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Old 01-26-2005, 03:47 AM   #1 (permalink)
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Unhappy BBB/Lemon Law in PA

Well, I've finally reached the end of my rope with my brake judder problems. Judder came back for the 4th time at ~13,000 miles. After talking with my dealer service rep. and then calling 1-800-NISSAN-1 I came to the conclusion that my only available option remaining was to initiate a claim with the BBB with hopes of avoiding any kind of legal action. Nissan seems unwilling to work with me to resolve this issue so that I can feel safe when applying the brakes and finally feel like I'm driving a new truck. I get the idea that they are daring me to take this next step, assuming that I, like most people, am not willing to go through the hassles of trying to Lemon Law my vehicle. Well, initially that was the last thing I wanted to do. I am generally a very laid back and easy going guy who would like nothing more than to avoid any kind of hassles or confrontations. Life is too tough as it is without adding any extra stress to it. But, like I said earlier, I have reached the end. I have a 5 year old daughter and 5 month pregnant wife riding in my Titan with me and the absolute last thing I would ever do is put them in any kind of dangerous or compromising position and I just have zero confidence in my brakes. The truck shakes so badly every time I hit the brakes that I am seriously afraid that one of these times they will just fail completely and then, God forbid, someone's gonna get hurt. I have been overly patient and pleasant while trying to resolve this issue with my dealer but it is now clear to me that they are taking me for granted. My service rep. told me that they can only do what Nissan tells them to do, which I think is a load of crap. Whatever happened to troubleshooting so that they can try to fix the problem instead of just covering it up with some band-aid fix that Nissan sent out in the latest and greatest TSB?

So anyway I initiated my claim through the BBB and my wife will be faxing them the paperwork later this morning. They are supposed to contact me within 2 days of when they receive the paperwork so I should know more by Friday. I have pretty much decided that I want Nissan to buy back my '04 LE KC. I don't think I want a replacement because I know they haven't changed anything in the braking system that would assure me that the next truck won't have the same issues. I have no idea how this will turn out but I am willing to see it through until the end of the process and hopefully get some satisfaction. I would prefer that Nissan work with me on this issue (and even told them that!) but they seem unwilling to do so. I will keep everyone updated as the process moves along.

By the way, I've had my truck in the shop approx. 10 times in the last 8 months for various issues (Radio TSB, Seatbelts, Torn leather seat covers, rattles and squeaks, Alignment twice, etc., etc.) and am willing to live with most of them even though I think a $32,000 vehicle should be perfect (regardless of whether it's a first year model or not) but I can't live with failing brakes every 3,000 miles. Sorry, if I sound pissed but that is where Nissan has pushed me to. But I still LOVE THIS TRUCK!
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Old 01-26-2005, 03:52 AM   #2 (permalink)
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brianwzf..........good luck and I hope you get satisfaction very soon. You sound like a reasonable person and protecting your family is #1 no matter how much you love your Titan. Correction----you ARE a reasonable person. Please keep all posted on your progress. Nissan has certainly had over a year to fix the brakes for now over 100,000 Titans..hope they can pull through this one and please all A>S>A>P>!!!! Peace-Tom
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Last edited by Tom Mincarelli; 01-26-2005 at 05:16 AM.
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Old 01-26-2005, 05:09 AM   #3 (permalink)
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Tom, Thanks for your comments. I will keep everyone informed because I know lots of people are having similar problems with their Titans.
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Old 01-26-2005, 05:53 AM   #4 (permalink)
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Brian,

I have done the Lemon Law thing in Pa and have a pretty good understanding of the process and even more so of your frustration, if you have any questions I might be able to help.

A couple of questions. Why did you decide to go the BBB route? If you want to seriously pursue the Lemon Law, get a Lemon Law Lawyer. Though the BBB does a good job they are simply processing a claim and you mean nothing more than the next guy complaining about his blender. With a lawyer, you are in control and can get communication when you want it. Once again, get a Lawyer specialized in Lemon Law. If you do not, plan for a long useless ride, trust me, I know. I went to a friend general practice lawyer to only find out that I knew more about the Lemon Law than he did. I then went to a specialized lawyer and he got the job done flawlessly.

Oh, forgot to mention. Most Lemon Law Lawyers do not charge you anything. They make the manufacturer pay for the Lawyer Fees.

Brake question. Do you tow anything? Are you hard on the brakes? Of all of the posts I've seen on here I cannot seem to find a rhyme or reason why Nissan's are having this problem. Obviously Nissan has a design flaw but why is it only showing up on certain vehicles? Fortunately for me, I have not had this problem but I also know that I drive like a wimp.

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Old 01-26-2005, 07:52 AM   #5 (permalink)
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Trout,

The reason I'm going through the BBB first is because I have to. According to the PA lemon law if the manufacturer has an arbitration process written into their warranty then I must go that route first, before any legal action can be taken. And I'd much rather try and come to an agreement with Nissan instead of suing. But I'm also not willing to compromise very much. We are way past that. They are gonna have to satisfy me! As far as my driving habits, I'm not overly hard on my brakes but I don't baby them either and I've never towed anything. In fact, I don't even have a tow hitch. I've loaded up the bed with wood 2 times to take to the dump but that is it. I appreciate you offering your lemon law experience. If I need any info. or have any questions I'll definitely look you up. Make sure you check back here for updates on my situation.
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