I don't understand why you are getting all worked up. You have a brand new car that you are driving for half the cost, free xm, and no penalty for mileage. If I where you:

Go on that road trip
Stop calling them
Enjoy the loaner car


If they are trying to avoid you, let them! You have the better end of the deal!

__________________
Eugene

10 E63 AMG
93 300te 4matic
07 BMW X3
14 Ford F-150 Fx2

"Threatening attorneys" is a waste of your time, my dad is in the car business, everyone threatens one. No one has one. Hire one, or don't mention it.

Contact Nissan USA. The dealer isn't who would buy it back even if you were eligible for lemon law. That between you and Nissan USA. Also any warranty work is paid by Nissan USA to the dealer who makes money on the work. Its in the dealers best interest to do work they think Nissan will pay because its a profit center.

Call Nissan USA and don't waste your breath threatening someone who doesn't have much to give you.

In most states you can win back legal fees, and at least in Ohio in Car dealer lawsuits you are entitled to triple damages. If you really think you've got a case, hire an attorney, you'd get your money back.

Getting paid a percentage of book time on warranty claims is not a Nissan thing, its a car business thing. Friends at Porsche, GM, and Mercedes complain of the same thing.

__________________
68 280SL - 70 280SL - 70 300SEL 3.5 - 72 350SL - 72 280SEL 4.5 - 72 220 - 72 220D - 73 450SL - 84 230GE - 87 200TD - 90 190E 2.0 - 03 G500

Nissan GTR - Nissan Skyline GTS25T - Toyota GTFour - Rover Mini - Toyota Land Cruiser HJ60 - Cadillac Eldorado - BMW E30 - BMW 135i

Haven't had to have my attorney contact them yet. I simply mention its my next step if they don't take care of the problem. Awaiting a phone call regarding said issue.

Its purely incompetence. They want to fix it I'm sure. But it has upper end noise going on, and they put a short block in.

I guess thats my real question. Do I have a case? But as I wait, I assume they might be trying to fix it. Probably gonna call once it works.

I think they know I will contact Nissan, which looks bad on their part. Or at least I hope they are capable of that reasoning.

Do those others dealers make more than 30%? My understanding was yes, so the better guys go there. The technician on my car is a toothless wonder.

Is it direct injected? If it is, that is the injector pump or injectors you're hearing. You should hear my saturn, damn thing sounds like a bucket of bolts. Brand new bmws I've driven sounded like a farm tractor. Either way I wouldn't threaten anything or act paranoid. Ask them what they are doing with your car and an expected completion date. It is all at no cost to you so who cares? Raising a huff makes it a thousand times worse and threatening an attorney even worse than that.


Sent from an abacus

__________________
TC
Current stable:
- 2004 Mazda RALLYWANKEL
- 2007 Saturn sky redline
- 2004 Explorer...under surgery.

Past: 135i, GTI, 300E, 300SD, 300SD, Stealth

Just so we are clear. There is no expected completion date. Work was completed with saying they couldn't figure it out. They said come get it. I asked for a manager as I dont want it to go down that road. And they aren't communicating. Don't want their rental. Etc.

I need this resolved and passed. Our current solution would be keeping their rental until my warranty is up. Then i will have to fix it.

Hence why we need to stop avoiding the problem and deal with it now. Or buy the car back.

And hard ball is necessary at this point. I hate it too. But its the only way they wont try to push me around. Its a sad cold truth.

Fair enough, have to trust your judgment on the situation since I am just Monday morning quarterbacking.


Sent from an abacus

__________________
TC
Current stable:
- 2004 Mazda RALLYWANKEL
- 2007 Saturn sky redline
- 2004 Explorer...under surgery.

Past: 135i, GTI, 300E, 300SD, 300SD, Stealth

If it wasn't for the light I would probably just call it a pos and drive it. But when that clicking starts, the idle becomes erratic, and slight power loss. I think you are onto something with the vvt. Both cars seem to be acting up. And yes its direct injection.

What is "stalled variator?" I completely understand how the cam phasing works. I had a theory that the pin in the device on the cam wasn't locking in. I should ask them to check the timing. Could you expand on this concept further?

As well, one solenoid (i mix the names up but the part that controls oil flow did throw a code and was replaced.

I should also say, text communication is hard and often messages are misunderstood. I grew up with my service writer, his brother is married to my cousins sister in laws niece, type of deal.

So the conversation is more like "dude what are we gonna do, if nissan can't fix it I'm gonna have to get lawyers involved."

Its more like two generals dealing with policy and decisions made by those above.

More of a reference to where it could head to. And stating I am not accepting their policy. And he can say "the customer is not cooperating and has mentioned seeking legal council"

But it is the truth. It may go that route. Although i may take them to court myself and avoid the cost.

See they arent fixing it. Said they cant or dont know what it is. There is no "completion of work date." That has passed. On saturday they said to come get it. I said let me talk to the manager. And now no one is calling or answering my calls.

Its fricking weird.

But do i have a chance/case for getting out of this thing? With nissan direct?

Not sure if you are interested in this or not but you could also get the car back and try to offload it to carmax. They buy used cars as if it's a trade without requiring you to buy a car from them.

Thats worth a try.

It just kind of worked out where once i had an extra set of wheels i had time for the benz. And it turned out better than i thought.

Talked to the manager this afternoon. He spoke to nissan about the misfire and they said nothing to do.

I brought up the noise. The scorched cylinder. The short block. How this is all connected.

He apologized and said that wasn't on his paperwork...

He really was sincere. I didnt cut them any slack. Didnt threaten anything. He said he will look through it. I asked him to just listen. And then go over to the used lot and listen to the others.

We shall see tomorrow. If they call.

Such an adventure.

I think i have a sour taste in my mouth, that may come clean if I get it back sounding better.

And it would be nice to be able to go through the body on my benz. But i could just pick up a cheap car to get by.

here is a small example of a variator than can stick/stall in certain positions - that worn area should be smooth like the rest of the steel plate.


As there is no spring pressure in the unit it solely relies on oil to advance and retard the unit it cannot be expected to snap back - This design is not like honda vtec to amp up the cam lift etc but more to the effect of reducing pumping losses at mid rpm

When this stalls/sticks you will get some real oddball misfires as there would be an awful lot of backwash into the intake manifold from the cylinders

I need to dig into the wiring/schema of Nissan to see how the ECU is determining the requierd cam phasing is achieved, I know it for toyota - their ECU rely on the cam/tdc sensor difference to determine a problem, if it sees an off TDC situation at idle - it pops the TDC code, which almost always is a stuck variator.

__________________
2012 BMW X5 (Beef + Granite suspension model)

1995 E300D - The original humming machine (consumed by Flood 2017)
2000 E320 - The evolution (consumed by flood 2017)

^lol sorry. Im a little fired up about the situation.

^^thanks so much. It did throw a misfire code but didn't throw a tdc code.

However, 2nd trip to dealer was a solenoid code, which was replaced. The problem was before this though. But there are possibly two problems, as #4 injector is definitely bad.

I think I'm gonna fire the benz up and go down there. We keep talking on the phone and its hard to communicate.

If the car is having problems with the variator, wouldn't the timing be jumping around irregularly?

This is beginning to be like my first initial thread on this forum when I blew my benz motor. "Help help what do i do!?"

One thing I'm thinking about. It burnt a rod and they put the same head back on. Would anyone ever do that? Is there a good chance other parts are damaged from the metal flowing around in the oil? It had a good rod knock.

I think I'm gonna call nissan and see how they respond to buying it back.

If that doesnt go well, contact a lawyer and see if they say I have a chance. And what their costs will be.

I dont want it. Lol.

If your engine chewed a rod babbit and they slapped the old head back on without properly prepping it then there is a chance that some debris has found a new home.

In properly prepping the head is torn down to bits and pressure washed inside out.

__________________
2012 BMW X5 (Beef + Granite suspension model)

1995 E300D - The original humming machine (consumed by Flood 2017)
2000 E320 - The evolution (consumed by flood 2017)

Thanks. Thats what I'm worried about. Nissan is involved now. And the rep knows his stuff. He was surprised by the short block.

So another motor, this time a long block. And all new injectors. Since they can't test them. And the car has 14k miles. At the rate I drive thats three months. Lol.

But Im still shooting for a buy back.

In all fairness, no one is being dishonest. Just incompetent.