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crook for a dealer

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K

KVARNER

Guest
PLEASE HELP - used car blues

What is the name of your state? AZ

We bought a used car 2 and a half weeks ago from a used car dealer in Phoenix. We were told that the car had been thoroughly inspected and that it had no problems so we bought the car. We never signed anything that said "as is".

The very next day, after driving the 2 hour drive home to Tucson, we noticed a SIGNIFICANT amount of motor oil under the car. (We looked under the car at the dealer and did not notice oil). Turns out, it leaks only after being driven.

We took the vehicle to 2 different mechanics for estimates, one quoted us $800 to replace the timing chain cover gasket. The other mechanic told us he could try to patch the leak for $250, but if that didn't work, he would also have to do the full job for $800. After paying $250 to attempt to patch the leak, the car still leaked oil.

It was at this time that we contacted the dealer. The dealer informed us over the phone that if we dropped the car back up in Phoenix, he would take care of the problem. Extremely grateful for their cooperation, we made the long drive to drop off the car.

Yesterday, after 10 days, we were contacted that the vehicle was ready for us to pick up and the leak had been fixed. When we drove the 2 hours to pick it up, they refused to release the car unless we agreed to pay half of the $867 repair bill. We never agreed to pay any of it prior to this. They told us verbally over the phone, they would "take care of the problem".

Reluctantly and furiously, we wrote a check for $433 and made them sign an agreement that if the repair was not successfully completed after being inspected by OUR mechanic, the payment would be invalid and the dealer would be 100% responsible for correcting the problem.

This morning, we went out to the car and discovered a new pile of fresh clean oil on our driveway.

Questions:
Did they legally have the right to "hold our car hostage"?
Can I stop payment on the check for $433?
What legal recourse do I have?
Can I have our own mechanic do the repair in a matter of days, and make them pay for it, or do I have to let them take our car and do the repairs by their mechanic and wait another few weeks to get our car back?

DESPERATE!! Please help!!
 
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