As far as I know, there is no reverse syncro on a T-5. I'm actually pretty sure there isn't. Furthermore, missing 3rd and going into 5th instead would have done no damage to the transmission. Finally, shift forks DO NOT bend. They break. They are made of cast aluminum, and cast aluminum isn't a bendable metal.
It's obvious this dealer is throwing you a major line of crap.
How as is was the car? Was there even a 30 day warranty? On a car that new there should have been. Was anybody with you when you asked if the tranny was fixed? Is there a receipt for work done on the car? Did the mechanic that worked on the car actually admit to making the repairs? Was anything about the cars condition written down referring to the tranny being rebuilt or in proper working condition?
If you can get it in writing that either the transmisson was good, or that the mechanic did the work on it, or if you have a couple eyewitnesses that were present when you asked about the transmission then you are in good shape. It's quite obvious if the mechanic did work on the transmission, his work was flawed or inadaquite. If the dealer signed anything, or gave you any documentation as to the transmission being in proper working condition, you have a good chance. If you can secure documentation as to the mechanic working on the transmission, you have a good chance. If you have a couple people that went with you to look at the car, and they can vouch for the fact you actually discussed the tranny's condition, you have an okay chance. Many times state laws require big ticket items on cars such as transmissions to have a required warranty of no less than 30 days when they are rebuilt.
Make sure you go after the dealer, and the mechanic, name them both in your lawsuit. Filing a small claims suit is usually quite inexpensive and easy. Before you file it, make sure you get written documentation that the tranny was worked on by the mechanic in question. Tell them you want to know exactly what was done to it, so you can figure out what may be wrong with it yourself. If the dealer says no, tell them very professionally that you'll have to file a small claims court suit if they don't, and make sure they know they will be the sole defendant in that lawsuit if they can't prove the mechanic worked on it.
Get an opinion on what is wrong with the tranny, and how long it's been bad, and whether or not the Pro 5.0 was a likely reason for failure from a neutral mechanic, and make that expense part of the lawsuit's damages.
Get written documentation of who worked on the transmission, if it was really worked on.
Check state law's on required warranty's on vehicles sold at dealerships. Usually safety items such as headlights and emissions equipment are required to be in operational condition when purchased. You may luck out and find a rule about transmissions, or the implied warranty regarding major components of the car.
Make sure your friends, if they went with you, will testify to the fact that the cars transmission was supposed to be okay.
Above all, be polite, but let the dealer know you mean business. If you can, tell them you'll be more than happy to let one of those local news investigation teams know about their practices so that the news teams can investigate, and file a complaint with the better business bureau if they don't decide to resolve this before your suit is filed. Don't say anything you don't intend to back up, this just makes the legitimate people who will use these tactics look full of BS.
Good luck,
Unit 5302
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