Date registered: Jan 2014
Vehicle: 2008 AMG CLK63 Conv., 2012 R350 4-Matic, Wife's 2015 C300 sedan
Location: Cypress Texas
Mentioned: 7 Post(s)
Quoted: 2515 Post(s)
Don't know if Kentucky has a small claims process or not, but in TX you can use the small claims process to sue for up to $10K and represent yourself.
Seeing as the car was defective the moment you drove it off the lot, you probably have a good case for saying the car was defective.
Now, again I don't know about Kentucky, but in the UK the law does not require YOU to be an expert mechanic, but the SELLER is responsible for the car being in "merchantable quality" and "fit for purpose" whether brand spanking new or used.. The Law makes allowances for age, mileage and such like, but if the transmission's "Donald Ducked" it's clearly not driveable and therefore not "fit for purpose" or of "merchantable quality". Only IF the seller points out such a significant problem, and has proof of that in writing, and that you agreed to buy the car in that state, is he off the hook.
Go to your local law school, see if they do citizen's advice or free consultations on Saturday mornings or something, then sue in small claims for the cost of the car or the cost of having a used replacement transfer case fitted.
"Semper In excretio, solum profundum variat" - unknown
They called me mad, and I called them mad, and damn them, they outvoted me" - Nathaniel Lee