Unless the so-called fixes or improvements were actually performed on your truck I would say your chances are not good.
A judgement like that would set precedence for everyone with a year old truck to get a new one.
I would scratch "improvements". Vehicles are (hopefully) improved every year.
Good Luck

 

The only advice I could offer is to keep your cool during the arbitration. If things do not go you way, keeping your cool may at least get them to investigater further. Ensure that all of the supporting documentation pertains to the so called fixes that were attempted by the dealership(s) and Nissan technical group. Keep to the facts and don't name call or degrade the opposition.

Just my 2 cents

 

Florida has a strong Lemon Law. Why fool around with the BBB and arbitration. BBB is fully funded by member dues and fees. Think about that.

If your problems don't qualify for Lemon Law replacement you can forget about getting anything from a BBB arbitrator, IMO, but good luck to you.

 

Hearsay is not admissable
Don't be intimidated by their lawyers, they will try to scare you and will rattle you.
Keep your answers as short and sweet as possible. When a yes or no will suffice, keep it to that.

 

04-05 titan

Hey My Dealer Just Did Me A Great Deal.
Just Traded My 04 Titan Se 4x2 Dual Exh With 32,000 Miles For A

05 Titan 4x2 Se Bt No Money Down!! 2,000 Rebate

 

04-05 Titan

Who Has Traded There 04 Titan For A 05 Titan

Basic Got The Same Truck But Had More Features With The 05 Than 04.

Told My Dealer Am Tired Of Coming Here For Brake Issues
General Man Said Go Pick Another Titan We Will Deal?
Well I Tried To Stick With Same Vehicle Like My Black Cc.
Price Didnt Jump That Much But For No Money Down I Stol The Chance For And 05 Titan 4x2 Se Polar Package Captain Chairs,limited
Slip Diff, Black Cc, Rear Sonar,bt, Finance For 33,000 With Gold Warranty 5yrs/75,000miles

 

Look at the law for your state, in Cali, it is best to just turn it over to a lawer. Nissan has to pick up the attorney fees and if you have a solid case they will not allow it to go to trial, they will settle instead to keep the costs down. The BBB arbitration is the way Nissan wants you to go, that is why they publish that route in their book that comes with the truck. They know it is better for them.

Another trick that dealers use is to get you in another truck, in many cases you lose on that deal. With Lemon Law, in Cali (check your state) you get back the down payment, all your payments, tax, lic/registration, EVERYTHING. Then you can start over any buy an 06' Titan or anything else you want. Research the law for your state.

Example: lets say you put $5k down and during the time you owed your truck you paid the loan down another $5k, at the end of your case you will have $8-$9k (they will charge you some mileage). Put that down on a fully loaded LE, that you negociated down to lets say $37 OTD with tax. lic. eveything. You are really getting this new truck for $29K (39 - 8).

That makes the deal you got for $33K on a lower model truck not look as good, and this is a common practice the dealers use, to line their pockets.

 

I have been through arbitration 3 times with other manufacturers vehicles. All 3 were bought back. I honestly dont think you have a strong case.

 

I had similar situation, my '04 was a lemon. I harassed the dealer about standing behind his product and just kept on him and after 4 months and jumping through all of Nissans hoops the dealer and Nissan replaced my truck with an '05. Ask your dealer if he stands behind the product he sells and if he does then suggest he offer you a substitution of collateral (SOC). That is how they were able to replace mine. In an SOC you basically get a new truck equal to the one you have and you keep your loan (if applicable). The dealer eats some money and he turns to the manufacturer to recover some money. The paper work is back dated as if you bought that truck first! Take the issue to the highest person at the dealership. That way he can make decisions. This also tells them that you aren't going away, you have to make easier for them to loose a little money than TIME dealing with you. Call you local TV news or take an ad out in the local paper and let everyone know that this dealer is not helping with the product they sold you.


Down side about my situation is that with 1500 miles on it, someone hit-and-ran my truck outside my house. Oh well, so much for a new truck!

 

Thanks for all of the responses. JefeCinco, as far as not going through the BBB for arbitration, Florida law mandates that you must utilize the BBB prior to filing the state for arbitration. Vector, as far as my case, I really haven't divulged the details of my case or what all of the issues are. A few of them are the obvious brakes, then there's also the gas filling problem, rear diff discolored, transmission whine, front diff leaking oil and a host of other goodies. Not to mention that the truck has been out of service nearly 60 days.

 

Well with the truck being out of service for more than 60 days you will have them on one of the 3 points they will be looking for you to cover. You will still have to demonstrate the other 2.

 

Well with the truck being out of service for more than 60 days you will have them on one of the 3 points they will be looking for you to cover. You will still have to demonstrate the other 2.

Vector, in Florida I only have to prove one of 2 points. Out of service => 30 days or that the vehicle has a defect or condition that substantially impairs the use, value or safety of the vehicle. I'm thinkin' that with the out of service and the gas tank spewing gas, I should have a case. I guess I'll have to see, I found out that a former Ford executive will be the arbitrator. :huh:

 

If it is at all possible, try and get Nissan Corporate to do something for you (I know, that's funny, they suck!!!!!). I went through the 800-NISSAN-1 # and was finally put in touch with a Customer Dispute Resolution Specialist who gave me money back on my truck and then gave me a SOC like what bull-dan was talking about.

I had an 04 and after the rear diff broke twice, they gave me the equivalent of 3 payments back. Then after the 3rd time they did the SOC for me. Unfortunately I couldn't go directly through the dealer I bought it from because I just recently moved. However in the end Nissnan did do what was correct.

I know it is very, very frustrating, but make sure you stay patient.

 

About 6 months or so ago another member went through arb. and left an extensive post about the process. I am searching now for the thread and I'll post if I find it. May be helpful.

 

Call you local TV news or take an ad out in the local paper and let everyone know that this dealer is not helping with the product they sold you.

Don't invite a libel suit on yourself. If you go this route be sure to be able to thoroughly document every accusation, although I would not recommend this. This may end up costing you in legal fees defending yourself if the dealership challenges you, even if you're right. Your truck may be the least of your worries...

 

there is a magic word that all these news and media outlets use..."allegedly"