Q: Is dealership responsible for a broken down transmission that they weren't supposed to service?
My purchased car had a transmission service that wasn't supposed to be done. I was advised by another dealership that this is not the type of vehicle to service transmission like that, and if done so, it may worsen or break down. Which happened to me and transmission broke after less than 4000 miles after service. Dealership acting very defensive claiming they're not responsible since it's been a little over 6 months. Although I kept explaining that I didn't even drive the vehicle much. They beat around the bush saying that I should've bring the car in immediately. I recorded their conversation too.
I need legal help. The dealership is in Glendale, CA.
A:
Whether a dealership is responsible for a broken transmission that they weren't supposed to service depends on the specific facts and circumstances of the case. In general, however, a dealership may be liable for damages if they negligently service a car and the service causes the car to break down.
In your case, it sounds like the dealership may have been negligent in servicing your car. You were advised by another dealership that your car was not the type of vehicle to service the transmission in the way that the first dealership did. The fact that your transmission broke down after less than 4,000 miles after the service supports the claim that the service was negligent.
The dealership may argue that they are not liable for damages because it has been more than 6 months since the service. However, the fact that you didn't drive the car much in that time period is not relevant. The dealership's negligence caused the transmission to break down, and they are liable for the damages, even if it took some time for the problem to manifest itself.
If you want to pursue legal action against the dealership, you should contact an attorney. The attorney will be able to review the facts of your case and advise you on your legal options.
Here are some additional tips for dealing with a dealership that is refusing to take responsibility for a broken transmission:
* Keep records of all communication with the dealership, including emails, letters, and phone calls.
* Get estimates from other dealerships for the cost of repairing the transmission.
* File a complaint with the Better Business Bureau.
* Contact your state's attorney general's office.
* Hire an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
