Can I get a refund if car specifications are wrong?

[manybranches]

I've bought a car from a dealership. The purchase document says the car has CVT transmission. 6 months after I had a problem with transmission and a mechanic that looked at it told me the transmission is not even CVT. Can I demand the dealership to return me the money I paid for the car? Can I also claim the money I spent on repairs after the purchase?

 

[quincy]

What is the name of your state?

 

[Zigner]

The purchase document ...

And please explain exactly what you mean by "purchase document".

 

[quincy]

And ... did you have a pre-purchase inspection? I assume the answer is no.

 

[manybranches]

What is the name of your state?

Wisconsin. But I've bought the car in Illinois.

 

[manybranches]

And please explain exactly what you mean by "purchase document".

The front page of the bunch of documents he gave me. The title says "Bill of sale". I can take a picture if you want.

 

[manybranches]

And ... did you have a pre-purchase inspection? I assume the answer is no.

I did, but they only reported superficial problems, like tires/oil change.

 

[adjusterjack]

Used car? I'm guessing yes.

You could have run the VIN on the internet to get the features and equipment and verify whether it was CVT or not.

I don't think you'll get anywhere looking for anything from the dealer.

 

[manybranches]

Used car? I'm guessing yes.

You could have run the VIN on the internet to get the features and equipment and verify whether it was CVT or not.

I don't think you'll get anywhere looking for anything from the dealer.

VIN check says it's CVT. The same is specified in the bill of sale. But the mechanic says it's a regular gear transmission. Do you think I could win a lawsuit based on that? Isn't it fraud?

 

[FlyingRon]

What year and model are we talking about?

 

[manybranches]

What year and model are we talking about?

Nissan Versa 2013

 

[justalayman]

I’m guessing somebody replaced the transmission at some point.

I have to guess you’re not much of a car person. There is a huge difference between driving a cvt and “regular” automatic transmission.

 

[manybranches]

I’m guessing somebody replaced the transmission at some point.

I have to guess you’re not much of a car person. There is a huge difference between driving a cvt and “regular” automatic transmission.

That's true, I've never driven a CVT one and I have no clue how it should feel like.

 

[PayrollHRGuy]

Or the mechanic is clueless. The 2013 Versa 1.6 SV, SL & S Plus all had CVT.

Nissan had problems with several CVTs between 2012 and later so you may well be better off.

 

[Taxing Matters]

VIN check says it's CVT. The same is specified in the bill of sale. But the mechanic says it's a regular gear transmission.

Are you certain that the mechanic actually is knowledgeable about it? I mean, he or she may well be right, but I wouldn't simply assume that. After all, in every profession and occupation there are some who really don't know their stuff. You might first want to have another mechanic look at it to verify that to be absolutely sure of it.

Isn't it fraud?

It is fraud if the seller actually knew it wasn't a CVT transmission at the time the seller made the representation to you. If you claim fraud, you'd have to prove that the seller knew what kind of transmission was there.

You can allege breach of contract and sue based on that. What you'd be entitled to there is the difference in the value between what your car is worth and what the same car with a CVT would be worth — that's what would allow you to get what you bargained for, a car with a CVT transmission.