new member with T-case issues 9 days after buying the car...
Evolving Member
Joined: Apr 2007
Posts: 139
Likes: 0
From: Pacific Palisades
it sounds to me something broke inside the transmission which is getting stuck between the input and output shafts. if it were the tcase you should be able to adjust gears. Given you can't I'm thinking there could be something preventing the shifter forks from adjusting.
I break my transmission every 3 months so I taught myself how to remove, fix and install the transmission. It usually costs me a few hundred to fix each time. I have never had to spend more than 900 dollars to fix a broken transmission which included having to replace the case, some gears, input shaft, and hubs.
If you are going to spend the money on a civil lawyer, just do yourself a favor and get it fixed yourself. The cost for the dealer to fix the transmission will be small compared to the cost of a civil lawyer. Unless you are trying to make a point to the dealer then go ahead.
It's a bummer that this has happened to you, and I'm glad you, your gf, or anyone else didn't get hurt in the process. These cars are allot of fun, but sometimes they just require a bit of TLC.
I break my transmission every 3 months so I taught myself how to remove, fix and install the transmission. It usually costs me a few hundred to fix each time. I have never had to spend more than 900 dollars to fix a broken transmission which included having to replace the case, some gears, input shaft, and hubs.
If you are going to spend the money on a civil lawyer, just do yourself a favor and get it fixed yourself. The cost for the dealer to fix the transmission will be small compared to the cost of a civil lawyer. Unless you are trying to make a point to the dealer then go ahead.
It's a bummer that this has happened to you, and I'm glad you, your gf, or anyone else didn't get hurt in the process. These cars are allot of fun, but sometimes they just require a bit of TLC.
call Shep have him rebuild the tranny and the tcase. Put the right fluids in that shep recommends. make sure whoever pulls the tranny and tcase do it correctly. Drive your EVO and have fun. You can do all this other stuff to try and get back your money on the side, but when you buy a car as is well you get it as is. It could have a blown engine or a huge dent its as is.
Shep can rebuild the tranny for 850 or so plus if you want the REM process done to the gears it another 250. Then the tcase the ring and pinion are 1550 plus 500for the rebuild i think and then another 250 for the REM process done and then you can add diff options like rs diff or what i did is the Quaiffe option. Quaiffe option adds another 1500 to your bill though.
Shep can rebuild the tranny for 850 or so plus if you want the REM process done to the gears it another 250. Then the tcase the ring and pinion are 1550 plus 500for the rebuild i think and then another 250 for the REM process done and then you can add diff options like rs diff or what i did is the Quaiffe option. Quaiffe option adds another 1500 to your bill though.
Made an appointment at the dealership wednesday to have a written estimate. Towing it there from bothell to auburn, then back.. Ordered a rebuilt trans from AWD motorsports and upgraded t-case for 3k shipped.. Not happy since I had to sell my built sr20 motor to buy this crap.. Saving for a clutch, most likely getting a ACT clutch since my co worker is sponsored by them. Also spoke to someone other than the salesman at sea auto sales and he said he would send my message about my issues and me taking them to court soon so we'll see what happens with that. Deff not gonna bend over and take it on this deal, gotta atleast try if not buy the extended warranty so we don't get ****ed either way.
It was never on craigslist or even on the dealers site. I seen the vehicle before they even listed it. Im not gonna bicker with anyone stating im just SOL or its my fault when really it isn't. One, me or anyone else wouldn't have been able to tell if the trans was fautly because it WAS driving fine but also that dosn't mean we're stuck with this $20,000 hunk of metal for a couple reasons stated here...
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 “Buyer’s 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 consumer’s implied warranty of
merchantability.
In these cases, the consumer can first file a complaint with the Attorney General’s
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 seller’s 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, it’s necessary to go to court.
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 “Buyer’s 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 consumer’s implied warranty of
merchantability.
In these cases, the consumer can first file a complaint with the Attorney General’s
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 seller’s 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, it’s necessary to go to court.
Woah bro, you need to relax! I'm not trying to make a stab at you. I was just sayin what I was told. Did I say weather you're stuck with it or not? No I didn't. Anyways, welcome to the forum and not everyone is your enemy.
"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."
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."
Last edited by Graphic; Nov 13, 2010 at 02:07 AM.
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