I really didn't want to goto open discussion with this...

Has anyone pursued lemon law before?

I kind of got overwhelmed with my benz and bought a new car, nissan versa. Researched it to death. Knew what I was getting into.

I found a 2014 with 12k miles. Got it for 11k flat, 12.2 out the door.

I put zero down, have made two payments so far, $440 total.

3 days after I got it, it started making some noise. Sounds like a partially collapsed lifter and/or injector. I took it in immediately.

First time in they said it was fine. I waited one week. Went to the used lot and started all the versas with 20k miles or more. No ticking.

They took my car again, and put a short block in! So no ones trying to rip me off, they are just that dumb.

Get it home, same noises.

I realized their incompetence, and drive it 2000k miles before the check engine light came on. I scanned it (and left the light on) and got a misfire on number 4.

I listened to the injector, and something isn't right with it. An inconsistent rattle when you let off from a higher rpm.

Ive also had a very alarming noise once when going uphill. About 2800 rpm. Sounds like valve train.

My theory is the bad injector scorched the cylinder. Eventually leading to rod failure. Which led to low oil pressure. Damaging a lifter. But who the hell knows.

So they called and said they can't figure out the misfire. They switched injectors around and couldn't get the light back on....

I asked them if they had the injectors tested. "Nissan doesn't do that"

I asked if they checked valve clearance and compression

"No we didnt check valve clearance"

Did you check compression?

"No we didn't do that either"

That was saturday. I told him I want them to buy the car back under lemon law. He said a manager would call me monday.

Its 4pm on monday, no one has called.

Im debating calling. I currently have a 2015 sentra on loan from them.

Since I got another car, I have taken my time and gone through the benz. Runs great. New motor, tranny, diff, axles, brakes, IP, on and on. Its reliable. Then I polished it and waxed it. And its starting to feel like a better option.

Before I just wanted no headaches with a warranty. But now I'm looking at having to fix the versa, and not the benz.

I took my mother for a ride in the benz. The ultimate test pilot when it comes to analyzing if you could consider it a driver. She loved it and said take the nissan back.

Kinda unorganized and random. But thats where Im at. I have zero time left to deal with a car.

Think I can get them to buy it back? I recorded my conversations on the used lot. And the manager saying they shouldn't make noise or misfire if I buy one (dirty trick).


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Well I don't think you can pursue the "lemon" law when dealing with a used car. I think the Federal Lemon Law applies to new cars only. So what you have is that you want out of the used car from the dealer. That is kind of like being between a rock and a hard place. You will probably have to push pretty hard on that one, and I am of the opinion you will own it until you sell it.

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Junqueyardjim
Christianity, if false, is of no importance, and if true, of infinite importance. The only thing it cannot be is moderately important. C.S. Lewis



1983 Mercedes W123 240D 4 Speed 285,000 on the road with a 617 turbo, beautiful butter yellow, license plate # 83 240D INDIANA

2003 Jaguar Type X, AWD. beautiful, good mileage,
Mom's car, but I won't let her drive it!

Hmmm interesting.

So I may be going the route of taking it to a qualified shop and having it repaired. And then can I take nissan to small claims court for the bill?

So I guess I should rework my question to what the heck should I do? Lol.

Good thing is blue book is 13.5.

Or should I just go hog wild and sue nissan for damages?

This has been a headache.


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I assume you still have the full factory warranty, that said, keep your loaner until they fix your car to your satisfaction.

I took my 93 Mercedes to the dealer to have a window gasket installed and a detail. I wasn't satisfied with the detail job so I left the car there and drove back home with their 2015 e class loaner. I kept it for almost 3 weeks.

You are the customer, ie. The reason they are in business. Keep the loaner keys in your pocket until you drive your car around the block and are satisfied with the way it sounds.

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Eugene

10 E63 AMG
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Great points.

I called and he said a manager will call me back. Its now 5 pm.

They are totally just avoiding dealing with it. Lol. As I drive a $24k car around.

So I just tell them I'm not bringing the loaner back until it is fixed? Straight up? They wont report it stolen?

As per your suggestion, when i do go in. I will take the benz. And leave it idling while I go around the block (i can lock the column and doors). Let them hear what a proper car idles like. Ive been looking for an excuse to do that.

Btw, I have learned that nissan mechanics get paid 30% of book time on warranty work. Im sure there are some good ones. But it seems to be the bottom of the barrel as far as mechanics.

Im also thinking i should march everyone over to the used lot and listen to the versas.

Should I get in touch with the dealership owner? I tracked down his personal cell already.

Or the BBB?

Ok now the rental sounds funny. Lol. A lot like the versa. Not nearly as bad. But the idle lopes a little.

Our nissan just pos's?

Do i drive too hard for these cheaply made cars?

Here is a video of the rental. 2015 sentra. 22k miles (20k when I picked it up a week ago). What is that noise?




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That should still be under original warranty that I believe is 36 months 50K miles on the powertrain. That may be out if the original owner did not perform regular maintenance according to their requirements. As stated earlier the lemon law is for one owner, and is applicable when the vehicle has been in to a dealer for repair for the same problem at least three times. Keep leaning on them as being a nice guy will get you nowhere. By the way are you a repeat customer to the lot that you purchased it from?

Lemon Law only applies to the original purchaser.

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^been discussed three times already. As stated I didn't post this in open discussion.

^^ first time. First nissan.

At this point im playing hardball. Recording their used lot manager saying they don't make noise. Threatening lawyers. Saying they need to take it back.

But it helps to be reminded.

Now they just aren't talking. They have my car. I have their car. Which is twice the value. They are paying for the xm service etc. Mine is a stick, so I know they aren't loaning it out. I wrote down my mileage as well.

Its weird. They are totally ignoring the problem.

I just want this to be over. I need to head to Oregon, and might just go in their car if they don't call in 2 days.


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Send a certified letter of any questions, comments, etc. And keep a copy of the letter. Or send an email.....nothing like having hard evidence of a paper trail in the court of law.I'm sure Nissan's pockets might be a bit deeper than yours and so you need to start acting as though you will be facing a possible lawsuit for breach of contract or a counter suit from them.

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1990 190E 3.0L

Yeah thats why the rental thing makes me nervous. I asked yesterday if I would get charged for it, and he said no way. (I record all conversations, on the phone and in person, and notify them). Technically they said to come get it saturday and I asked to speak to a manager.

Im just looking for solutions. I don't have time/energy to keep dealing with it, the whole point was a solution. Now its a problem. I can't be in the middle of working far away when Nissan decides its time to bring the rental back. Cant ignore them and have it reported stolen, totally unprofessional to have the cops take the car. Plus my headache and charges.

What could they sue me for exactly? Other than keeping their rental?

I hate this stuff. I think I will wait a few days. Then call Nissan direct. Then hand it off to my attorney.

Edit: last thought. Why would they just be ignoring this? Ive narrowed it down to:

They think i may be irrational and just forget and take my car back in a few days. Or they think I will end up wanting the sentra. Or trade mine in for one. Maybe I should ask about trading mine in. Pin them on saying my car is fine. If its so great, throw it on your used lot. No problem.

Maybe I'm looking for rationality where it doesn't exist. Do bat **** crazy people make it as far as running a dealership? Probably so...

the video you posted sounds like a normal sentra engine, the ticking you hear is the injectors clicking and also the lifters - I own a 2013 altima 2.5 - brand new off the lot car had this sound.

I also have a 134000 mile camry - very similar engine sound, I think it is loud because of the insanely thin castings these manufacturers are using while building engines, They resonate pretty bad.

The loud noise, cylinder misfire and eventual rod failure maybe related to the cat converter ceramic breaking up and being sucked back - which damages the cylinder walls and sometimes leads to complete engine failure, sometimes as soon as 4000 miles. Nissan built the EGR design into the cam variator pulleys which causes a negative pull from the exhaust into the cylinders - the same function an EGR valve does, except this time they saved all costs of EGR valves.

These engines also have had some oddball timing variator failures which causes them to rattle at startup and at mid range rpm. A stalled variator causes misfire codes.

In any case - your car is still under factory powertrain warranty, get them to fix it till its at "control specification" of Nissan itself.

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1995 E300D - The original humming machine (consumed by Flood 2017)
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There is a guy who writes over at Jalopnik who is a Lemon Law attorney. Might be worth a quick e-mail.

Tales From The Lemon Law Horror Story Archives

In general I think Nissan makes a solid product but I had a 2012 Altima for 2 years and 30k miles that was on its 3rd transmission. The day after the dealer replaced the CVT for the 2nd time it was traded on my wife's current Honda CR-V so I have no idea if it was finally fixed.

Ill check it out. Im reluctant to pay an attorney. I feel like $11,000 is hardly enough to justify one. Its gonna cost 10% at least Im sure.

Yeah I'm scared of that cvt. this 2015 sentra is shifting funny. Mine is a manual.