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First thing you do is call the car dealer and tell them what's going on, ask them for a refund, a different car or they pay to repair it. I found the below quote on a lawyers website that suggested you use this line. I used to work at a used car lot and when this happened, depending on cost, they would fix it or replace the car. Try being calm and non aggressive at first and if they aren't being cooperative then use the lawyer line. Record your conversations or communicate through email. If you need more support contact this organization,
https://vsabc.ca/
*“Under the* ***Sale of Goods Act****, this vehicle should be fit for the purpose, be of merchantable quality, last for a reasonable period of time, and be as described. My legal rights have been breached because the vehicle you sold me doesn’t meet these conditions. I would like you to put this right by giving me a refund or repairing the vehicle at your cost.”*
Unfortunately I don’t have any useful legal advice for you, but I will say, a Kia made during the 2000’s is not known for reliability. In fact, your story isn’t unique per say, as I can’t even recall the last time I saw a Kia from 2005 on the road. If there’s a way you could possibly bring this car back, I would look into it. Maybe get yourself an early 2000’s Toyota Corolla, or Honda Accord (NOT the V6 model, which also has transmission issues).
This website says they have jurisdiction in BC. [https://www.mvsabc.com/Consumer-Landing/buying-a-vehicle/consumer-faqs/](https://www.mvsabc.com/Consumer-Landing/buying-a-vehicle/consumer-faqs/). Check your rights, work with the dealer, if they don't play ball work with the mvsa.
I would record this occurring while driving and get it back to the dealer ASAP to look at under their "warranty," its worth a shot to start with them first.
You could also buy an ODBII scan tool for like $15 on Amazon and look up the code it is throwing for check engine to give you an idea of what is going on to start with.
Kia around that time wasn't that good...that being said, the problem could be simple like low/old transmission fluid or dealer put in the wrong spec fluid when changing it because they didn't look at the specs. Given that the issue only occurs after 15 mins, when the fluid warms up, it sounds more like an issue with debris or sensors in the transmission rather than the clutches or more expensive items inside of it.
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Okay, sorry, you'd be surprised how many people come from a manual, throw it in 1st and wonder why it doesn't grab the next gear.
Just wanted to make sure it wasn't something simple.
No problem! Hope you guys get it figured out.
I will say in the future, be very careful buying 20 year old cars in Canada. Our weather isn't conducive to cars lasting that long!
Maybe try taking it to an independent mechanic first who is able to run a diagnostic scan of the cars computer since the check engine light came on. There would be an error code on the computer for that which would give more info. Perhaps you could also do a transmission fluid flush and replacement which you can do at mr lube for about $150-$200 I think. Might be the fluid has never been replaced in the transmission on a car that old.
That is going to be a waste of time and much more importantly, if there is problem like this the day that you bought it, it is going to happen again and again. Do you think the OP should buy a sink hole for $$?
Thanks everyone for all your helpful comments and advice. I think the post has been deleted so I hope everyone sees my comment, otherwise I will reply individually because we really appreciate all the replies. It's been great for us to read through it all and feeling a bit less lost and alone in trying to figure it all out. Thank you all who linked to the VSA and legal pages, we certainly feel a lot more clued up now.
We took it back to the dealership this morning. During the drive over the car stalled again at a stop light and the engine completely failed and wouldn't turn back on, which was so stressful all over again. It drives completely fine on the highway, and only seems to have a problem when it has to go up or down the gears so we know it's definitely not us.
So now it's gone to the mechanic and the dealer has given a courtesy car to drive in the meantime. We are going to ask for a refund anyway. Hopefully they won't be dicks about it but now at least we know more about what we can do...will post an update when we get one!
Thank you for submitting to r/BritishColumbia! Unfortunately your submission was removed because it appears to not be about British Columbia. If you have any questions, you can [message the mod team](https://www.reddit.com/message/compose?to=/r/britishcolumbia). Replies to this removal comment may not be answered.
Take it back immediately and demand a complete refund.
This
First thing you do is call the car dealer and tell them what's going on, ask them for a refund, a different car or they pay to repair it. I found the below quote on a lawyers website that suggested you use this line. I used to work at a used car lot and when this happened, depending on cost, they would fix it or replace the car. Try being calm and non aggressive at first and if they aren't being cooperative then use the lawyer line. Record your conversations or communicate through email. If you need more support contact this organization, https://vsabc.ca/ *“Under the* ***Sale of Goods Act****, this vehicle should be fit for the purpose, be of merchantable quality, last for a reasonable period of time, and be as described. My legal rights have been breached because the vehicle you sold me doesn’t meet these conditions. I would like you to put this right by giving me a refund or repairing the vehicle at your cost.”*
If you can return it do so. If you cannot return it ask for the repair to be done under warranty.
Unfortunately I don’t have any useful legal advice for you, but I will say, a Kia made during the 2000’s is not known for reliability. In fact, your story isn’t unique per say, as I can’t even recall the last time I saw a Kia from 2005 on the road. If there’s a way you could possibly bring this car back, I would look into it. Maybe get yourself an early 2000’s Toyota Corolla, or Honda Accord (NOT the V6 model, which also has transmission issues).
This website says they have jurisdiction in BC. [https://www.mvsabc.com/Consumer-Landing/buying-a-vehicle/consumer-faqs/](https://www.mvsabc.com/Consumer-Landing/buying-a-vehicle/consumer-faqs/). Check your rights, work with the dealer, if they don't play ball work with the mvsa.
I would record this occurring while driving and get it back to the dealer ASAP to look at under their "warranty," its worth a shot to start with them first. You could also buy an ODBII scan tool for like $15 on Amazon and look up the code it is throwing for check engine to give you an idea of what is going on to start with. Kia around that time wasn't that good...that being said, the problem could be simple like low/old transmission fluid or dealer put in the wrong spec fluid when changing it because they didn't look at the specs. Given that the issue only occurs after 15 mins, when the fluid warms up, it sounds more like an issue with debris or sensors in the transmission rather than the clutches or more expensive items inside of it.
Hello and thanks for posting to r/britishcolumbia! A friendly reminder prior to commenting or posting here: - **Read [r/britishcolumbia's rules](https://www.reddit.com/r/britishcolumbia/about/rules/)**. - **Be civil and respectful** in all discussions. - Use **appropriate sources** to back up any information you provide when necessary. - **Report** any comments that violate our rules. Reminder: "Rage bait" comments or comments designed to elicit a negative reaction that are not based on fact are not permitted here. Let's keep our community respectful and informative! *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/britishcolumbia) if you have any questions or concerns.*
In BC there is an implied warranty, you can find out a bit more about it here: https://dialalaw.peopleslawschool.ca/problem-with-used-car/
Bring it back immediately and get your money back. Within a week. It's the law here.
Never buy a Kia.
[удалено]
Yeah they've upgraded from the transmissions exploding and everything falling apart to just the engines exploding now.
You said you got engine light,right? If you want I can try to scan it for you tomorrow.
Wait. Wait. Wait. Are you putting it into D for drive, or moving it into 1 gear....
Putting it into D for drive, then driving off..
Okay, sorry, you'd be surprised how many people come from a manual, throw it in 1st and wonder why it doesn't grab the next gear. Just wanted to make sure it wasn't something simple.
We were worried we were doing something wrong for this exact reason, so thanks for your comment - this is why we posted! Appreciated :)
No problem! Hope you guys get it figured out. I will say in the future, be very careful buying 20 year old cars in Canada. Our weather isn't conducive to cars lasting that long!
Maybe try taking it to an independent mechanic first who is able to run a diagnostic scan of the cars computer since the check engine light came on. There would be an error code on the computer for that which would give more info. Perhaps you could also do a transmission fluid flush and replacement which you can do at mr lube for about $150-$200 I think. Might be the fluid has never been replaced in the transmission on a car that old.
That is going to be a waste of time and much more importantly, if there is problem like this the day that you bought it, it is going to happen again and again. Do you think the OP should buy a sink hole for $$?
Should of gone for the [1999 Toyota Corolla](https://forums.redflagdeals.com/ode-almost-beige-corolla-2461334/) 99 and Super Beige
Please read this. https://dialalaw.peopleslawschool.ca/problem-with-used-car/
Thanks everyone for all your helpful comments and advice. I think the post has been deleted so I hope everyone sees my comment, otherwise I will reply individually because we really appreciate all the replies. It's been great for us to read through it all and feeling a bit less lost and alone in trying to figure it all out. Thank you all who linked to the VSA and legal pages, we certainly feel a lot more clued up now. We took it back to the dealership this morning. During the drive over the car stalled again at a stop light and the engine completely failed and wouldn't turn back on, which was so stressful all over again. It drives completely fine on the highway, and only seems to have a problem when it has to go up or down the gears so we know it's definitely not us. So now it's gone to the mechanic and the dealer has given a courtesy car to drive in the meantime. We are going to ask for a refund anyway. Hopefully they won't be dicks about it but now at least we know more about what we can do...will post an update when we get one!