Hi,

I've been thinking about pursuing a lemon lawsuit over tire feathering and was wondering how many of you have experience doing it.

how many of you have pursued a lemon lawsuit through an attroney and was successful at settling/winning? if i go through a lawyer and successfully settle with nissan, will they pay me the full purchase price including tax, registration, license minus usage until my car was first taken into shop?

if anyone has experience with this and can provide me with any advice, i'd be grateful...

thanks!

 

First try filing a case with the Better Business Bureau. There are alot of people that have had success with the BBB ordering NAA to buy back their vehicles. You don't need an attorney and it doesn't cost a dime. Many states require this step prior to filing a lemon lawsuit with the courts. In California it is not required.

Check your owner's manuel for information on how to file a lemon lawsuit. The BBB can be contacted by calling 800-955-5100. They handle the arbitration process for all states. You may open a claim by calling them. They will send out the necessary forms and information to you.

The manufacture is binded by the decision of the BBB, but the consumer is not. So it is a win win situation for the consumer.

I opened my case on August 11, 2003, had my hearing on September 15, 2003. I won and NAA was ordered to buy back my car less usage. So I almost broke even because my mileage that was calculated was 1,100 miles. This was based on the first attempt for repair. But car was actually bought back because of the window streaking, but the arbitrator found that the tire wear issue was much more important. I turned in my car on October 6, 2003. I did take a while for NAA to take my name off of title though.

 

That quote worries me - my Z will be turned in on 5/26/04 for buyback. I had Nissan and my Lein holder on 3 way to sort this junk out. I'm going to follow up weekly to make sure NNA does what they are suppose to do....


Thanks for that bit of info.

 

Isn't it a lot of hassle to do the research and go to arbitration? I have a lawyer already, and she will be taking this free of charge to me (lawyer gets paid by Nissan if we win; free otherwise). I don't feel like wasting any more time with my car, and I don't really want to do research and prepare my case for BBB either. hm...

 

I believe it would be more hassle to go through the courts. I am a legal secretary and cases can go on forever. If you file with the BBB they have I think 45 days from the date you open the case to render a decision regarding your case. That means any offers to settle prior to hearing, which NAA will just have a DTS (Defective Technical Specialist) look at your car, hold the hearing and then make their decision on your case.

If you file with court, it will take a lawyer a while to prepare the lawsuit (depending on his case load), file it with the court. Then you have to serve NAA, which then they have 30 days to answer and it can go on and on. There is no time limit that a decision has to be made.

This is just my opinion though. You can hire a lawyer to go through the arbitration process for you, but I don't know if NAA is liable for attorney's fees. I think only if you prevail in a court hearing.

 

The paper work gets sent off to their main headquarters. Someone has to sign off on it, then it is mailed to DMV. I think DMV usually takes 6-8 weeks to transfer title on any normal situation anyway. I think I was a bit paranoid about having my name on title (because of liability) so if was calling every couple of weeks and pissed the arbitration specialist off and maybe my paperwork got "lost" somewhere. But it did finally happen.

Just for your info I believe that the NAA arbitration specialists monitor this board, because the last time I talked to mine he requested that if I spoke in a public forum that he would appreciate it if would not use his name. And this is the only public forum I use regarding my Z.

 

hm...is it possible to first go thru BBB arbitration and if that fails, can I hire an attorney to take Nissan to court? Is there ever a downside to going to BBB arbitration first?

 

Yes.... The BBB decision is conditionally binding to the ower should the owner choose to accept the BBB decision. If not, then you reject it and go to the next level.

 

Yes, once accepted it is binded upon both the owner and company, but you don't have to accept the decision if it is not what you want. So if you don't like it, don't accept it and go on to the next level.