Close to filing a Lemon Law complaint

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howie411
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Close to filing a Lemon Law complaint

Postby howie411 » Tue Nov 26, 2019 11:51 am

My 2018 Rogue Hybrid has been in the shop at least 6 times for the Infotainment System. Most of the times it was in for over a week. Well now its back in again and it seems like they need to replace the head unit for the 2nd time.. Anyone tried to claim a lemon before? Looks like in VA you have 18 months from purchase to file and would fall under "The manufacturer, its agents, or its authorized dealers, must have tried to repair the same defect three or more times and the same defect continues to exist;"


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DTASFAB
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Re: Close to filing a Lemon Law complaint

Postby DTASFAB » Tue Nov 26, 2019 12:37 pm

Call the office of the state attorney general in Virginia and ask them for advice. If that doesn't get you anywhere, look up local ambulance chasing attorneys and ask them how to proceed. Don't hire anybody obviously, unless you want to throw good money after bad.

I've never done anything like this, so I could be off base, but if you suggest to the dealer that you're going to buy a new replacement vehicle from them, it could grease the wheels and motivate them to help you against Nissan corporate to have your current Rogue declared a lemon. Of course, you would be under no obligation.

Good luck.

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AZhitman
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Re: Close to filing a Lemon Law complaint

Postby AZhitman » Tue Nov 26, 2019 3:57 pm

Check your state's laws related to this (every state has a diffferent variation of the law), but it typically only applies to "Substantial Defects."

"Substantial Defect" is a problem covered by the warranty that impairs the car's use, value, or safety, like faulty brakes or steering. Not the in-car entertainment system.

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casperfun
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Re: Close to filing a Lemon Law complaint

Postby casperfun » Tue Nov 26, 2019 3:58 pm

At least it’s not your cvt.

Too bad you can’t just upgrade the entertainment system, but then the problem of keeping the birds eye view.

In beginning, thought bird eye view was cool, but now I think I can live without it.

Easier for me since I never had it. :inout:

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Re: Close to filing a Lemon Law complaint

Postby Rogue One » Tue Nov 26, 2019 5:14 pm

Virginia has a "Lemon Law." It is called the Virginia Motor Vehicle Warranty Enforcement Act.
Read Virginia’s “Lemon Law

This law establishes a “lemon law” rights period ending 18 months after the date of the vehicle’s original delivery to the consumer. The provisions of Virginia's “Lemon Law” are enforceable by private action brought by the consumer, not by a governmental agency.
Code of Virginia: Chapter 17.3. Motor Vehicle Warranty Enforcement Act
https://law.lis.virginia.gov/vacode/tit ... .1-207.13/
§ 59.1-207.13. Nonconformity of motor vehicles.

A. If the manufacturer, its agents or authorized dealers do not conform the motor vehicle to any applicable warranty by repairing or correcting any defect or condition, including those that do not affect the driveability of the vehicle, which significantly impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts during the lemon law rights period, the manufacturer shall:

B. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to any warranty and that the motor vehicle is significantly impaired if during the period of eighteen months following the date of original delivery of the motor vehicle to the consumer either:
......
1. The same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist;

2. The nonconformity is a serious safety defect and has been subject to repair one or more times by the manufacturer, its agent or its authorized dealer and the same nonconformity continues to exist

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DTASFAB
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Re: Close to filing a Lemon Law complaint

Postby DTASFAB » Tue Nov 26, 2019 5:37 pm

AZhitman wrote:
Tue Nov 26, 2019 3:57 pm
Check your state's laws related to this (every state has a diffferent variation of the law), but it typically only applies to "Substantial Defects."

"Substantial Defect" is a problem covered by the warranty that impairs the car's use, value, or safety, like faulty brakes or steering. Not the in-car entertainment system.
This problem affects the value of the vehicle and it makes it impossible to be used as intended. I don't know how much actual vehicle function is integrated into the head unit on the modern Rogues, but generally speaking, a lot of these head units do way more than just audio and navigation now.

Since it's a problem that is clearly covered by the original warranty and car manufactuers routinely replace faulty head units for free under warranty at their own expense, and this particular problem hasn't been resolved in more than three attempts, I believe this would qualify as a substantial defect in the eyes of any reasonable judge, arbitrator, or mediator.

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Re: Close to filing a Lemon Law complaint

Postby datechboss101 » Tue Nov 26, 2019 9:54 pm

Dude, why are you bothering with that crummy OEM Headunit? There are way better aftermarket units out there, and costs way less than OEM.

I personally never was a fan of Nissan's head unit at all, but I keep it because of the birdeyes view (parents kind of drive my Rogue once in a while).

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AZhitman
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Re: Close to filing a Lemon Law complaint

Postby AZhitman » Wed Nov 27, 2019 6:16 am

Uh, because he paid a lot for it and it should function as designed.

No, there aren't units out there that cost less than what came with the car. It's essentially free. Stop.

howie411
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Re: Close to filing a Lemon Law complaint

Postby howie411 » Wed Nov 27, 2019 8:12 am

Well got my Rogue back yesterday and I think the head unit is issues are finally resolved. Will give it 1 more chance. Thanks for the all the comments.

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Re: Close to filing a Lemon Law complaint

Postby Rogue Jarhead » Thu Nov 28, 2019 4:48 am

The first car I ever bought had no radio. From the factory it came with just a blank shelf/hole in the dash. Fast forward and now radios are almost indispensable and complicated to the point that using something like a lemon law to sell the car back is actually being considered. I drive a lot and almost never turn the radio,tape,cd,streaming whatever on. I like my ride in silence. After the novelty of having navigation wore off (about a month) I keep that screen off to.

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Re: Close to filing a Lemon Law complaint

Postby casperfun » Thu Nov 28, 2019 7:09 am

Got me thinking.

No lemons laws when 8-track was around.

Yah yah, most don’t know that in this day and age.

Anyways, wonder if a vehicle like that is a lemon if it failed.

Personally, I use to have a sd card play music videos while I drive.

But lately I like streaming you tube to twin back seat video monitors for the kids.

I am unable to do that at the moment since all these Apple updates on iPhone that won’t allow 3rd party accessories to work. So I am ordering oem Apple hmdi cable.

I can still listen through my pioneer with the iPod function.

Lemon law could apply with needing the bird eye or back up camera to prevent running over a child in the rear.

For safety reasons.

My 2cents

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Re: Close to filing a Lemon Law complaint

Postby Act of God » Fri Nov 29, 2019 11:26 am

If you can't lemon law I suggest hounding Nissan consumer affairs. My Rogue had a million problems (purchased CPO with 25,000 miles) and while they wouldn't buy back my car they did extend the full factory warranty to 7 years 100,000 miles free of charge. I was on the phone with them quite regularly, pushing for the buy back.

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Re: Close to filing a Lemon Law complaint

Postby datechboss101 » Mon Dec 02, 2019 3:57 pm

Act of God wrote:
Fri Nov 29, 2019 11:26 am
If you can't lemon law I suggest hounding Nissan consumer affairs. My Rogue had a million problems (purchased CPO with 25,000 miles) and while they wouldn't buy back my car they did extend the full factory warranty to 7 years 100,000 miles free of charge. I was on the phone with them quite regularly, pushing for the buy back.
It takes an arm and leg for Nissan consumer affairs to help, but then they side with the dealer, not the consumer. This is literally my 3rd time that I contacted Nissan to get this ridiculous flaw from factory fixed on the 2019 Rogue and Rogue Sport.

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Re: Close to filing a Lemon Law complaint

Postby Act of God » Wed Dec 04, 2019 3:58 pm

datechboss101 wrote:
Mon Dec 02, 2019 3:57 pm
Act of God wrote:
Fri Nov 29, 2019 11:26 am
If you can't lemon law I suggest hounding Nissan consumer affairs. My Rogue had a million problems (purchased CPO with 25,000 miles) and while they wouldn't buy back my car they did extend the full factory warranty to 7 years 100,000 miles free of charge. I was on the phone with them quite regularly, pushing for the buy back.
It takes an arm and leg for Nissan consumer affairs to help, but then they side with the dealer, not the consumer. This is literally my 3rd time that I contacted Nissan to get this ridiculous flaw from factory fixed on the 2019 Rogue and Rogue Sport.
Maybe I got lucky, but I'm psyched about the free warranty

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casperfun
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Re: Close to filing a Lemon Law complaint

Postby casperfun » Sat Dec 07, 2019 7:39 am

Lemon laws are just that, a crappy law that is all talk most of the time.

Car manufacturers don’t give a rat’s butt if you eventually have a so called lemon.

I even learned a few things when I was suing Nissan when they returned my maxima leaking after repairing a different leak.

Of course I lost in small claims court against TWO Nissan lawyers! Or it could have been 3 that represented the defendant. Don’t even remember the corporate representative. They spent more on lawyers than my freaking damage to my vehicle!

Since I represented myself, I believe I kinda won since they had to spend for all those lawyers. Lolz.

Did you know that the better business bureau is nothing but a scam where a company pays for its rating from them?

Your complaints really get you no where with them, so when I see a company mention their association, it don’t mean a darn thing. So BBB is really bs! :soap:

And the majority of winning with the lemon law is by using an expensive lawyer, more money into your problem.

Because car manufacturers don’t care if you call them (Nissan) and mention any lemon law.

But there is a way to win a lemon law case without an expensive lawyer.

It is today’s multi- media. Not only that you have your local on your side segments with your tv/newspaper reporters.

You have what is in front of you now. The all powerful internet.

And one thing that companies today hate is bad publicity.

Now you don’t have to just tell an uncaring car dealer.

You can tell everybody about your lemon to your family, friends, and the world.

Use Twitter, Facebook, Instagram, tik Tok to tell the world.

Hopefully that can help.

Looked what happen when the bad publicity about their cvts has caused already. No profit for the last quarter.

The cvts alone should have told you that these cars have been lemon quality for years, too bad you got sucked into the Nissan vortex of crappy manufacturing.

Lemon laws don’t really mean anything to the customers who can’t fight a car manufacturers unless they pay for an expensive lawyer. :mad:

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Re: Close to filing a Lemon Law complaint

Postby AZhitman » Sat Dec 07, 2019 5:19 pm

^ Accurate.

I'm not convinced the CVT issues are to blame for declining profits (there are several other reasons for that), but you nailed the BBB and LL analysis.

I still stand by my earlier contention that the AV system is *NOT* going to qualify for LL consideration (despite all the technicalities and legal jargon).


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