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Is my car a Lemon?

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siowner

Junior Member
What is the name of your state?What is the name of your state? New York

Hello,
I leased a brand new 2005 car back in March 2004. 2 months later I brought it to the dealer with front end problems. It is been at the dealer at least 7-8 times since. The dealer replaced the left strut 2 times and the right strut 2 times. The other times I was told that there is no problem, even though it was there. Last time (week ago) a stabilizer bar was replaced. Now the car is making noise and shacking at high speeds.

According to NYS Lemon Law I can apply for Lemon if: the manufacturer (or its authorized dealer) has had an opportunity to
repair the same problem four or more times
and the problem continued to exist at the end
of the fourth repair attempt;


Would 2 times left strut replacement and 2 times right strut replacement be considered as the same problem 4 times? Can I apply for lemon?
Any other suggestions? I am really tired of this car and all the problems.

Thank you very much,
 


dallas702

Senior Member
It's definitely a lemon, but why worry...it's not really your car. Call the regional company rep. Unless you have been off-roading with it they should exchange it for you. If they get sticky, go to your local TV stations (the ones that have those consumer programs). Look up the history of problems with those cars and the NTSB safety bulletins related to them. Does the company also fund your lease, or is it a different company?

File and see what happens.
 

siowner

Junior Member
Thanks for replying.
I called Nissan North America multiple times. Basically, what they are saying is that nothing they can do and I should take it in for repairs under warranty. The other option is to call the leasing company. I called the leasing company and they said the same thing: it has exisiting warranty and needs to be repaired. I am tired of taking it to the delaer and them not be able to repair it.

Do I have a case for NYS Lemon Law? Can the repairs I described in the original post be considered as the same repair 4 times?
Has anybody ever tried getting Better Business Bureau involved?

Thank you much,
 

teflon_jones

Senior Member
The left and right strut are separate repairs. You need to have one of them replaced 4 times, then still have a problem, for the lemon law to apply.

I doubt you'll have much luck with doing anything about this, as you've found out by calling the car and lease companies. Keep bringing it in for repairs until you hit the magic number and it officially becomes a lemon.
 

siowner

Junior Member
Is my car a lemon?

I see.
The problem is, that the car has to be under 18000 miles to apply for Lemon. Mine is 17900 now.
Thanks,
 

msiron

Member
Bearings and mounts on the top of the struts are usually the culprit.

Do they have noise? Are they leaking oil?

Also once you are logged for a repair (by date and mileage) that is the start of the problem so if you go over the 18,000 it is considered an ongoing problem.

You are not going to just get out of the car if they bought it back. You have to pay mileage. Retail sales usually uses this formula: If the car sticker was $30k you will pay 30 cents per mile on the odometer, if the car sticker was $40k you will pay 40 cents per mile on the odometer. Leasing would use a similar formula give or take a few cents.

They are giving you a rental while your car is in for repairs, right? So let them eat it.
 

teflon_jones

Senior Member
siowner said:
I see.
The problem is, that the car has to be under 18000 miles to apply for Lemon. Mine is 17900 now.
Thanks,
Well, can you make them break a couple more times in the next 100 miles? If not, then I'm sorry to say you're stuck!
 

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