Legal Question in Consumer Law in California

I just paid $5200 for a used Volvo S60 from a small dealer/Volvo mechanic. Test drove it and transmission had a little glitch between 3rd and 4th gear, but not horrible. He said his S80 did the same. No big deal. I drove it home and once in my neighborhood, went to the bank, and noticed the transmission making a clunking kind of sound when shifting at slow speeds. Also when stopped at a light it would shift out of gear and clunk back in. I called within 4 hours of leaving his lot. He had me bring it back. He offered to put a used transmission in and not charge me for labor. I didn't want another used tranny, so I agreed for an additional $700("parts only") to halve the valve body rebuilt and he was sure that would fix it. Well now it's worse than before, and I've already made several trips back to him. It's now been 22 days since the purchase. It was "as is". Do I have any hope?


Asked on 3/31/10, 11:03 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Probably not. You had the opportunity to have it inspected before you purchased it and, in fact, you noticed the defect when you test drove it. However, you might have a claim for defective repair. This sounds like a matter for small claims court.

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Answered on 4/10/10, 5:05 pm


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