Originally Posted by nhdoc

The problem is he has "the right to make it right". The warranty he gives does not entitle you as the buyer of services to decide you want your money back unilaterally, if you take that position you may find the CC company, court and BBB is less willing to back you up.

In other words, he can say "I tried to make good on my warranty but the customer took the car someplace else", then you would not only lose any claim in court but also probably lose your right to chargeback.

You really have to make every effort to let him fix it right or else you may just be shooting yourself in the foot. Once you have exhausted that avenue you are justified in bringing the car elsewhere, but you do have to exhaust that avenue. If you don't give him a chance to fix it under his warranty then you're being unreasonable to expect he'll refund your money.

I'd advise you to let him have one more chance to do it, and document that you have done this. Go there with a witness, calmly explain what you plan to do and tell him this is the last chance he has to avoid legal action. If, then, in front of your witness he tells you to pound sand you can bring the car elsewhere and make claims for a refund, but until you do that you aren't legally entitled to your money back because he will claim you never gave him a chance to fix it and it would be your word against his...or worse your word against his and his employees all acting as his witnesses saying they saw him tell you to bring the car back and it would be fixed.