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What to do about a possible Lemon...

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Old 07-26-2004 | 03:30 PM
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SpanishFusion
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From: Teaneck, New Jersey
Question What to do about a possible Lemon...

What to do...What to do...That is the question. I got a 2004 350z back in June, and its been back to the dealer for the same problem four times already. This time I told the dealer I didn't want the car back until the problem was fixed. It all started about a week after leasing the vehicle. The check engine light comes on, and stays on. This is not some loose gas cap issue. That already has been checked. The dealer resets the computer, then 2-3 days later, the check engine light comes back on yet again. They replaced the oxygen sensor already, and claim they have checked all other components of the vehicle. I took the car in for the fourth time last Wednesday. I called up on Thursday afternoon to get a status, and the Service Department said they don't know what the problem is. They keep getting the same error "Idle Air Flow". Apparently they have been working with a Nissan technician over the phone for the past couple of days and still cannot figure out what the problem is. Tonight, they are doing a "100 Mile" Road test and think its a possible "injector" issue. The car only had 600 miles on it. I do not know what to think anymore. I'm paying $500/month for a car that already has an unknown problem. I researched the Lemon Law for New Jersey, and seem to fall under some of its guidelines. I am going to give the dealer some more time to work out the issue, but if things keep on going the way they have been, then I have no choice but to use the law. What good is a car that has a checked engine light on all the time that the dealer can't seem to fix. I could drive the car one day and end up with a dead engine the next. I love my car, but I'm not paying to have it pretty and in the shop all the time because of problems.

Here is a copy of part of the law regarding leased vehicles in New Jersey:
b. A consumer who leases a new motor vehicle shall have the same remedies against a manufacturer under this section as a consumer who purchases a new motor vehicle. If it is determined that the lessee is entitled to a refund pursuant to subsection a. of this section, the consumer shall return the leased vehicle to the lessor or manufacturer and the consumer's lease agreement with the motor vehicle lessor shall be terminated and no penalty for early termination shall be assessed. The manufacturer shall provide the consumer with a full refund of the amount actually paid by the consumer under the lease agreement, including any additional charges as set forth in subsection a. of this section if actually paid by the consumer, less a reasonable allowance for vehicle use. The manufacturer shall provide the motor vehicle lessor with a full refund of the vehicle's original purchase price plus any unrecovered interest expense, less the amount actually paid by the consumer under the agreement. Refunds shall be made to the lessor and lienholder, if any, as their interests appear on the records of ownership maintained by the Director of the Division of Motor Vehicles.

L. 1988, c. 123, s. 4.



56:12-33. Presumption of inability to correct noncomformity; written notification

a. It is presumed that a manufacturer or its dealer is unable to repair or correct a nonconformity within a reasonable time if, within the first 18,000 miles of operation or during the period of two years following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date:

(1) Substantially the same nonconformity has been subject to repair three or more times by the manufacturer or its dealer and the nonconformity continues to exist; or

(2) The motor vehicle is out of service by reason of repair for one or more nonconformities for a cumulative total of 20 or more calendar days sin ce the original delivery of the motor vehicle and a nonconformity continues to exist.

b. The presumption contained in subsection a. of this section shall a pply against a manufacturer only if the manufacturer has received written no tification, by or on behalf of the consumer, by certified mail return receip t requested, of a potential claim pursuant to the provisions of this act and has had one opportunity to repair or correct the defect or condition within 10 calendar days following receipt of the notification. Notification by the consumer shall take place any time after the motor vehicle has had substant ially the same nonconformity subject to repair two or more times or has been out of service by reason of repair for a cumulative total of 20 or more calendar days.

c. The two-year term and the 20-day period specified in this section shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion or strike, or a fire, flood, or other natural disaster.
Old 07-29-2004 | 02:02 PM
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FLZ
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Hey SF, I just went through something that sounds similar. Several months of same problem. After they replaced the whole computer sys., that wasn't it, then the wiring harnesses, that wasn't it, then a new throttle body that wasn't it. On the fourth and final try, a specialist comes to town for one last go before we go to arbitration. What do they find? A disconnected coolant temp sensor. I wouldn't be suprised if a loose or disconnected wire is the prob. Good luck to you. FLZ, Dave
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