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Transmission fail

 
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Monkey66



Joined: 22 Sep 2017
Posts: 2

PostPosted: Fri Sep 22, 2017 9:54 pm    Post subject: Transmission fail Reply with quote

Just bought a 2007 pathfinder and the transmission as failed after doing 1000km. The guy said he's had no issues with the transmission what so ever. External trani cooler has been done but not sure when this was done. All paperwork from him looked ok until the dealer printed out what's been done there. Owner failed to show me the paperwork from when he installed a new valve body and transmission flush. There is evidence of contamination in the transmission and expansion tank. The hoses that were plugged from the original rad have coolant in them and the transmission shop where I have the vehicle can confirm this. Do I have a claim against this guy. Is that enough proof. What are your views? Spoke to the guy and said sold as is.
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smj999smj
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Joined: 22 Jan 2012
Posts: 4393
Location: Prospect, VA

PostPosted: Fri Sep 22, 2017 10:25 pm    Post subject: Reply with quote

Almost all private sales between individuals are on the "as is" basis, so goes the phrase "buyer beware." Unless you had made some time of warranty or guarantee arrangement during the sale and have it in writing and signed, you often have no claim against the seller. It is generally the prospective buyer's responsibility to inspect the vehicle for himself or have the vehicle inspected by an auto professional (dealer or independent repair facility) prior to purchasing a vehicle.
Now, "as is" laws don't provide protection for those who are guilty of fraud. If the seller makes a false statement about the vehicle and the buyer can prove it, there is grounds for legal action and, depending on the state, that seller can be held liable for not disclosing a material fact of the transaction to the buyer by remaining silent.
If you paid a significant sum for the vehicle, you would be best to seek advice from an attorney.
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2006 Pathfinder LE VQ40DE AWD, Nitto Dura Grappler P265/65R17, aftermarket radiator, Airlift 1000's, Bilstein HD rear shocks
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Monkey66



Joined: 22 Sep 2017
Posts: 2

PostPosted: Sat Sep 23, 2017 3:02 am    Post subject: Reply with quote

Thanks, that's basically how I read it too. When asked if there has ever been any transmission problems and he said "no" and never gave me all documents, the ones of a recent new valve body and flush and reflash the computer that's basically fraud. Going to take legal action and will let you know how it goes.
I do like the Pathfinder and should be getting it from my transmission shop soon
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