Lookin' for some quick (legal) advice re: failed auto repair

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Lookin' for some quick (legal) advice re: failed auto repair

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Started 3 years ago by turbo ninja
Latest reply from Cookie

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turbo ninja
Crumb Bus, Oh.
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So I just got my '98 Accord back from a transmission shop, or at least a shop that represents itself as being a transmission specialist. It was the car's third visit to this shop since September of 2006 when I paid an obscene sum of money for a total overhaul of my automatic transmission.
It went back last year when second gear started to fail, and it went back last month for the exact same problem. The first return visit was covered under warranty. This most recent visit was covered "as warranty" even though the actual coverage had expired.
After being promised three or four times that the problem was identified and repaired, the car would fail its road test and they'd want to keep it longer. This last visit started on Monday, July 14th. I just got the car back last night. That's three and a half weeks of having to find alternate transportation and/or carpool.
I was excited to drive my own car to work this morning. That lasted for about two blocks until the original problem resurfaced, PLUS now the gear shift itself feels mushy when I go from Park to Reverse, or from Reverse to D4. The shifter used to snap crisply and lock in. Now there's wiggle room, particularly between N and D4. Add in the greasy handprints on my interior and I'd say that the car is worse now than it was when I took it in.
Anyone know if there are legal protections for consumers, something like a lemon law but for car repairs? I'm pretty sure this same shop would take another stab at "fixing" the problem because I'm sure as hell not satisfied with what they just did, but I don't want to give them my car for another month.
It would be great if there's some turnkey legal thing I can invoke - I'd really rather avoid hiring a lawyer and potentially spending more money on that than I would just taking the car to the dealership and having it fixed correctly.

Posted 3 years ago #
Ndcent
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Personally, I'd either cut my losses and get a new car or take the car to a new shop. You're in for a world of headache and pain to try legal action.

Posted 3 years ago #
lifeliberty
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agreed. you have to give the shop opportunity to fix the problem before bringing in lawyers. just the fact that the shop will take it in again is a good sign that they are willing to work with you.
which shop is it?

Posted 3 years ago #
gramarye
In Exile
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Check PM.

Posted 3 years ago #
turbo ninja
Crumb Bus, Oh.
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lifeliberty wrote agreed. you have to give the shop opportunity to fix the problem before bringing in lawyers. just the fact that the shop will take it in again is a good sign that they are willing to work with you.
which shop is it?
AATCO Transmission off Sawmill & 270. I figure they've failed me enough to deserve having their name out there as a place to avoid, even if they manage to finally make good on this issue.

Posted 3 years ago #
Hael

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i had a transmission issue with my 98 Acura CL. I had the stealership change the tranny fluid during an routine oil change. No effect. The next oil change they gave me an estimate for a new transmission. Very painful.
the car had about 100k miles on it and this seemed suspect to me given Honda / Acura's rep for reliability and quality.
I ended up trading it in on a Ford. The Ford dealership was none the wiser as the symptoms only happened occasionally.
This is what I would do if I were you.

Posted 3 years ago #
mrsosu21
the view is grand.
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Found this on the Attorney General's website:
http://www.ag.state.oh.us/citizen/pubs/ohioconsumerlawsWEB.pdf

Posted 3 years ago #
mrsosu21
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http://www.ag.state.oh.us/citizen/pubs/autorepairsWEB.pdf

Posted 3 years ago #
Cookie
Flyntonville
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Hael wrote I ended up trading it in on a Ford. The Ford dealership was none the wiser as the symptoms only happened occasionally.
This is what I would do if I were you.
Am I the only person that thinks this is kind of a shitty thing to do?

Posted 3 years ago #
mrsosu21
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I don't think it's all that uncommon to trade in something that works most of the time on something newer. I had a camry that kept acting up, needed a $150 part replaced, but we'd already spent a ton of money on fixing everything else. My financial planners (i.e. parents) wouldn't spend another dime on that car they were so pissed....
So we cleaned her up and traded her in on a corolla...crossing our fingers that it wouldn't stall out in the parking lot.

Posted 3 years ago #
joev
Merion Village
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Cookie wrote
Hael wrote I ended up trading it in on a Ford. The Ford dealership was none the wiser as the symptoms only happened occasionally.
This is what I would do if I were you.
Am I the only person that thinks this is kind of a shitty thing to do?
If you mean getting a Ford, then yes.

Posted 3 years ago #
BBJ
Detroit, MI
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I bought my first car in 1998, the year I graduated high school, it was a 1997 lexus es300. 11 years and 230,000 miles later it runs like a charm. That is why when I must buy a new car, hopefully not for another two or three years, it will only be Lexus or Toyota. Best cars ever.

Posted 3 years ago #
gramarye
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I read somewhere recently that Lexus has been tops in the J.D. Power & Associates three-year durability ratings for something like fourteen years running. Pretty solid record.
Still might be a little pricey for me ... though if they come out with a plug-in electric vehicle by the time my current little pipsqueak Nissan croaks, all bets are off. :)

Posted 3 years ago #
Ndcent
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Cookie wrote
Hael wrote I ended up trading it in on a Ford. The Ford dealership was none the wiser as the symptoms only happened occasionally.
This is what I would do if I were you.
Am I the only person that thinks this is kind of a shitty thing to do?
Oh, maybe not - but I'd assume you're definately in the majority.
Dealers can have motorvehicles fixed for A LOT cheaper than you'd pay as an individual, and I would think they would almost expect some things to be wrong with trade-ins.
I traded a BMW GS that needed over $2K in work (which of course I didn't tell them) on a new Honda sportbike. They didn't even take my BMW off my trailer before our deal was done - I guess they just wanted that bike so bad, repairs needed or otherwise.
I got $200 more than I paid for that GS on Trade-In! Pretty awesome (yes I'm patting myself on the back.)

Posted 3 years ago #
turbo ninja
Crumb Bus, Oh.
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mrsosu21 wrote http://www.ag.state.oh.us/citizen/pubs/autorepairsWEB.pdf
Thanks - I found that this morning but it says more about what the shop can't do than it does about what my rights are. I was hoping for something closer to the very specific protections and processes in place for new-car lemon laws.
I agree that there's a moral connundrum with passing off a flawed used car on someone, but I think CarMax or a dealership would have ample opportunity to appraise the car before offering any cash value for it. I wanted to get the problem fixed to help with resale value if I were to sell it to a private buyer. At this point I don't owe anything on the car but the investment I'd have to make to get an OEM transmission would wipe out any profit I'd make on the car over selling it as-is to CarMax. No sense in that, plus I know my car is too old and worn for CarMax to re-sell at retail so it would go to their auction lot.

Posted 3 years ago #
Hael

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Cookie wrote
Hael wrote I ended up trading it in on a Ford. The Ford dealership was none the wiser as the symptoms only happened occasionally.
This is what I would do if I were you.
Am I the only person that thinks this is kind of a shitty thing to do?
Its not shitty considering the amount they gave me for the trade. I knew I could sell it outright for twice as much. But that would have really been the shitty move on my part.
So, here in this case, you are incorrect. Not a shitty move.

Posted 3 years ago #
some dude in clintonville
Clintonville (obviously)
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Cookie wrote
Hael wrote I ended up trading it in on a Ford. The Ford dealership was none the wiser as the symptoms only happened occasionally.
This is what I would do if I were you.
Am I the only person that thinks this is kind of a shitty thing to do?
No you aren't. Especially considering it's a Honda. We all know the reputation Hondas have. Some poor sap is going to buy that thing, thinking it'll last for millions of miles, only to find it nearly undrivable.
Also, drive a manual. They are ten times easier to have serviced, as well as being more fuel efficient.

Posted 3 years ago #
gramarye
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Manuals have too steep a learning curve for me. (Or, more accurately, I just can't afford to get a car with a manual transmission just to experiment on.)
I sometimes think automatics have too steep a learning curve for me, too, but we just haven't gotten to the point where cars can drive themselves yet. I think we'll get there eventually, though. :)

Posted 3 years ago #
Daz
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Cookie wrote
Hael wrote I ended up trading it in on a Ford. The Ford dealership was none the wiser as the symptoms only happened occasionally.
This is what I would do if I were you.
Am I the only person that thinks this is kind of a shitty thing to do?
As, when they sell that used vehicle to someone, that person will be the one passed the hurt?
Yeah... that sucks, seeing as the normal person to purchase a 10 year old vehicle from a dealership is not someone with the type of money required to get a new tranny.

Posted 3 years ago #
lifeliberty
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it's buyer beware. i've only ever sold one vehicle, a motorcycle, that was in better condition than when i bought it.
but I buy older motorcycles, I just got my 1979 kz400 on the road. :o
basically when you are buying a used vehicle, no matter the age, you go into that contract with an understanding that it is not a new vehicle and it may have some problems.
a person can sell anything to anyone, that is not a big deal. they do not have to fully disclose anything(cept for houses, you sign a disclosure contract)
the only problem I would have is when a seller knows of a problem, is asked point blank about the problem, and then lies about it in order to make the sale.

Posted 3 years ago #