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Implied Warranty on New 2003 Auto

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M

MSBCBEN

Guest
What is the name of your state? North Carolina.

In March of 2003 I pre-ordered a new Nissan 350Z automobile from a dealer in Indiana. On October 11, 2003 the dealer called to tell me that the automobile had arrived and was available for pick up. I picked the car up on October 11th.

I drove the car home that evening. The next day I was reading the owners manual and it says, "never let children 12 or under ride in this vehicle".

The reason that Nissan put this in the owner's manual is because they did not install an airbag cut off switch on any of the 2003 350 z automobiles. I've been told that it will be standard in 2004.

As a father of a 2 year old and a 4 year old, I would never have ordered or purchased this automobile if I had known that I could not transport my kids in the vehicle.

I started contacting Nissan customer service on October 15, 2003 regarding this problem. They represented that an airbag cut off switch would be available in November. They made me apply to the Department of Transportation for permission to install the cut off switch in my car. I did receive the written authorization for the installation of the switch. However the switch did not come in November or December despite spending many hours with the dealer and the Nissan representative.

Sometime about January 11, 2003 an airbag cut off switch arrived at the dealer. This was not a factory switch. It was a universal switch about the size of a small brick that is supposed to mount within reason of the passenger. There is no where to mount the switch because it is to big and not designed for this car. In addition they want me to pay $800 for this switch.

On February 8, I wrote Nissan a demand letter under the lemon laws requesting repurchase of the vehicle because it does not comply with the implied warranty of merchantability such that the 350z can not be used for the transporation of human beings under the age of 12.

Today I received a letter from Nissan refusing that request.

What is my next move?

Ben
 


HomeGuru

Senior Member
I suggest you sell the vehicle on your own. You failed to do your due diligence and inquired as to the facts prior to your purchase.
Obviously, the vehicle is a sports type car and as such, it is not made for the purpose of transporting younger age children without making the airbag function inoperable. Just ask any dealer that sells 2 seater type sports cars. Also your insurance is higher do to that type of vehicle vs. a family station wagon or a van. In my opinion, this is not an implied warranty issue. If I bought such a vehicle, I would not expect to go 4 wheeling with it or expect it to haul my boat.
 
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F

ForrestN

Guest
I disagree with the other post. See Colonial Dodge 328 N.W.2d 678 (1982) You have an inspection period to find out about the car after you buy it. The fact that you still have the car isn't good -- you should have driven it back immediately. If you can document your immediate surprise and protest you may have an expensive case to pursue. You won't get your legal costs. Sell the car and move on -- but there is an arguement to be made here.
 

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