Thinking of processing a Lemon

Rumplecat said:

Hey guys I have an 04 Armada and we have had problem after problem with pretty much everything so we are thinking we should find us a lawyer that knows what he is doing. Don't get me wrong I love my Armada but there are so many things wrong with it that I think I could get Nissan to buy it back. The only things we have not had problems with are the engine and drivetrain which this is why I mainly bought the Armada in the first place along with unbeatable power and the Dang interior room. I also know that I bought a first year model and I knew it would have some flaws but I had no idea it would have this many problems. It is a great truck but ours has to many problems to list. And if Nissan were to buy it back I would deffinatly buy another Armada probaly an 06. I know some people here have been succesful at Nissan buying theirs back so can you guys show me the way to go about things? What I should do and how to do them. Any help is greatly appreciated.

Thanks,
Jay

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Hey Jay,

Sorry to here about your issues. First let me ask have you tried more than one dearler? Let's assume you have and are still at wits end. From what I read from other posts this is not a simple nor expediant process and I would consider contacting the dealer one last time and explain to them civially what your intentions are if your problems can't be resolved. The guy I deal with now in SC(not the dealer I purchased from) is a perfect salesman. First I have to listen to his standard BS that the couldn't find an issue and then after my second or third visit he'll eventually cave and have the mechanic dig deeper to fix the problem or replace parts. It's a little inconvienent at times to make 2 or 3 trips for the same problem but as long as it gets fixed free I'm good. Now this may simply not apply to you or maybe your just fed up, but I offer this info in hopes that you won't have to go to the extreme. Good luck friend!!

As an attorney who has defended warranty claims for other manufacturers, I can give you some general advice.

Once you get a lemon law attorney involved, you need to be aware that they are going to seek their fees, no matter how amicable you are at trading in your vehicle for an '06. This may prolong the process unnecessarily.

Having said that, it seems as though a manufacturer is less likely to "take you seriously" unless you get a lawyer. There can be severe monetary consequences for a manufacturer if the matter proceeds all the way to trial. The Magnuson-Moss Warranty Act (which is what your claim would fall under) is Federal legislation which is written specifically for consumers. Once a claim is filed under the Act, a manufacturer takes a risk by continuing to defend against such a claim.

If you can not resolve your claim with Nissan, then get a lawyer and file a claim. But watch them closely. If something does not seem "right", then it probably is not. There are indeed legitimate lawyers out there, but remember: most people work to make a buck and if they earn it, then they are entitled to it. But, it should not be at your expense.

BTW: I have an '05 with some problems. The dealer knows I am an attorney, and they are utilizing the usual dealer tactics of "trying one more time" to fix the problem. They keep telling me that it is Nissan's problem or Continental's problem (the tires). But I will tell you that a dealer is just as potentially liable as Nissan.
I think this, unfortunately shows you just how difficult it may be to resolve the issue without a lawsuit.

When I had my '96 Camaro (bought it new), it had all kinds of problems. I contacted a lemon lawyer friend of my aunts and found that this is just about impossible in corporate friendly Indiana.

You must have documentation admitting to a defect and they must have tried to fix it 4 times unsuccessfully. It must be documented as a problem. If it's documented as normal operation, your SOL. It also must be repaired 4 times, not failed 4 times. 5 failure would then warrant claim.

Otherwise, it must be in the shop for 30 days for one repair. There's other stipulations but it really really has to a be a POS before the Indiana lemon law will take effect. GM's response, SUE US. They always documented my problems as normal operation even when my brakes failed that nearly caused a severe crash. I'll never own a POS GM vehicle again.

I didn't even try with my Titan because everything was getting fixed on 1st or 2nd (because of part wait) visit. With the law, it doesn't matter how many different things fail as long as they're being fixed. The law is only if the problems aren't being fixed, and documented as such.

Before the judder fix, if it was brought in 5 times for the same documented problem, you'd have a legal case then. For me it was 3 times repaired for Judder. Really only 2 times, as the 3rd, the judder didn't return yet but they did the permanent fix for me. Everything else kept falling apart, and my excellent dealership fixed everything correctly when it did. Unreliable? YES! A lemon by the state's definition? NO!

Good luck, hopefully Nissan will work with you.

Have a good one.

I thought i had a lemon. On the way home from the dealer the check engine light came on with only 17 miles on mada. Took 05 armada in to different dealer (sparks nissan monroe, la)that was closest to my home which is 50 miles, four times to replace o2 sensor. After fourth trip which they decided it was the computer that needed reprograming and after waiting 7 1/2 hours headed home after 5 min light came back on. after several convos factory reps recommended a different dealer (murphys nissan Eldorado, ar) after 15 minutes they found that the 02 sensor connection was not locked in place. If they supposedly replaced it four times wouldn't they have at least gotten lucky and locked the 02 connector in place. I think they just didn't perform the services that they charged nissan for since I didn't purchase the vehicle from them and they were not worried about my satisfaction, after all they suggested that I buy it from the dealer in conway ark who gave me a great deal.