Anyone filed a Lemon law claim in Texas?

adjmcloon · 01-05-2005, 08:54 AM

Hi,

I'm seeking assistance under the lemon law in Texas for my Armada for the brake issues. According to Tx law, I qualify under all 3 of their tests (4 attempted repairs in 1 year, serious safety and 30 days in the shop in 12 months). Just curious if anyone has gone through this in Texas.

For those of you elsewhere who might have gotten assistance through Nissan, how were they to deal with? Were they helpful?

I really love a lot of things about this ride, but I've had all kinds of issues (all minor save the brakes) I'm hoping Nissan will just swap me out with an '05.

Any input is appreciated. Thanks!

rrumaner · 01-05-2005, 09:42 AM

The brakes are a TSB issue which would probably negate any Lemon Law you try to use. I wish you luck.

TITANLECC · 01-05-2005, 09:54 AM

I finally got my arbitratin decision yesterday, I won. Nissan was absolutely zero help in getting the issue resolved peacefully via the BBB Auto Line arbitration process. There was many mis-statements and non-truths spoken and I think the arbitrator caught on to all of it. It's not likely that I will ever own any Nissan product again based upon my experience with them. The Service Department personnel were great, it was Nissan that took the "David and Goliath" stance with regard to my issues.

Nissan now has 30 days to contact me and arrange for repurchase of the vehicle. Sorry guys, no replacement for me, I can't stand the thought of having to go through this process again. The BBB Auto Line process was very well run and I felt comfortable that they would make the right decision based upon the facts presented.

markislive78 · 01-05-2005, 09:55 AM

Quote:

Originally Posted by adjmcloon

Hi,

I'm seeking assistance under the lemon law in Texas for my Armada for the brake issues. According to Tx law, I qualify under all 3 of their tests (4 attempted repairs in 1 year, serious safety and 30 days in the shop in 12 months). Just curious if anyone has gone through this in Texas.

For those of you elsewhere who might have gotten assistance through Nissan, how were they to deal with? Were they helpful?

I really love a lot of things about this ride, but I've had all kinds of issues (all minor save the brakes) I'm hoping Nissan will just swap me out with an '05.

Any input is appreciated. Thanks!

Do you think texas has anything like this?

Louisiana's superior law - "lemon law" versus "redhibition".

by Fred A. Pharis, J.D.

I have represented hundreds of consumers in what are commonly referred to as "lemon law" claims. And, Louisiana does have a law that substantially tracks what other states developed in the last thirty or forty years as a set of automobile consumer laws . Many persons who call my office have read up on the Louisiana "lemon law", or have had its provisions often (incorrectly) cited to them by manufacturer's representatives or dealership employees, as they attempt to apply the technical rules of our so-called "lemon law".

Unfortunately, the Louisiana "lemon law" was amended two years ago that lengthens the time that a vehicle must be out of service from thirty to ninety days! This regressive provision was pushed through, I would guess, by a legislator who thinks he's being a friend to manufacturers.

Fortunately, in Louisiana, we have much better set of laws, with bigger "teeth" in it, which is ignored by most manufacturers and dealers, especially when they tell you you have no rights. It is important for you to know about Louisiana's best consumer law, the law of "Redhibition".

Redhibition is a legal term of French root origin which simply means avoidance of a sale on account of hidden defects. It applies to anything you buy. If you buy something that has hidden defects that make the use of it so inconvenient that it must be presumed that you wouldn't have purchaed it had you known of the defects prior to the sale, you may file a claim to "rescind", or undo, the sale, or the court may, or you may request an, award of a reduction, or partial refund, or the purchase price.

The consumer's responsibility in a "redhibition" claim is much less technical than the "lemon law"'s requirements of a certain number of days or repair attempts and proving "nonconformance to an express warranty", whatever that means. Under redhibition, a consumer merely need give notice and a reasonable opportunity to repair to the seller and the manufacturer. In automobile, mobile home, lawmower, boat, and equipment cases, this is fairly easy, since you merely bring it to the seller, who is usually a factory authorized repair facility, so two birds are killed with one stone.

As long as the consumer gives the "reasonable" attempts to repair (notice, no minimum number of times requirement), he or she can file a claim or suit when it's not fixed right. As a practical matter, my office advises consumers to go back to the dealer as long as he is willing to attempt a repair, especially if a vehicle or other item is relatively new. In other words, do not "jump" on a chance for a claim within the first few thousand miles of a vehicles life if the dealer hasn't exhausted his repair remedies. That would be unreasonable.

However, when it's clear that the end of the rope is near, consult an attorney if the repairs have either 1) not fixed the problem, 2) apparenlty fixed the major problem, but there are other problems that cause excessive repairs, or 3) you've been induced to repair and repair again over a long period of time with no end in sight.

Under the redhibition laws, you must merely prove that the item failed to operate in the intended manner during normal use and that you have given the seller and manufacturer notice and reasonable repair attempts. It is that simple. No minimum number of repairs, no minimum days out of service.

So, don't get discouraged and don't let some out of state 800-number corporocrat argue the "lemon law" with you. Stay within the principles set forth in What to do when you buy a lemon in Louisiana, and do the right thing.

Free Claim Evaluation form for Louisiana Lemon Law! (click here)

Email Fred A. Pharis

Fred A. Pharis*Pharis Law Offices*831 DeSoto St.*Alexandria, LA 71301*(318) 445-8266

Go to Pharis Law Offices home page.

Gearman1987 · 01-05-2005, 10:38 AM

Quote:

Originally Posted by rrumaner

The brakes are a TSB issue which would probably negate any Lemon Law you try to use. I wish you luck.

Unfortunately, the brakes being a TSB has nothing to do with invalidating a Lemon Law claim - the brake TSB is just a band-aid in my opinion, especially given the fact that my 2004 Titan was ready for it's 3rd set of rotors at 22,000 miles. The rumor is that Nissan will be recalling the Titan in the spring to hopefully really fix the brakes. In my opinion the Brake TSB is far from a fix and looking around I think you will find others that have had their brakes "patched up" (because "fixed" isn't appropriate) multiple times.

*Titan_TX* · 01-05-2005, 10:43 AM

What happens if you are able to get your car bought back, but if you owe more than your truck was new. Like transfered the amount from your old car to it. What happens with that?

adjmcloon · 01-05-2005, 12:25 PM

In Texas all you have to do to qualify for the lemon law is:

1. Have the vehicle in 4 times within the first year or 12k for the same problem

and/or

2. Have the vehicle in twice for a problem that creates a safety issue with the vehicle (brakes certainly fall in this category)

and/or

3. Have the vehicle in the shop for 30 days (doesn't have to be consecutive) for a repair on the same problem.

At that point, you have to write a letter and send it certified to the manufacturer stating that you are pursuing a lemon law claim. You then have to let them try to fix it one more time. Also you have to pay a $35 filing fee and file a complaint with TXDOT. The filing fee is supposed to be refunded as part of the deal from the manufacturer when the claim is settled.

You then go to a hearing, present your evidence, witnesses, etc. and go from there.

I'm hoping Nissan will step up to the plate and we can settle without all the court stuff, but I'm prepared to go there if need be. Sure does suck, because if it weren't for my many issues (brakes being one of the worst) I would really like this ride.

And I'm in the same boat with being upside down on my vehicle. There is a worksheet where they figure out the value of the vehicle minus your usage of it. On a full claim they have to refund you the price of the car, plus your TTL. I doubt it would include any other balance from the car traded in, but who knows. At any rate all I want is a vehicle without all these problems.

Gearman1987 · 01-05-2005, 12:36 PM

The $6,000 in rebates saved my arse when I unloaded my Titan - that and the generous trade in price they gave me for the Titan - I'm glad I didn't have to go the Lemon Law route - other than the brake issue my other problems were minor at best I suppose - more annoying than anything else.

jmacougar · 01-05-2005, 01:05 PM

Quote:

Originally Posted by adjmcloon

And I'm in the same boat with being upside down on my vehicle. There is a worksheet where they figure out the value of the vehicle minus your usage of it. On a full claim they have to refund you the price of the car, plus your TTL. I doubt it would include any other balance from the car traded in, but who knows. At any rate all I want is a vehicle without all these problems.

When I was doing research I was told that the consumer is entitled to 105% of all money paid for the vehicle ... this includes trade-in, down payment and TT&L. There are even situations where you are entitled to the money you've paid for insurance. I don't know how that works though.

From my recent and on-going experience I don't think the decision makers at Nissan Corporate give a crap about the consumer and what we think. I don't see why it's so hard to back your product especially when you know that so many people are having problems. I'm surprised no one has filed a class-action yet ... if that's even possible.

My service advisor told me that he wants to run and hide every time he sees a Titan drive up.

Gearman1987 · 01-05-2005, 01:22 PM

I don't think the problems are serious enough for a class action suit yet. . . .
But the 350z might be:
http://www.sheller.com/Practice.asp?PracticeID=145
or maybe the Infinti G35 brake problem - sounds familiar:
http://www.lemonlawclaims.com/nissan...***_action.htm

BudmanHemi · 01-05-2005, 01:37 PM

I cant believe you got a buyback for a rotor issue, but i guess its possible since its a safety issue also. My brakes warped at 3k miles. Dodge had a TSB out, and they didnt only replace rotors, but a new type of caliper, and pads. The TSB should have fixed it. I dont know man, Once a TSB is out, they only have months to get there stuff right before the goverment is on there ***. If thats the only problem you had with it, and you liked it. You should have stuck it out. Hell, i dont know i didnt own it. Goodluck with your next purchase