I searched this for a Lemon Laws thread for info, but could not find any.

My 06 350Z Roadster has a problem. The driver's side auto window is malfunctioning. The window does not close, when I use the auto button. I had desert nissan service, the dealership i purchased it, look at it, fix it, and get me new window monitor, but it still does not work. They do fix it, but couple of days later or weeks, the window malfunctions again. When ever this happens, the driver side window does not pop up to seal it like it is suppose to. So sometimes in heavey rain or machine car washes, water leaks in. My Z is my only car and my investment. It is an expensive car. I love the performance, looks and everything about the Z, but I can't deal with this problem again. I'm going ask for a exact replacement for my car under the Nevada State Lemon Laws. I researched for information about the lemon laws, and i believe that desert nissan should replace my car. Now I have few questions regarding that. 1. Will the dealership replace my car? 2. does the lemon laws apply to my situation? 3. do i need to hire a lawyer? 4. is it the right thing to do? 5. what do i do if the dealership doesn't replace my car? 6. will everything go okay? I will wait for your opinions and information. I would appreciate any kind of replies.

Thank You-


-Hyuni

 

From my understanding the car has to have 3 DIFFERENT problems within the same month to apply...One window will not do it. Now they do have the responsibility of fixing the problem no matter what it takes...ie.. replace the door or whatever they can find. I just bought my Z so I will find the pamphlet they gave me on it and see if there's anything that could help.

 

Hmm, i see. Thanks for the info CreamyZ. Let me know about the pamphlet.

 

Here's the lemon law:

NRS 597.630 Duties of manufacturer if motor vehicle cannot be conformed to express warranties.

1. If, after a reasonable number of attempts, the manufacturer, or its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repair or correction and the defect or condition causing the nonconformity substantially impairs the use and value of the motor vehicle to the buyer and is not the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle, the manufacturer shall:

(a) Replace the motor vehicle with a comparable motor vehicle of the same model and having the same features as the replaced vehicle, or if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle; or

(b) Accept return of the motor vehicle from the buyer and refund to him the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before his first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service for repairs. Refunds must be made to the buyer, and lienholder if any, as their interests may appear.

2. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties where:

(a) The same nonconformity has been subject to repair four or more times by the manufacturer, or its agent or authorized dealer within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, but the nonconformity continues to exist; or

(b) The motor vehicle is out of service for repairs for a cumulative total of 30 or more calendar days within the time the express warranty is in effect or within 1 year following the date the motor vehicle is delivered to the original buyer, whichever occurs earlier, except that if the necessary repairs cannot be made for reasons which are beyond the control of the manufacturer or its agent or authorized dealer, the number of days required to give rise to the presumption must be appropriately extended.

Basically, the same problem needs to be attempted to be repaired 4 times and still be broken or the vehicle needs to be out of service for 30 days for the same problem to qualify for the lemon law. You do not need to have different problems, just one problem that won't go away after 4 repair attempts.

 

hmmm i wish it worked for old cars too. lol

 

Awesome, Aaron - you're on the ball! Something I'd like to add to that for Hyuni is:

1. You have only 1 year (Statute of Limitations - SOL) from the date of your discovery of the problem to file a lawsuit, or 18 months from the date you purchased the car, whichever comes first. This period can sometimes be extended under special circumstances, but it's always best to go by the shortest time period, so that the SOL is not challenged if you have to file suit.

2. "Reasonable Number of Attempts" specified within the Lemon Law Statute - The meaning of "reasonability" varies, so I would continue communicating with the dealership in a congenial manner (be firm, but don't be rude - this shows good faith on your part) about the problem and keep trying to get them to repair your car. Do this on a regular basis (in other words, don't let weeks or months go by and not complain - be persistent and consistent).

3. Keep a record of all communications you have with the dealership, including the dates, times, names of the personnel you communicate with, a brief summary of the conversations, what work was performed (if any), continuing problems with your car, etc. These are your own personal notes, but can also be used as evidence in court later, so only write down the facts, and no personal thoughts or rude comments regarding the situation.

Otherwise, just follow what's stated within the Lemon Law Statute that Aaron posted, and if you have any more questions, please don't hesitate to ask. Good luck, and keep us posted on the status.

 

take it to ed or another dealership and get it done right. now puppets, now you see, nissan is not a good manufacturer...

 

That's not a fair or factual statement, Jimbo. Every manufacturer has produced a lemon vehicle, which is a fact. This is why there are Lemon Laws, recalls, technical service bulletins, etc. No one is perfect, so no company can be either, because every entity is run by people.

 

 

Barbie, just wanted to point out that the Nevada Statute actually defines "reasonable" in Paragraph 2 of the Statute I posted above. "Reasonable number of attempts" is 4 attempts, or out of service for 30 days.

 

Well, i took it in for my fourth repair on the window. Hopefully it will work this time, if not ,,,, sigh... then i'll go talk to some lemon laws specialist lawyers or something. thanks everyone. I will update you guys on what happens with this.

 

maybe they are not resetting the motor properly??

 

think what you want, fact is, new nissans are cheaply made french cars. the french arent known for quality.

 

Sorry to go a lil off topic but there was a person at the first Jun's dinner meet in a Z31 that said he knew of one non-dealership mechanic that was authorized to do nissan warranty work. I'm trying to find that guy so I can have him look into my transmission problem. I am driving out to Planet tomorrow to see if they can diagnose the problem without dropping my tranny again. Ive already had the problem diagnosed by Dudleys yet today Douglas Nissan told me they would have to drop it anyways to do their own diagnostic and may have to charge me if they dont see anything wrong with my synchro. I am sure it is the synchro but dont feel like gambling with the dealership scene much these days. So if anyone knows the name of that mechanic or the gentlemen in that Z31 it would be greatly appreciated.

I believe he drives this car

 

Can someone explain Jimbo's affiliation here?

 

I Think He's Talking About Ernestos. Hes' Supposed To Be Really Good At Fixing Z's. I Think He's Over Near Green Valley Some Where.

 

Used to be a nissan service advisor and tried to hook people up until he got the can. Now he's just a resident las vegas forum clown that lets me drive his really fast car that rarely works.

 

Yeah I'm having problems with my driver's side window as well. It won't roll up or down unless I give the door panel a good smack (which hurts) and planet has had twice to fix it and they say they can't find anything. Everytime it's been down there I've showed them the problem but when I leave it with them for four hours the problem is still there. They are saying that they can replace the motor but now it's going to cost me a $50 deductible since my 36k/3yr warranty expired and i'm into my 7yr/75k warranty. Has anyone ever heard of that? You pay extra up front for an extended warranty (which basically gets tacked on to monthly payments) and then you still end up paying for it when you go in for work??? He also mentioned that the $50 deductible is for each additional part replaced....so if three things get replaced it's $150 bucks??!! I think he may have that part wrong...

 

Don't you have paperwork for your warranty? It should spell out everything. Most warranties with deductibles, the deductble is per repair or occurance, not per part. If you brought the car in for two separate unrelated items, they might hit you twice for the deductible. Do you have receipts or repair orders for the times that you brought the car in and they didn't fix it? Call Nissan's customer service and explain the situation. Most of the time, if you can document a chronic problem the manufacturer will agree to extend your warranty on that item.

 

For $50 bucks let them fix it. The OEM motor is $250 and it will take you about 45 minutes the first time to fix it. After that it will take you about 25 minutes to change a window motor.

 

window motor. and its per complaint. so if they find you need a motor and regulator to fix it, then its just one $50 deductible.

if you hit it and it works, then you know its the motor.