Brand new car with a blown engine

[ciferno]

What is the name of your state (only U.S. law)? Ohio

We purchased a brand new Nissan Altima with 17 miles on Jan 2, 2009. On Jan 20, 2009 (with 500 miles) the engine blew. Nissan advised the dealer that they would pick it up and install a new engine at a Nissan facility. I completed a file with Nissan asking for a replacement vehicle. I'm waiting to talk with a Nissan Regional specialist.

Does anyone know if we can actually get a replacement vehicle rather than an aftermarket new engine, since it has only been 2 weeks since the purchase? We purchased a new car and want a new car.
Thanks, Kevin

[Zigner]

Originally Posted by ciferno

What is the name of your state (only U.S. law)? Ohio

We purchased a brand new Nissan Altima with 17 miles on Jan 2, 2009. On Jan 20, 2009 (with 500 miles) the engine blew. Nissan advised the dealer that they would pick it up and install a new engine at a Nissan facility. I completed a file with Nissan asking for a replacement vehicle. I'm waiting to talk with a Nissan Regional specialist.

Does anyone know if we can actually get a replacement vehicle rather than an aftermarket new engine, since it has only been 2 weeks since the purchase? We purchased a new car and want a new car.
Thanks, Kevin

Their obligation is to repair the vehicle. You get a new engine. Honestly, you're probably lucky they offered that, since it could be argued that there must have been something wrong with the way you drove the car if the engine "blew" after only 500 miles.

[justalayman]

Originally Posted by Zigner

Their obligation is to repair the vehicle. You get a new engine. Honestly, you're probably lucky they offered that, since it could be argued that there must have been something wrong with the way you drove the car if the engine "blew" after only 500 miles.

I'm sure they investigated that possibility before committing to a new engine.


ciferno: what do you mean by " an aftermarket new engine". I suspect you should expect a new Nissan engine straight from the factory. As to getting a new vehicle, I doubt it unless Nissan is wanting to be real friendly. Their requirement is to repair and defects, not replace the entire car. I do not see why a new engine should be a problem anyway. I would inspect thoroughly and not take delivery until everything appears to be correct.

[carmen19432001]

Originally Posted by justalayman

I'm sure they investigated that possibility before committing to a new engine.


ciferno: what do you mean by " an aftermarket new engine". I suspect you should expect a new Nissan engine straight from the factory. As to getting a new vehicle, I doubt it unless Nissan is wanting to be real friendly. Their requirement is to repair and defects, not replace the entire car. I do not see why a new engine should be a problem anyway. I would inspect thoroughly and not take delivery until everything appears to be correct.

The Lemon Law applies only in a situation that the same problem must exist three (3) different times and has been repaired by the franchise dealership
without satisfactory results.

[justalayman]

Originally Posted by carmen19432001

The Lemon Law applies only in a situation that the same problem must exist three (3) different times and has been repaired by the franchise dealership
without satisfactory results.

who is talking about any Lemon Laws? I am talking about a warranty repair where the owner of the vehicle believes they should get a totally different car because of an engine problem. Since it is a blown engine, I don;t see the lemon laws being of concern.

[ciferno]

The lemon law also says 30 calendar days out of service for the same problem. Our car was out 17 days for this engine replacement (ordered in and replaced at the dealership). That leaves 13 days in the next 18 months.

Nissan says they can give us the Silver Preferred Extended Warranty, 7 years 75,000 miles. Non-transferrable because the Nissan not the dealer is offering it to us. I'm still negotiating with them. I prefer: No. 1 - a new car, No. 2 - A gold preferred transferrable extended warranty. No 3 - A silver preferred transferrable warranty.

I don't think we're gaining any advantage with wanting the vehicle replaced. We went out to buy a brand new car. It fell apart practically right after driving off the lot.

[Zigner]

Originally Posted by ciferno

The lemon law also says 30 calendar days out of service for the same problem. Our car was out 17 days for this engine replacement (ordered in and replaced at the dealership). That leaves 13 days in the next 18 months.

Nissan says they can give us the Silver Preferred Extended Warranty, 7 years 75,000 miles. Non-transferrable because the Nissan not the dealer is offering it to us. I'm still negotiating with them. I prefer: No. 1 - a new car, No. 2 - A gold preferred transferrable extended warranty. No 3 - A silver preferred transferrable warranty.

I don't think we're gaining any advantage with wanting the vehicle replaced. We went out to buy a brand new car. It fell apart practically right after driving off the lot.

Your engine was replaced (will be replaced?). As such, the likelihood that it will be out of service AGAIN for an engine replacement is slim to none.

You are NOT entitled to a brand new car. But, enjoy your world.

[ciferno]

you're probably lucky they offered that, since it could be argued that there must have been something wrong with the way you drove the car if the engine "blew" after only 500 miles
You are NOT entitled to a brand new car

With these quotes, I wouldn't be be surprised if you worked for Nissan

If the product I sell at my restaurant isn't right, I give a replacement and throw out the original. Nissan can replace it's product and still has the opportunity to receive money for the original.

[justalayman]

Originally Posted by ciferno

With these quotes, I wouldn't be be surprised if you worked for Nissan

If the product I sell at my restaurant isn't right, I give a replacement and throw out the original. Nissan can replace it's product and still has the opportunity to receive money for the original.

but you cannot separate the potatoes out of beef stew, add new, and have like new beef stew. You can do that with an engine. There is no fair comparison in your car and your food analogy.

as to the lemon law: if, IF your car is out of service for 13 days in the next 18 months for a blown engine, then you can argue you deserve action under the lemon law. Until that happens, it is irrelevant to your situation. A bad alternator, water pump, or any accessory causing the down time does not count as "the same problem".

Look at it this way; all Nissan HAS to do is repair the engine. They don't even need to replace it if they do not want. I would argue for a replacement rather than repair due to the mileage but it is up to them and you do state they are installing a new engine.

They do not have to offer you any warranty beyond the warranty that came with the car at purchase.

So, you can argue all you want but realize what they do NOT have to give you. They are giving more than required only as a customer relations situation.

[ciferno]

I would think the lemon law would apply to anything related to the replaced engine.
Doing the minimum is poor customer relations. I'm not going away.
I'll post here the final resolution

[Zigner]

Originally Posted by ciferno

I would think the lemon law would apply to anything related to the replaced engine.

That is irrelevant. The LAW states what would apply. It's not up to ciferno.

[ciferno]

Originally Posted by Zigner

That is irrelevant. The LAW states what would apply. It's not up to ciferno.

Roger that.....and nor zigner

[justalayman]

Originally Posted by ciferno

Roger that.....and nor zigner

but zigner just happens to be correct and ciferno isn't.

[Omni-Pontent]

While statements to the fact the dealer is only obligated to fix the problem, and how they fix it is at their discretion are true and accurate, the OP should have concerns.

The OEMs pay their dealers at a much lower rate for warranty repair in comparison to a customer pay job. Thus the tech working on the car is getting less pay. Then combine that with a large percentage of techs working at dealers are.... well.... somewhat incompetent, he may end up with a butchered engine replacement. And some problems may not crop back up until just after the warranty expires.

[Kiawah]

Which is why an extended 7 year warranty would be a perfect insurance against the potential of any deficient labor that you think might occur. Can't imagine that a dealership would have service rookies replacing an engine, but think what you want.

Personally, I'd be very happy with this offer, seems very reasonable.