BBB arbitration is an alternative avenue then going through the court system. It is free, you don't need a lawyer. It is a step prior to going to court. Some states require that this avenue be used prior to filing a lemon lawsuit.

 

Yes! The BBB will just act as a mediator between you and Nissan. They will contact Nissan on your behalf, setup conference calls, etc. The BBB will not lay down the law about buying your car back or anything like that. From what I know this method should be attempted first, before finding a lawyer and going to court. Often times a judge will ask if a third party mediator(like the BBB) has been used in an attempt to resolve any issues.

Let me also say that I just talked to a lawyer today. Basically even though I have been to the dealership 10+ times and had 2 separate issues repaired 4 times, because my car is now fixed it would be very hard to get Nissan to buy back my car.

Just my .02

Good luck!

 

yea I read somwhere that if they finally fix the problem you can't do much , I contacted lemon law firm already and they are eager to take my case but I'll call BBB today and see what will happen..
question , what if a BBB arbitration wont be any help to me , and NIssan wont buy my car back , won't that look bad if I finally file a lemon law claim ?

 

Mpfstew -

I beg to differ. The BBB can and do order a manufacture to repurchase a vehicle.

I am proof of that. I had an arbitration hearing on September 15. I received a decision from the BBB that NAA is ordered to buy back my vehicle. I no long own my Z.

As far as looking bad with court is concerned the decision by the BBB is binding on the manufacture meaning they MUST follow the decision or face heavy sanctions by the BBB and is NOT binding on the consumer. Meaning the consumer may take the matter to court if they are not happy with the decision. The decision by the BBB is allowed into evidence in a court action but the arbitator can't not be supena to testify.

Hopefully this helps. When you contact the BBB and open a case they will send you a packet outlining everything you need to know.

 

I know about your buyback, as I have read about it on this forum.

However I didn't get my point across correctly. My point should have been that the BBB arbitrator doesn't have to necessarily follow the law. He/She can give a settlement to both parties, but it doesn't have to be in strict compliance with "Lemon Law" rules. It could be a some type of cash payout or whatever, but just because the arbitrator deems your car a "lemon", doesn't mean that you will definitely get a new car or a buyback. Yes, the decision of the arbitrator is binding.

In addition, your case with the BBB might not necessarily get into the hands of a CBBB arbitrator and get to a hearing. The until that happens it's you against NNA with an impartial mediator in between, which will always be a losing battle for the consumer.

This is how I understand it as my case manager at the BBB told me over the phone.

 

I called NNA this morning hoping I can resolve this with Nissan directly but they didnt want to listen so i opened a case with BBB against Nissan and waiting for the package as you said , dthoman - thanks for your help and hopefully I can get rid of my lemon... im disgusted with this car and love it at the same time , unfortunally dont have enough money to let my car sit at the dealership most of the time while im paying for it..

 

I'm with you on that point. I just figured out that since I first brought my car in for service on June 24th, it has been in the shop on average once every 12 calender days!

 

i went to get my car yesterday , they ordered few parts for the car and will call me when they come in , im really tired of this , and they charged me $ 94.00 , because i told them my tranny grinds in 2nd and they are saying it doesnt and had to charge me for the inspection.... am i missing something ?

 

also they made a note on my invoice that the 2 rear tires are chipped all over ... told me that maybe im causing the grinding in 2 when im racing on the streets , its nice to be 23

 

wow. i feel your pain. i have some serious issues with my car as well. get a lawyer. check out www.lemonlawamerica.com. and remember


KEEP A COPY

of all documentation you have regarding your vehi cle and its history. This includes all repair orders, purchase contracts, warranty book and owners manual that came with your car.

TAKE WRITTEN NOTES

of all conversations you have with your dealership and repair technicians concerning your vehicle and its “lemon” potential. Include the date, time and what specifically was discussed. This includes phone calls and in-person contact.

ASK ABOUT TSB’s,

or Technical Service Bulletins, instructions from the manufacturer that alert dealerships of specific defects or necessary repairs in certain models. If you don’t ask your dealer might not present you with this information, so speak up and ask your technician to write your request on the repair order.

PREPARE A TIMELINE

if you have many repair orders in your possession, to organize each repair attempt by date, the number of times the vehicle has been in the shop, and how many days total your vehicle has been out of service.

DO NOT BE DISCOURAGED

by your dealer, repair technicians, or others who might tell you the problems you are experiencing with your vehicle are minor and that you do not qualify under the lemon law for any sort of relief. ONLY AN ATTORNEY who is licensed to practice law in the state where you purchased your vehicle and has some familiarity with the lemon law, can make that determination!

 

I second all your points above.

One thing about TSBs. The service manager should be aware of all the TSBs for most cars. When I started having major problems with my car I just started working directly with the service manager about my problems. He actually called me twice when a 350Z TSB landed on his desk. Also, the service manager can easily arrange rental cars and stuff.

Good luck!