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Legal Questions About Consumer Rights w/ Z problems.

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Old 07-02-2003, 06:59 AM
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StoneSilverTrack350z
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Default Legal Questions About Consumer Rights w/ Z problems.

Here goes nothing.

I was reading some issues in the Tire feathering thread regarding folks contacting attorneys regarding lemon law questions. I also was reading questions about consumer rights when buying/leasing a car.

I too am experiencing problems with my Z, and after reading a few of these threads, I am quite frankily a little worried.

So, here is what I am offering you My350z.com members. Free legal advice (to an extent) regarding your questions concerning warranty and service, and of course, $money$.

If it appears that I will have to file a complaint pursuant to my states lemon laws, I will diary my actions on this thread for you to "take from them what you will."

If you have other questions or concerns, feel free to post them here. Now, a little disclaimer, depending on the volume of questions I get, it may take a while to address each one, and if a lot of them overlap, Ill probably answer those questions first.

Caveat:::: All states have different laws regarding Vehicle warranties, and lemon laws. I am not licensed in every state, and I cannot over emphasize enough, I by no means am acting as counsel for anyone in particular. I am merely answering questions. I can find any states laws, and I can give you some legal advice on how they apply to you, but I am not your attorney However, if it looks like you are going to need an attorney, I can also help you there.

Anyway, Fire away.

~AJ
Old 07-02-2003, 07:03 AM
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StoneSilverTrack350z
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Default lemon laws

Ive posted the lemon laws for the States of Florida and Virginia right here

https://my350z.com/forum/showthread....028#post361028

Oh, if there are any other attorneys out there, drop a line. Id appreciate any feedback you have had with your Z problems/clients/concerns.

~AJ
Old 07-02-2003, 08:22 AM
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TWK
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AJ,
Thanks for championing this issue. I am one of the VA "boys" seriously considering filing a Lemom Law claim. I have gone the whole TSB route and have had my front tires replaced. The tires were replaced at 7000 miles and I currently have about 1000 miles on the new ones. I think it's a little early to be sure but I'm almost sure I can hear the new ones starting to roar again. Since it comes on slowly, it is kind of hard to tell I have an appointment to have my car serviced tomorrow and I am going to mention my concern to the Sevice Manager at that time. If and when I am confident that the problem has re-occured, I will file the complaint.

I do have one question for you though. I purchased the car new from a dealer in MD. The car has always been titlied and registered in VA. Does the VA Lemon Law still apply?
Old 07-02-2003, 08:42 AM
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StoneSilverTrack350z
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Yeah, if its titled and registerd in VA, and you have been having it serviced in VA it falls under VA laws.

From my quick perusal of the VA lemon laws, I am kind of concerned with their "reasonable amount of times" language.

Florida lemon laws state after "3" times of having tried to repair the problem....
VA laws state after "a resonable amount of times" of having tried to repair it.

Im going to tell you that 2 is probably not enough under the "reasonable" language.

Anyway... keep me updated and ill do the same.

(hoping to get new tires, been told i wont.... ill just see about that )

~AJ
Old 07-02-2003, 03:04 PM
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TWK
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Be persistent. I took my car to the dealer three times and each time they claimed that they could not hear any noise or discern any abnormal tire wear. Then I filed a case with NNA and miracously the service department at my dealership heard the noise and replaced my tires.
After the replacement I was amazed at the difference. It was like a different car. Quieter, smoother. I couldn't believe that I had put up with those tires for so long. It just added to my anger that the dealer said they couldn't see anything wrong with the vehicle.
Nissan knows that there is a problem but I think they are hoping we will just go away. I'm sure many people will accept the situation or just don't realize what's happening and do just that.
When I dropped my car off today I mentioned my suspicions to the SM. He was kind of evasive but I made sure that he documented that I was complaining again of tire noise. I'll pick the car up tomorrow and see if the noise has gone away. If not I will open a new case with NNA. I'll let you know.
Old 07-02-2003, 07:00 PM
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ZuZme
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I I bought my car in Philadelphia, Pennsylvania. I have about 9000 miles on my Silver Touring model. I have had tire feathering and I am waiting to have my tires replaced. I am also having trouble with the transmission. The dealer adjusted the clutch during the first visit, replaced the clevis pin during the second visit and sometime in the next few weeks the dealer will be replacing the transmission. I have the typical window grease problem that has not been fixed yet, and I have noticed an orange peel paint job. Is there a lemon law case here? I have debated going through the lemon law, but I am not sure.
Old 07-03-2003, 06:12 AM
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StoneSilverTrack350z
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Default Pennslyvania

First things first...

PURDON'S PENNSYLVANIA STATUTES AND CONSOLIDATED STATUTES ANNOTATED
PURDON'S PENNSYLVANIA STATUTES ANNOTATED
TITLE 73. TRADE AND COMMERCE
CHAPTER 28. AUTOMOBILE LEMON LAW


Current through Act 2002-237 (End)

§ 1954. Repair obligations


(a) Repairs required.--The manufacturer of a new motor vehicle sold or leased and registered in the Commonwealth shall repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety of said motor vehicle which may occur within a period of one year following the actual delivery of the vehicle to the purchaser, within the first 12,000 miles of use or during the term of the warranty, whichever may first occur.
(b) Delivery of vehicle.--It shall be the duty of the purchaser to deliver the nonconforming vehicle to the manufacturer's authorized service and repair facility within the Commonwealth, unless, due to reasons of size and weight or method of attachment or method of installation or nature of the nonconformity, such delivery cannot reasonably be accomplished. Should the purchaser be unable to effect return of the nonconforming vehicle, he shall notify the manufacturer or its authorized service and repair facility. Written notice of nonconformity to the manufacturer or its authorized service and repair facility shall constitute return of the vehicle when the purchaser is unable to return the vehicle due to the nonconformity. Upon receipt of such notice of nonconformity, the manufacturer shall, at its option, service or repair the vehicle at the location of nonconformity or pick up the vehicle for service and repair or arrange for transporting the vehicle to its authorized service and repair facility. All costs of transporting the vehicle when the purchaser is unable to effect return, due to nonconformity, shall be at the manufacturer's expense.



Now...

PURDON'S PENNSYLVANIA STATUTES AND CONSOLIDATED STATUTES ANNOTATED
PURDON'S PENNSYLVANIA STATUTES ANNOTATED
TITLE 73. TRADE AND COMMERCE
CHAPTER 28. AUTOMOBILE LEMON LAW

Current through Act 2002-237 (End)

§ 1956. Presumption of a reasonable number of attempts


It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:
(1) the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or
(2) the vehicle is out-of-service by reason of any nonconformity for a cumulative total of 30 or more calendar days.


So, ZuZme...

Basically what your going to have to do is have a complaint about a particular defect in which you have made a number of attempts to have fixed, and yet remains in nonconformance.

As you have a variety of problems, if the dealership is unable to put your vehicle in conformance with the warranty, after a "reasonable" amount of tries (like 3), you may have a lemon law issue.

~AJ
Old 07-03-2003, 06:13 AM
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StoneSilverTrack350z
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Default Case with NNA

Twk,

Perhaps you could detail the procedure for bringing a case with NNA.

~AJ
Old 07-04-2003, 10:51 AM
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BlueBlur
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Default Dealer can't service

I have Tire Feathering problem and I am coming up on 12k miles and I can't stand it anymore but I have went to two dealerships and they can't service the car and perform this TSB. I called Nissan North American and got no where. They said they will not make the dealer buy the equipment to service the car. I need some legal advise on this one.....The dealer is not helping me out here either....I fought with people all day on Thursday...I live in the Tidewater Area or Hmpton Roads Area of VA
Old 07-04-2003, 12:35 PM
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whosdady
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Default Thanks Stonesilver

I have about 3400 miles on my Silverstone 5AT and live in St Louis, MO. I bought it new in Feb. I have been to the dealership 6 times in the last 5 months. The first visit was for rattles and my drivers side door was 1.5 inches lower than the rear quarter glass. The second visit was for the rear hatch adjustment (the fin was crooked). The third was for the window glass allignment on the drivers side door (it rattled). The fourth was for the bad allignment/shifting lanes by itself while going 60 in less than 10 secs. The fifth was the loud tire noise while braking and taking corners in a parking garage. The allignement is better but the noise is much worse. I forgot I also had the grease TSB done but the grease streak has come back on the passenger side. My seat rattles and is fraying. I also don't like the bouncing sensation at highway speeds. Oh wait there is more, the orange peel is awful. I actual have this on the front and rear bumpers and just oustide of the wheel well. There is also large debris in the paint on both rear wheels. By the way the dealer has no problem locating these flaws. They just can't seem to make them better.

My last car was a 94 Toyota Supra Twin Turbo. In 9 years it went to the dealership 4 or 5 times (about once every 2 years). I have already filed a complaint with NNA at 2K miles. My car is going in on Monday 7/7/03. If it isn't perfect I will file another complaint. Its just too bad the car looks great but it is becoming a burden to drive. I can't beleive I waisted $35K
Old 07-05-2003, 04:28 PM
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ZLife
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Wow, thanks for this support!!

I am going to get my Z on monday, after reading all of this information, I am a little worried.
Old 07-08-2003, 07:48 AM
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StoneSilverTrack350z
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Default Re: Dealer can't service

Originally posted by BlueBlur
I have Tire Feathering problem and I am coming up on 12k miles and I can't stand it anymore but I have went to two dealerships and they can't service the car and perform this TSB. I called Nissan North American and got no where. They said they will not make the dealer buy the equipment to service the car. I need some legal advise on this one.....The dealer is not helping me out here either....I fought with people all day on Thursday...I live in the Tidewater Area or Hmpton Roads Area of VA


What do you mean that " i have went to two dealerships and they cant service the car and perform thi TSB."

Did they flat out refuse or was there an issue with replicating the problem?

~AJ
Old 07-11-2003, 08:53 AM
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BlueBlur
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Post FOLLOW UP

What do you mean that " i have went to two dealerships and they cant service the car and perform thi TSB."

Did they flat out refuse or was there an issue with replicating the problem?

~AJ


AJ,

The two dealers in question are Hall Nissan and Pomocco Nissan here in VA and they can't perform the "Tire Feathering" TSB b/c neither one of then have the equipment to take the tire off the rim. They are not contracting the work out either so I had to goa nd find a place that would do the work.

The end result was that the service Manager gave me a $40 credit. From where I bought new tire myself and put all four new tires on and it cost me $98 and 4 hrs of my time....that is what the $40 credit was for.

Hall flat out told me they can't and Pomocco scrathced my rims and denied it

POMOCCO NISSAN SUCK!!!!!!!!

after 6 hours and trying to get a tire off
Old 07-15-2003, 09:56 AM
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StoneSilverTrack350z
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Default INFO SITE

Here is a good place for info. on legal news and tips.


http://public.findlaw.com/lemon/


as far as the tire thing...
I just got mine back from my dealer. THey couldnt do the rotation either... (didnt have the right tools). I made sure to check my rims, tire pressure, and steering wheel alignment after the service. (they also had to send it out to get done).

Everything seems ok. The rotation didnt get rid of all the noise because the damn tires are too far shot. (cupped feathered)
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