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Lemon Laws- Has anybody used them?

Discussion in 'The Lounge' started by SCJimmy, Jun 13, 2004.

  1. SCJimmy

    SCJimmy 1/2 ton status

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    We bought a new Nissan Murano for my wife back in April.

    I found the car on the web, then we went to the dealer (across the state line) to make the purchase.

    Car was dirty when we looked at it and took the test drive. We did the transaction, and the dealer had the car detailed while we did the paperwork.

    When we finshed the deal, we went out side to pickup the car to leave, and found some minor damage on the car. Windshied was scratched, front painted bumper was scratched and there was a small dent on the edge of the hood. It looked to me like the detailer was rushed and got sloppy, possibly hitting the car with a pressure washer wand, and getting sand under the wiper blade, then running the wipers, scratching the windshield.

    Needless to say, I was furious, and had there been another similar car on their lot, I would have refused to take delivery and demanded another car. The dealer assured us proper repairs would be made, and we got a written "We owe" outlining the damage and repairs before leaving.

    My wife returned the car at a later date for repairs, and they fixed everything except for the windshield in one day. They ordered a windshield, and she returned the car a second time to have it installed, and waited 5 hours on it.

    She brought the car home that night, and we delayed an out of town trip to allow the adhesive to dry (24 hrs) before pulling off the tape. When we were leaving, I went out and pulled the tape to take a look at the repair in the daylight. Under the tape, I found the painted edge around the windshield scratched down to the metal, adhesive on the paint, smeared on the dash, the dash board damaged, and the seal was not bonded to the body in several places. Glass shards blew out of the defroster vents when I turned it on./forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif

    I called and raised hell, and they agreed to make it right.

    Went back (with my wife) the next week to have them make it right. I took pictures, and presented the manager with a written record of the damage, and a request to settle the matter. They gave us a loaner to drive and agreed to fix everything properly.

    That was two weeks ago. They called us Tuesday, and said we could pick the car up Wednesday. We agreed to pick it up on Saturday, due to both of us being out of town. They called Friday afternoon at 3:30 to say that it was still not right, and that they needed another week to fix it.

    At this point, I'm thinking the car is no longer in new condition, as it has been repaired twice, had paint damage, new windshield(s), and interior repairs. Plus we have wasted our time (one hour each way + waiting time) trying to resolve this.

    I believe a new car is in order, and that the Lemon Law for our state should apply, and if not the dealer should make this right by replacing the vehicle. (For those who don't know, most state's lemon laws apply to loss of vehicle use for a specific number of days, as well as manufacturing and product defects.

    Lemon Laws

    Before I bring a lawyer into this, has anybody here gone through the process? What was the outcome? /forums/images/graemlins/dunno.gif
     
  2. sled_dog

    sled_dog 1 ton status

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    I just don't know, never heard of Lemon law on anything but a mechanical issue, but at the sametime the law says if it hurts the value of the vehicle and what you said certainly does hurt the value. Does the warranty cover the windshield and paint? I can't think it really does unless the paint starts chipping on its own. It really sounds like you have a complaint for the better business bureau with the dealer and you got a really crappy dealer more than a Lemon Law complaint, but I have no experience in it.
     
  3. SCJimmy

    SCJimmy 1/2 ton status

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    Yeah, it's a muddy grey area... First they damaged the vehicle during the sale/transaction. Then they further damaged the vehicle during attempted repairs. We have not had use of the vehicle for 3 weeks +.

    Repairs have decreased the value of the new vehicle.

    The Dealer has tried to make things right and accepted resposibility for the damage.

    My concern is that continuing down this path will only result in further damage, and a loss of value in the end. Perhaps I should contact Nissan North America and complain to them directly about the dealer and damage to the car.

    I'm thinking an attorney consultation is in order...
     
  4. sled_dog

    sled_dog 1 ton status

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    yeah its definetally grey, I'd keep going with repairs and get that consoltation.
     
  5. Z3PR

    Z3PR Banned

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    [ QUOTE ]
    Yeah, it's a muddy grey area... First they damaged the vehicle during the sale/transaction. Then they further damaged the vehicle during attempted repairs. We have not had use of the vehicle for 3 weeks +.

    Repairs have decreased the value of the new vehicle.

    The Dealer has tried to make things right and accepted resposibility for the damage.

    My concern is that continuing down this path will only result in further damage, and a loss of value in the end. Perhaps I should contact Nissan North America and complain to them directly about the dealer and damage to the car.

    I'm thinking an attorney consultation is in order...

    [/ QUOTE ] Have you called the manager at the dealership and asked if they'd be willing to replace the car with another one of the same model ??? Who knows, it may be easier for them.
     
  6. SCJimmy

    SCJimmy 1/2 ton status

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    Yeah, I have spoken with the owner of the dealership (before they took the car back this last time) he assured me they would make the car right to my satisfaction.

    I guess I'm loosing faith in their abilities at this point.

    We'll see what they produce when the vehicle is ready.

    I'm glad I photographed everything, and kept good records now...
     
  7. fjleiter

    fjleiter 1/2 ton status

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    I believe in South Carolina that they have to attempt repairs at least three times, and the vehicle has to be out of your hands a total of 30 days. This is required before you can file for Lemon Law
     
  8. fjleiter

    fjleiter 1/2 ton status

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    Try this page for individual lemon laws by State (scroll to bottom of the page for links, top of page is California only)
    Lemon Laws
     

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