Isnt my car dealer at fault? Can I get my down payment back?

Tationna

New Member
Jurisdiction
North Carolina
So recently I've financed my first car with my parent being the co signer. I got a 2001 Honda Civic with 188,000 miles. I dont know much about cars but I knew that it was old and had a lot of mileage but at the time I needed a car to have transportation to school which I live 30 minutes from so I was kinda in a rush. (lets call him Jim) I gave jim a down payment of $1,200 within 2 weeks I started having trouble with the car. It started to run hot. I took it to him and he said that my timing belt and water pump was bad and needed to be replaced. I was told he fixed everything and I wouldnt have anymore problems.I had to pay half of the expenses which was $200.It was in the document agreement that I pay 50/50 of what expenses cost if parts start to go bad within the 30 day warranty .
Today my dad calls and tells me that the car is runing hot and he is stranded. He took it took a mechanic where he is stranded and they told him that the head gasket was blow out.My 30 day warranty which jim is responsible for fixing the car is over on April 2,2018. The dealer ship closes at 5pm and my dad is having the car towed to the dealship now, but it wont be there by 5. He has already called and told Jim that the car is running hot again which I don't understand because he was supposed to have fixed that. Can I get my down payment back because Jim always gets smart with us saying that we should get a brand new car instead and he doesn't want to give me another car he states he can fix the Honda but everytime I get the car back something else goes wrong within a week or less. All of these problems have been within the 30 day warrenty and being a college student I cant be out of $1200. Is he entitled to give me back my down payment or should I take this to court.
 
You are very lucky to have the 50/50 agreement. That make me think Jim is pretty honest.
You are not entitled to the reprair or to return the car. If you fail to pay for the car Jim can sue you.
At this point it seems you have no legitimate complaint to take to court.
Get the head gasket repaired and split the cost per your agreement.
 
You bought a well used vehicle. Things will go wrong with it. No you will not get your down payment back. You either continue to spend money fixing this one, or get something else.
 
$200 ($400) is incredibly cheap for a timing belt and water pump replacement. I'd expect it would have been double that.
 
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