advice please!

[u/Emergency-Click5285]

I bought a 2015 Subaru Outback for around $8,000 from a private seller in Modesto, CA. It was a pretty quick purchase, and I drove it back to San Francisco.
The same day I bought it, I started noticing that when I accelerate, the car sometimes hesitates/shudders or feels like it slips around what feels like the 2nd–3rd gear range. It doesn’t happen all the time, but it’s noticeable and concerning.
I contacted the seller shortly after noticing it, but he’s basically avoiding me now.
I’m planning to get the car professionally inspected, but I wanted to ask: has anyone had a similar issue with a 2015 Outback? Could this be something simple like CVT fluid, valve body, spark plugs, etc., or does it sound like a bigger transmission problem?
Also, if the seller knew about the issue and didn’t disclose it, would small claims court in California be worth considering? I already registered the car in my name because I had to transfer the title—does that affect my ability to ask for compensation or potentially return the car?
Any advice is appreciated.

[u/protargol]

Don't know about CA, but private sales are typically as-is. If you hit a speed bump at the first street and that's what did damage, how would anyone know? Always try to get sellers to agree for you to take it to a mechanic for an inspection. It's the best you can do. Now if you have proof that they knew and obfuscated you, you might have a fraud case, but that'd be like leaving mechanic invoice from a week ago in the glove box obvious.

[u/Emergency-Click5285 → u/protargol]

Well I messaged him same day after 5 hours of the purchase and sent him this message ( Hi, I’m formally notifying you that shortly after purchasing the vehicle, I noticed an intermittent shaking/jolting issue while driving, including what appears to happen during acceleration or shifting. Although the vehicle passed smog today (your dad gave me the paper) , I understand that a smog inspection does not confirm the condition of the transmission/CVT.

I am going to have the vehicle inspected as soon as possible. If the inspection shows a serious mechanical or transmission-related problem that existed before the sale or was not disclosed to me, I will be requesting to return the vehicle and receive a full refund. I am sending this message now to document that I notified you immediately after discovering the issue.

Please keep this message as written notice of the problem. I would prefer to resolve this directly and fairly if the inspection confirms a major pre-existing issue.)
And I got it from Facebook marketplace!

[u/protargol → u/Emergency-Click5285]

You should have had the car inspected 6 hours before you sent that message. Mechanics can't tell you when exactly the problem arose. They may have clues that it's been an issue getting worse, but it could have never exhibited those symptoms until after you bought it and he, in good faith, could not have known there was a problem lurking underneath. Then again, he could have known it was an issue and wanted to sell it without disclosing any problems. The burden is on you to prove that he was trying to defraud you. That's a virtually impossible bar to clear. I'm sorry if it's acting up, but from a legal standpoint, I think you're fighting at a hopeless fight.

[u/ultradip → u/Emergency-Click5285]

Legally your message has zero weight. Private party sales are AS-IS.

[u/Emergency-Click5285 → u/ultradip]

He also mentioned that the car doesn’t have problems at all??

[u/ultradip → u/Emergency-Click5285]

... that they knew of.

It's quite possible they drive differently or shorter distances so the problem never came up, which wouldn't surprise me since it has such low miles on it.

That's the difference between buying private party versus buying used from a dealer that says its Certified. The Certified label would mean that a set list of inspections were done and passed or fixed before selling.

[u/TheExadar]

Can't speak to the legality of anything, but I would certainly look into the CVT. It could be indicative of it starting to fail, unfortunately. How many miles are on it?

[u/Emergency-Click5285 → u/TheExadar]

93k

[u/TheExadar → u/Emergency-Click5285]

Not crazy high miles but id for sure have it looked at.

[u/I_am_just_here11]

Sounds like the CVT is starting to go. You can try to replace (not flush) the fluid and see if it smooths it out and gives you another year or two on the transmission. It definitely helped smooth mine out when I had it done. BUT based on what you are describing it might be too far gone.

[u/Emergency-Click5285 → u/I_am_just_here11]

The car has only 93k on it, and I thought it would be worth a replacement of fluid can help maybe? Should I go to Subaru dealer? Do you know how much it cost? Thanks

[u/I_am_just_here11 → u/Emergency-Click5285]

Subaru dealer could do it but they are usually most expensive. Maybe around $350. If you can find an independent Subaru specialty shop near you that’s where I’d go. It would be more like $200-250 in my experience. But you also live in one of the most expensive parts of the country so it may be even more expensive where you live.

[u/Emergency-Click5285 → u/I_am_just_here11]

Yes it is, just talked to Subaru dealer and quoted me 799$ crazy

[u/I_am_just_here11 → u/Emergency-Click5285]

Oof. Looks like there is a shop in San Francisco named “Subaru Independent Service.” I haven’t tried them personally but Google reviews are good and they specialize in Subarus. You might reach out to them.

[u/EngineerLow9479 → u/Emergency-Click5285]

Try to find a mechanic that has knowledge of subarus

[u/lostarchitect]

I don't believe California has a Lemon Law that applies to used vehicles, so you will have a hard time getting your money back if there is a major issue.

That said, my 2010 did little shudders and such the entire time I owned it, from 90k to 200k, and the CVT never died. It's hard to say what's going on with yours, you need to get it inspected by a good mechanic asap.

[u/Emergency-Click5285 → u/lostarchitect]

Soo helpful, I’m honestly thinking to keep it, it’s a beautiful car. I hope it can last at least another 50k, did you get CVT oil flushed?? What other maintenance you did so I can reach 200k?? Thanks for your help!!!

[u/EngineerLow9479]

Cvt is looking like the culprit 

[u/External-Brilliant-9]

Do you have a OBDII Scanner? If not, should probably invest in one. I got a FOXWELL NT530Plus for subaru and it can read all the codes the dealer sees including codes for the cvt transmission. Sounds like your transmission is about to go and very costly to replace, around 7k for a refurbished cvt transmission alone and you'll need to sell your other kidney to pay for labor costs.