new member with T-case issues 9 days after buying the car...
I bought mine "as is" with the t-case going out. From what they told me it sounded like once I'm off the lot, I assume full responsibility for anything that goes wrong.
Sorry to hear - these things aren't getting any cheaper.
Sorry to hear - these things aren't getting any cheaper.
Lemon Law to my knowledge only applies to new cars, not used. Why would they protect cars that they have no idea how they are driven or maintained?
The other thing you have going against you is what AWD stated.
You test drove the car, it drove fine and no noises....
Unless you lie your *** off in court.... how was the dealership supposed to know? You didn't get the car inspected? Who buys a used car regardless of what it is and not getting it inspected?!
I think it sucks for you, but really, its a used car with 75k miles on it.... i just don't think you did yourself any justice by not getting it inspected and to be honest with ya, it may not have mattered anyway since the car was shifting fine and making no noises...
Keep us posted and good luck, hope you get your car back up n running
That being said, if the dealership is standup, they should at least offer to assist you with the repair even if they don't pay for it all. If they pick up 50% or 75% of it, that would sure be better than nothing.
The other thing you have going against you is what AWD stated.
You test drove the car, it drove fine and no noises....
Unless you lie your *** off in court.... how was the dealership supposed to know? You didn't get the car inspected? Who buys a used car regardless of what it is and not getting it inspected?!
I think it sucks for you, but really, its a used car with 75k miles on it.... i just don't think you did yourself any justice by not getting it inspected and to be honest with ya, it may not have mattered anyway since the car was shifting fine and making no noises...
Keep us posted and good luck, hope you get your car back up n running
That being said, if the dealership is standup, they should at least offer to assist you with the repair even if they don't pay for it all. If they pick up 50% or 75% of it, that would sure be better than nothing.
I looked over the car and did a compression test and made sure the clutch was in good shape, 73k miles and it ran fine. Did my own car fax and checked all the vin# on the fenders, trunk, doors, dash ect... Things like the tranny or t-case is hard to notice unless its shifting funny or making the death whine which it wasn't... It's a decent size used car dealer that always has evo's and higher end cars. Only thing is they're russians but I never expected the car to break down this fast. I knew these cars have issues with the t-case and trans but it drove great and looked really nice. We love the car and want to fix it I even told them we don't want to return it. They were nice to give us 2k more than the trade in value of her rsx but still 17,999 for this to happen...
I know what place you're talking about. My buddy warned me about them and told me not to buy from them because they are known to be shiestly! Sorry bro, did you guys see that car on craigslist? I'm pretty sure I've seen the one you bought.
Implied Warranties on Used Cars
Every used car sold by a dealer in the State of Washington for personal (not
business) use has an implied warranty of merchantability under RCW 62A.2-314. This
means that the dealer promises the used car will be fit for ordinary driving purposes,
reasonably safe, without major defects, and of the average quality of similar cars which
are generally available for sale in the same price range.
A car can be sold without the implied warranty of merchantability (as is), if the
consumer waives or gives up, the warranty. Courts have ruled that the implied warranty
is legally waived only if: 1) the consumer explicitly negotiates and agrees to the fact that
the car does not have an implied warranty, and 2) the dealer gives the consumer a
statement of the particular characteristics or parts of the car which are not being
warranted.
When the vehicle was purchased, if there was a Buyers Guide sticker in the
window which was marked As-Is, this alone is not sufficient to waive the implied
warranty of merchantability. To waive the implied warranty on a used car, the above two
requirements must have been met.
A dealer may believe the implied warranty was waived because the buyer signed
a form giving up that right, or because the contract contained a clause which waived the
warranty. However, unless the waiver was specifically negotiated with the customer, as
described above, the waiver is not legally valid.
Also, if the consumer buys an extended service warranty contract within 90 days
of buying the used car, by law, the implied warranty of merchantability cannot be waived
under any circumstances.
As mentioned earlier, a used car must be reasonably fit for ordinary driving for a
reasonable period of time. If the buyer has major problems with the vehicle, the
consumer can request that the dealer fix the problem or refund the purchase price of the
car. If the dealer refuses, that may be a violation of the consumers implied warranty of
merchantability.
In these cases, the consumer can first file a complaint with the Attorney Generals
Office or the Better Business Bureau. However, if that fails to resolve the problem, the
consumer must file a lawsuit to enforce the implied warranty. This can be done without a
lawyer in Small Claims Court, if the amount involved is less than $2,500. Otherwise, it
will be necessary to file a legal action in District or Superior Court, which usually
requires hiring a lawyer. Keep in mind that Small Claims and District Courts cannot
order the seller to perform repairs, but can only require the payment of money to cover
damages.
Used cars also have another implied warranty under state law, called Warranty
of Fitness for a Particular Purpose (RCW 62A.2-315). This provides that when the
seller knows the vehicle is going to be used for a particular purpose, such as racing or
towing a trailer, and the buyer is relying on the sellers expertise to provide a suitable
vehicle, a warranty is created that the item will actually be fit for that purpose. Again to
enforce this type of warranty, its necessary to go to court.
if i were you, i would take a sample of the trans fluid, transfer case fluid, and diff fluid. you can have someone analyze it and see if it is the correct fluid for the car. these cars don't necessarily have trans issues like that. i have 78k with stock clutch and stock everything except for whats in my sig. ive been to the track and launched a few times and drove home the same night. i've had the car since 8k. i did use diaqueen when i did my 60k though. good luck.
heres a question. you owned the car for nine days. are you gonna tell us in that time you never launched the car? never tested the awesome acceleration? no hard 1/2 shifts? cause theres not a chance on earth I would believe you didnt. everybody tests that feature. Its a AWD car specialty. problem here is there is a large percentage of people breaking tcases and trannies because they dont know how to drive the car correctly. as stated earlier just because it broke during cruise doesnt eliminate the fact gears get damaged when driven hard. then let go at any given time.
prolly not much chance you will admit you may have broke car. takes a real man to do that. much easier to place blame on seller. much easier on the wallet too.
prolly not much chance you will admit you may have broke car. takes a real man to do that. much easier to place blame on seller. much easier on the wallet too.
heres a question. you owned the car for nine days. are you gonna tell us in that time you never launched the car? never tested the awesome acceleration? no hard 1/2 shifts? cause theres not a chance on earth I would believe you didnt. everybody tests that feature. Its a AWD car specialty. problem here is there is a large percentage of people breaking tcases and trannies because they dont know how to drive the car correctly. as stated earlier just because it broke during cruise doesnt eliminate the fact gears get damaged when driven hard. then let go at any given time.
prolly not much chance you will admit you may have broke car. takes a real man to do that. much easier to place blame on seller. much easier on the wallet too.
prolly not much chance you will admit you may have broke car. takes a real man to do that. much easier to place blame on seller. much easier on the wallet too.
I wouldn't assume anything...I have had my car for two years and never launched it. and yes, it has been on a track, just not a drag strip. Did you read what other cars he has? It's not like he's never been in a fast car before and has spent the nine days doing four wheel burnouts screaming "I am so damn cOOL!"

EXACTLY! It's a stock evo I don't care what it can do and its not MY car. I NEVER launched the car or ground any gears. My s4 makes almost 500awhp a twin disk clutch and ive never messed up my anything. Im also am a pro am drifter and I have yet to blow a trans even in my drift car and that car gets a beating. I know how to drive and I know I didn't do anything to the car to cause any stress to it. I had just bought all Redline fluids, plugs, new air filter, new fuel pump and I didn't even get a chance to do anything to the car so I know its nothing I did or changed. It takes a man not to beat the **** out of his gf's new car and drive like a high school kid in a mustang. I'll keep you guys posted on what my lawyer says tomorrow. On a good note I found a freshly rebuilt trans and t-case with a harden ring and pinion for 3k shipped. 3k I didn't want to put twards this but I guess ill have to sell one of my extra sets of 18x11 te37 track wheels
Last edited by BuiltS13; Nov 11, 2010 at 06:50 PM.
EXACTLY! It's a stock evo I don't care what it can do and its not MY car. I NEVER launched the car or ground any gears. My s4 makes almost 500awhp a twin disk clutch and ive never messed up my anything. Im also am a pro am drifter and I have yet to blow a trans even in my drift car and that car gets a beating. I know how to drive and I know I didn't do anything to the car to cause any stress to it. I had just bought all Redline fluids, plugs, new air filter, new fuel pump and I didn't even get a chance to do anything to the car so I know its nothing I did or changed. It takes a man not to beat the **** out of his gf's new car and drive like a high school kid in a mustang. I'll keep you guys posted on what my lawyer says tomorrow. On a good note I found a freshly rebuilt trans and t-case with a harden ring and pinion for 3k shipped. 3k I didn't want to put twards this but I guess ill have to sell one of my extra sets of 18x11 te37 track wheels 

you may want to find whats broken. I have never seen a broken trans lock all four wheels. broke t-cases do that. its possible the t-case broke and your tranny survived. you may be looking at 800 used tcase and your on your way.
also very possible the shattering t-case takes out tranny along with it.
3k shipped for rebuilt tranny and t-case is expensive. and you dont need that for a stock car. stock trans and t-cases have gone hundreds of passes in the low tens and high 9s. used 5 speed trans are going for about 800 as well.
Situations like this are what makes running a profitable business in the current day and age very difficult. Everyone feels entitled to a free everything or huge discount if so much as a feather is ruffled. I certainly understand how you feel, but wouldn't feel entitled to a free repair in the same position. You bought a used car. The used car broke. Knowing that it's not your fault and it's not the dealer's fault (if it drove well with no problems when purchased as you say) then yes it sucks, but I'd man up and pay to fix it. How long is a used car expected to be maintenance/repair free? 1 day, 9 days, 3 months, years? Unreasonable expectations here. When my stock motor EVO was putting down 600whp on the dyno I knew that if it hung a rod out the side of the block I wasn't going to put it back to stock and stick it to Mitsubishi for a warranty repair. If we as a society didn't take every opportunity for a freebie or sue for no good reason things would cost a lot less.
You are pretty much SOL if you bought car without warranty. "as is" means just that. the only exception is in cases where you can show they deliberately tried to hide something wrong with car. like if car was salvage title and it wasnt disclosed during sale. a failing t-case is unfortunate. but it is up to the buyer to have car checked out by your own mechanic. if you failed that you failed yourself.
These cases are on court shows all the time.
These cases are on court shows all the time.
Situations like this are what makes running a profitable business in the current day and age very difficult. Everyone feels entitled to a free everything or huge discount if so much as a feather is ruffled. I certainly understand how you feel, but wouldn't feel entitled to a free repair in the same position. You bought a used car. The used car broke. Knowing that it's not your fault and it's not the dealer's fault (if it drove well with no problems when purchased as you say) then yes it sucks, but I'd man up and pay to fix it. How long is a used car expected to be maintenance/repair free? 1 day, 9 days, 3 months, years? Unreasonable expectations here. When my stock motor EVO was putting down 600whp on the dyno I knew that if it hung a rod out the side of the block I wasn't going to put it back to stock and stick it to Mitsubishi for a warranty repair. If we as a society didn't take every opportunity for a freebie or sue for no good reason things would cost a lot less.






