs $600 more than a used transfer case, and the cost to repair a used transfer case if $800, what is the cost of a new transfer case?

You said you were willing to pay the difference of $600. Are you still willing to pay $600 for a new transfer case?

BTW, $11K sounds like a great deal for a 2006 Humbler.

 

[swalsh411]

Do you know what a Hummer is?

A Hummer H3 like you bought is a slightly modified Chevy Colorado (GMT355) with a different body. It is nothing at all like the heavy duty military style H1 they used to make.