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nicolahg

I bought a 2006 Mazda Atenza from a dealer six months ago. The dealer told me it had been checked by the AA as part of the process of coming into New Zealand so I didn't get a second check. Three weeks ago the AT light on the dash came on. I took it to a mechanic who couldn't really tell what was wrong, they changed the transmission fluid and filter as it was black. The AT light has reappeared so I've taken it to a transmission shop. They can't tell me exactly what's wrong, just that they'll have to pull it apart, strip it down and rebuild and the friction material is starting to fail. They also can't give me an idea of costs. I have two questions: Do I have any legal rights i.e. I've bought off a dealer and now the transmission needs to be rebuilt after only six months? And secondly, is it typical that a transmission shop can't give a quote or any indication of costs?

ABayliss

As you bought from a licensed dealer, you may have some redress against the dealer under the Consumer Guarantees Act. While six months is a reasonable time, as this is shaping up to be an expensive repair, there is still a possibility of a claim against the dealer. The CGA does not have any defined time, it is deemed to be what is reasonable, so may depend on the mileage you have travelled too.
In the first instance, approach the dealer, asking him to fix the car. Don't get your repairer to dismantle anything, as if there is a claim against the dealer, one of your obligations under the CGA is to give the dealer the right to repair the problem.
In answer to the second part of your question, a transmission shop will not know what is wrong until they dismantle the transmission for inspection, so it's not possible for them to quote until it's apart. In our experience though, it's likely to be in the thousands - not hundreds. A typical transmission job can easily be $3k+.

nicolahg

Thank you very much for your response. I contacted the dealer and as a result they paid for the transmission to be replaced.

Unfortunately since then, I've had further transmission problems and the outer speed sensor has been replaced twice (at the cost of the dealer or the trans shop). The car started playing up again on Saturday and I've taken it back to the trans shop.

However, after three months of problems, I'm at the point that I don't want the car anymore. I'd really like to take it back to the dealer and get a new car. Do I have the right to ask for my money back or get a car of similar age and miles from the dealer without paying extra? What is my best approach?

ABayliss

I'd suggest you discuss this with the dealer although it's unlikely he will agree to a refund in the first instance.
Depending on the reaction you receive, given that there have been three attepmts to repair the transmission and now it's playing up a 4th time, I'd suggest you put it in writing that this is the last attempt you will give them, and if it continues to play up after this repair, you will be rejecting the vehicle.
It is important that this is documented as if the matter finishes up in the Disputes Tribunal, you will need to provide evidence that you gave the dealer the opportunity to rectify the problems and then gave them final notice that if they couldn't repair the vehicle, you would be rejecting it.

nicolahg

Hi, just to give you an update, the outer speed sensor was replaced a third time, an O2 sensor replaced, computer pulled apart and put back together again, then a second computer installed...still not fixed. (I've since read the dog and lemon guide which mentions the same problem I was having - refusing to go into fifth gear) I followed your advice and wrote them a letter explaining this was their last opportunity to resolve the issue.

Good news: the dealer has been in contact and offered me the opportunity to choose a new vehicle to the same value and they will also give me a four year warrantee on the new vehicle for free.

Thank you very much for your assistance and support.

ABayliss

That's great news! Hopefully, you'll get a troublefree run out of the new car.