ECM & Transmission Part Failure within 24 hrs of Purchase

Forum for Infiniti M35 and M45, and Nissan Fuga owners.
mikeob83
Posts: 4
Joined: Thu Mar 10, 2016 7:33 pm
Car: 2009 Infiniti M35x

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Summary:
I Purchased a 2009 Infiniti M35x on Feb 8, 2016 from a reputable Infiniti dealership in Atlanta, GA. The car's check engine light turned on during 2nd test drive with salesman. I get sales to agree to fix and pay for the issue causing the check engine light to come on, and any residual issues related to it in a written contract. The vehicle was serviced, check engine light is off, I am told the issue is "allegedly" repaired, but the next morning the M35 completely dies. It is towed back to dealership Feb 9, where it has sat for over a month until yesterday when I am told it is my responsibility to pay for a new computer system (ECM)= $1965.95, a U-joint replacement= $1222.89, totaling $3233.84 to drive a car I owned/possessed less than a day off the lot I bought it from. Is it possible the check engine light was purposely turned off with some temporary fix for long enough, so I would drive it off the lot, hoping it would keep running long enough so that they could wash their hands of any financial responsibility? Also, does anyone have any idea why the dealership would allow me to keep a 2016 Q50 loaner for a month, and avoid me for so long? I know there is no lemon law in GA for used cars, but it felt like they were purposely avoiding me and trying to wait as long as possible to do anything. :confused:


I purchased a 2009 Infiniti M35x on 2/9/2016. Prior to purchasing it, I had an independent computer diagnostic run on it because the "check engine" light came on during my second test drive with the sales rep, and I wanted to know what the problem(s) were before it was serviced at the dealership.The error code that came up at the mechanic was P1815, and the dealership said the same thing when they checked it. They said it was a minor problem and that they would repair it before I bought it and that they would resolve any problems related to it for free even after I purchased it, which I made sure was put in writing before I bought it. When I did buy the car, the service techs worked on it for the rest of the day and they did something that got the check engine light to turn off, but it turned back on as I was driving home that night, but they had already closed when it did so I couldn't bring it right back. Therefore, the next morning, I made an appointment to bring it back again while I was driving to a job interview. Unfortunately, a few minutes later, the entire vehicle suddenly went dead. I went from driving 65mph to a dead stop in a couple seconds, while in the far left passing lane, on Interstate 285 in Atlanta Georgia, during morning rush-hour and light snow (light snow in ATL is like Armageddon for some reason). So, I am half way in the road, and as close as I could get to the median, praying I don't get hit since I couldn't run across 5 lanes of interstate rush-hour traffic. After 15 dangerous/anxious minutes, the police closed the interstate so the car could be pushed over to the shoulder and safely put on a flatbed. I had it towed back to the dealership where I was assured it would be taken care of and I was given a loaner car to try to make it to the job interview, but it was too late. It took almost a month to get someone to return my calls to find out what was wrong with my car, and when they finally did, I was told that the on-board computer (ECM) and the U-Joint suffered catastrophic failures and that they didn't know who was financially responsible for the repairs. After that, I didn't hear from anyone for another week, even though I called every day. Finally, I get a call from the GM of the dealership, who I had emailed and called a few times, to tell me that I needed to pay for a new ECM: $1445.95 (Parts) + $520 (Labor)= $1965.95, plus the U-joint replacement: (Parts) $702.98 + $520.89 (labor) $1222.89 totaling $3233.84 to fix a car I didn't even have a full day after purchase. If anyone has any suggestions it would be really appreciated.


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Mjkkb2
Posts: 693
Joined: Mon Oct 21, 2013 11:37 am
Car: 2018 Infiniti QX60 AWD
2011 Infiniti M37S
2011 Nissan Quest
2001 Infiniti I30t(sold)
Location: Richmond VA

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sorry to hear about your plight man. I assume it's an Infiniti dealer since you mentioned a Q loaner. I think the big question should be; what is the language in the contract that talks about the issue. You said you had it written into the contract. Can you share exactly what it says? I am afraid this may be your only saving grace...
I believe the month they took was to diagnose and research any possibility/relation of the code to the failures the car suffered. Corporate was probably involved and a decision was made that it had nothing to do with the issues. This may or may not be true of course. I am not a mechanic and have a hard time to decifer what this(http://www.ismcentral.com/DTC/dtc_P1815 ... switch.pdf) exactly says, but it talks about the wiring/harness/short and it's related to a transmission problem which could cause the computer and the other part to fail, in my opinion.
If you follow the diagnostic document you'll see that's it's pretty involved. The service may have not followed through with the repairs as needed and just cancel the code.

Also, have you seen the history report (carfax) for the car? Did they show you the repair history? You could have a recourse under GAs Fair Business Practice Act if they misrepresented any information about the car during sale. This would be a last resort option as it would involve an attorney which could be more costly than it's worth....

I think you should start making some noise. Call the Infiniti ownership number and set up a complaint case. Then call the dealer and ask for all the paperwork, documentation related to your car so you can have it reviewed by a third party. Tell them you have been advised that the initial code has to do with the transmission issues (reference the document linked above) and that you are gathering paperwork for a review by an attorney. See if this changes their tune at all. Probably not, but squeaky wheel gets the grease...
Good Luck!

BlackCat81
Posts: 422
Joined: Mon Sep 21, 2015 4:09 am
Car: 2006 Infiniti M35x
2003 Lexus GX470
Location: Mesa, AZ

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Ive never seen that code cause driveablility issues. It's basically a code that says its seeing an input in the instrument cluster that is different than the actual gear position. Does the car shift ok? The front driveshaft on the other hand, should've been something they caught during the used car inspection. Did the car physically quit or did the front driveshaft break making all kinds of racket? What exactly happened?

I'd also threaten to hammer them on social media, Yelp, etc if they don't fix it. That's ridiculous for a dealer to do, and I work for one.

I've been with Infiniti for over 3 years and have never seen a G or an M towed in being undriveable with ONLY that code present. They're hiding something. It also states in the manual that the causes can be the harness, connectors, or combination meter (instrument cluster). It makes no mention of a faulty ECM being a cause for that code.

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Ilya
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Car: 2011 M56x but I spend a lot of time on my 2015 Kawasaki Vulcan S. Former owner of a 2007 M35x. Also take care of my wife's 2016 QX60.
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Definitely call Infiniti Corporate and get a case number. My dealer wasn't playing nice on an issue until I got a case number...soon as I had that, the general manager called me and took care of everything.

steve_c
Posts: 276
Joined: Fri Jun 25, 2010 7:29 am
Car: 06 Infiniti M35x
Location: Northeast USA

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mikeob83 wrote:..........Is it possible the check engine light was purposely turned off with some temporary fix for long enough, so I would drive it off the lot, hoping it would keep running long enough so that they could wash their hands of any financial responsibility? Also, does anyone have any idea why the dealership would allow me to keep a 2016 Q50 loaner for a month, and avoid me for so long? I know there is no lemon law in GA for used cars, but it felt like they were purposely avoiding me and trying to wait as long as possible to do anything..........
Mike,
Sorry your first post has to be over a bad experience with your M.

yes, all that you say above is very possible, and very well could be likely.
Disconnecting the battery would put OBD II back into discovery mode, and can be used as a cheap trick to keep a CEL off to get a car off the lot & down the road.

In addition to the advice already given, I would start a small claims court case against them.
I would at least sue them for the amount of the estimate they gave you for the repairs. I know you do not have a lemon law, but you can make the case that they sold you a car not road worthy as per the problems & conditions you experienced from day one. You have the right to expect reasonable representation that the car was road worthy, it obviously was not!
Small claims court may have a limit on the max you can sue for, but I would think most townships would allow up to 3k in damages.
Also, file a complaint with BBB! Are they BBB accredited? Check the BBB website (or the dealer website) to see.

These are 2 easy steps you can take ASAP! You can let them know you will escalate the matter to court & a BBB claim, but I am sure most dealers have heard these threats before; you must be prepared to follow up if they do not give satisfaction!

BTW, a carfax might be able to help you out.....get one and see what it tells you!

Keep us posted!

cruzad3r
Posts: 1340
Joined: Fri Mar 05, 2010 6:34 pm
Car: 2006 Infiniti M35x fully loaded
Location: CT

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no dealer in their right mind would do this to risk their reputation. so i'm playing devil advocate and take the dealer side. did you do your homework before commit to buy. was there anything you're not telling. if the dealer is as bad as you made it, then we should know and spread the words so they can't scam another customer

steve_c
Posts: 276
Joined: Fri Jun 25, 2010 7:29 am
Car: 06 Infiniti M35x
Location: Northeast USA

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cruzad3r wrote:no dealer in their right mind would do this to risk their reputation. so i'm playing devil advocate and take the dealer side. did you do your homework before commit to buy. was there anything you're not telling. if the dealer is as bad as you made it, then we should know and spread the words so they can't scam another customer
I agree. Something is not right......
A reputable dealer would wholesale a problem car and not pass it off to a retail buyer! Why create problems for the dealership?
I am very curious if the car in question was bought by the dealer at auction, or if it was a trade in. A carfax might provide a clue to that. I would ask the manager outright what the origin of the car is.....if he says bought new from that dealer, I would then ask for the service records.

It appears the GM of the dealership is the one calling the shots with the OP. Makes me wonder if the dealer owner is even aware of this particular transaction!

All we have to go on is the op's story, speaking of which, we have not heard an update from him yet!

mikeob83
Posts: 4
Joined: Thu Mar 10, 2016 7:33 pm
Car: 2009 Infiniti M35x

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:cool: I would like to sincerely thank you all for your input. I took the advice from several of your posts and spoke with the General Manager of the Infiniti dealership. I didn't want to show all the cards you all have added to my hand yet, or threaten to make noise (at least not yet ), so I started with the honey and not the vinegar approach to see where it would get me. Also, someone mentioned that they probably hear those kinds of threats all the time, so I wanted to see if they would negotiate before going there right away and not leaving myself any room. So, I spoke with the GM and he offered to take care of everything if I pay $546 dollars, and offered to sell me a warranty. I don't know if a warranty can be purchased after the fact for anyone, or if he is making an exception for me as part of his concessions in the negotiation.

Also, someone asked if the car made a bunch of noise before it died, and it didn't. One moment I am going 65mph with the cruise control on, and the next moment the engine, lights, and entire car was dead before it even came to a full stop... When I did stop, I immediately tried to start it and the engine would crank, almost turnover, and die again. I only found out about the U-joint issue from a service consultant that said if they fixed the computer, and got the car running, that before long, the U-joint would give out. He also told me that none of the managers wanted to deal with it and that the service manager would send the invoice to the sales manager and vice-versa during the first few days after it was towed to there, until they just ignored it for the next few weeks. So, my car sat there for weeks not being repaired, or even being looked into as far as I know. I don't know if the service consultant was supposed to tell me all that though because the GM wasn't aware of the U-joint problem when I asked if the $546 included fixing the U-joint, but he called me back and said "all your issues will be addressed for $546. However, he might have been aware of it, but was hoping I wasn't. It somewhat worried me that he said "all my issues" instead of saying "yes, we will fix the U-Joint problem and the ECM". He also refused to meet in person to discuss and negotiate the issues even when I said I will meet anytime at his convenience, which also seemed a bit shady. I am going to call the service manager to see if I can get a copy of the work order so I can see exactly what they are doing and I will try to post a copy here.

The only reason I bought this car is because I was in an accident that totaled my 2003 Lexus IS300 that I bought new and never had a single issue with. So, I wanted to get another vehicle that would last me just as long, and according to many sources, Infiniti is the one of the most reliable cars in its class. I did extensive homework on it prior to purchase, and from the first time I saw it, to when I purchased it, I test drove it 3 times over a period of 10 days.

BlackCat81
Posts: 422
Joined: Mon Sep 21, 2015 4:09 am
Car: 2006 Infiniti M35x
2003 Lexus GX470
Location: Mesa, AZ

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Get the owners contact info and contact him. I wouldn't settle for that offer.

mikeob83
Posts: 4
Joined: Thu Mar 10, 2016 7:33 pm
Car: 2009 Infiniti M35x

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steve_c wrote:
cruzad3r wrote:I am very curious if the car in question was bought by the dealer at auction, or if it was a trade in. A carfax might provide a clue to that.
Thank you for your response and input. According to the Carfax report and the sales rep, the vehicle was a trade-in. Also, I doubt the dealer owner knows of the transaction because, In addition to the Infiniti dealership, the owner has dealerships for: BMW, Bentley, Lexus, Ford, Volkswagen, Nissan, Kia, Toyota, Hyundai, Honda and Acura in the Atlanta area. :gotme

Thanks again,
Mike

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Mjkkb2
Posts: 693
Joined: Mon Oct 21, 2013 11:37 am
Car: 2018 Infiniti QX60 AWD
2011 Infiniti M37S
2011 Nissan Quest
2001 Infiniti I30t(sold)
Location: Richmond VA

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$.5K sounds much better than $3K+. Still sucks that the price of the car went up $500. You must decide if the fight is worth it. Not sure what I would do so will not offer up opinions. Looks like the case is on a path to some kind of resolution. I wish you all the best and hope you stick around and have a few positive stories to share.
Good luck!

mikeob83
Posts: 4
Joined: Thu Mar 10, 2016 7:33 pm
Car: 2009 Infiniti M35x

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Mjkkb2 wrote:$.5K sounds much better than $3K+. Still sucks that the price of the car went up $500. You must decide if the fight is worth it. Not sure what I would do so will not offer up opinions. Looks like the case is on a path to some kind of resolution. I wish you all the best and hope you stick around and have a few positive stories to share.
Good luck!
Thanks


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