If you’ve ever been in the situation where your Nissan is spending more time in the repair shop than on the road, you’re not alone. Many Nissan owners have complained about serious defects that can’t be fixed. These issues range from CVT transmission failures, faulty brakes, or electrical malfunctions.
If you’ve taken your car for repairs multiple times due to problems like these, you could be dealing with a lemon. If that’s the case, the Nissan Lemon Law helps consumers like you who are stuck with a defective vehicle. Under this law, if your Nissan qualifies as a lemon, you may be eligible for a refund or replacement car.
However, it’s important to note that the process is not always clear and straightforward. In this guide, we’ll walk you through the legal process and discuss the signs that might indicate that your car is a lemon.
Is Your Nissan a Lemon? Know the Signs
The first thing you need to understand is that not every vehicle with problems qualifies as a lemon. For the Lemon Law’s protections to kick in, your Nissan must meet specific criteria. While these requirements vary by state, California has a few you’ll want to be aware of:
First, the problem must be substantial. Typically the lemon law is looking for a defect that impairs the vehicle’s use, value, or safety, such as the following:
- Transmission failures: jerking, stalling, or slipping gears
- Faulty brakes: brake failure or excessive wear
- Electrical system malfunctions: dead batteries, faulty sensors, or warning lights that won’t turn off
- Engine problems: overheating, excessive oil consumption, or sudden power loss
- Defective airbags: either failing to deploy or deploying unexpectedly
Another requirement is that you must give the automaker a reasonable chance to attempt repairs. You can’t declare your car a lemon after the first problem pops up, because the manufacturer deserves an opportunity to fix it. While the number of attempts is not specified, California considers it to be at least 2-4 repair visits for serious issues. Either that, or your car must have been in the shop for a total of 30 days or more.
If your Nissan ticks any of these boxes, you may have a legitimate lemon, and it’s time to take action before it’s too late.
Understanding Nissan’s Warranty as a Lemon Law Requirement
Before filing a claim, you must understand your Nissan’s warranty coverage. Whatever defect affects your vehicle must appear during the warranty period. This is crucial because the warranty covers a specified period during which the dealer repairs all issues affecting the car for free. For Nissan cars, this usually means:
- 3 years or 36,000 miles for the basic bumper-to-bumper warranty, whichever comes first
- 5 years or 60,000 miles for the powertrain (engine, transmission, and drivetrain)
Additionally, if you’re buying a certified pre-owned Nissan, you’ll get whatever remains of the original warranty plus an extension. The exact terms may vary, but you can rest assured of significant coverage. However, for standard used Nissans without certification, your warranty protection might be limited.
According to these requirements, the issues your lemon law claim points to must have been reported while the car was still under warranty. If the defects show up after the warranty expires, Nissan may argue that they are not responsible for fixing the issue.
Don’t be discouraged if you don’t file your claim within the warranty period. As long as the problem started while the vehicle was covered by the warranty, you could still have a claim, even if the warranty has lapsed. That’s why keeping track of repairs and acting quickly is so important, because without evidence, proving your case gets much harder.
Beginning the Nissan Lemon Law Process
When a problem persists despite multiple repair attempts, it’s considered a breach of warranty, which gives you the right to file a claim. Here’s how you can go about it:
Document Your Complaints One Repair at a Time
If your vehicle keeps breaking down, don’t rely on memory to keep track of everything. The manufacturer will only approve a Nissan buy back or replacement if you have solid proof that your car has a serious defect.
Start by saving all repair records, such as service receipts that specify dates, mileage, and repair details, as well as work orders detailing what the mechanic tried to fix. Keep every invoice for the cost of parts and labor, even if covered under the warranty. It also helps to take photos and videos of the problem.
If your transmission jerks or stalls, record it happening. If your dashboard lights up with warning lights, snap a picture. The more evidence you have, the stronger your case will be.
Give the Dealership a Fair Chance to Fix the Problem
The 2014 Nissan Sentra Lemon law requires you to give the carmaker a reasonable attempt to fix the problem before filing a claim. What counts as a reasonable number?:
- Two repair attempts for a serious safety issue, like brake failure or sudden engine shutdown
- Four or more attempts for other defects, like electrical malfunctions or transmission issues
- 30 days or more in the shop for any defect
Make sure you only take your vehicle to a Nissan-authorized dealership for repairs. If you go to an independent mechanic, Nissan may claim you didn’t follow the right process and refuse to repurchase your car.
Demand a Nissan Buyback or Replacement
If the dealership fails to fix the problem, you can demand a buyback or replacement under California’s Lemon Law. A buyback means Nissan will refund your down payment and monthly payments and pay off any remaining loan balance. They will also reimburse repair costs, rental car fees, and towing expenses. However, they may deduct a small usage fee based on how much you drove before reporting the first issue.
A replacement means Nissan will give you a similar vehicle without defects. If you choose this option, make sure the new car is truly free from issues, because you don’t want to end up with another lemon.
Don’t Let Nissan Delay Your Claim
Even if your case is strong, Nissan won’t always be cooperative right away. They may try to argue that your car isn’t a lemon, or offer a low settlement to avoid paying the full compensation you’re owed. Sometimes, they may even drag out the process, hoping you get frustrated and give up. You may have also received a class action lawsuit offer from Nissan. We recommend rejecting it and consulting our help to see if you can get more compensation.
If Nissan tries any of these games, don’t just fold your arms and wait for something to happen. A Lemon law attorney can speed up the process and put pressure on the manufacturer. If you’re worried about legal fees, don’t be. California’s Lemon Law typically has Nissan pay your attorney’s fees, so hiring a lawyer won’t cost you a thing.
File Your Claim Before Your Nissan Becomes a Nightmare
The California Lemon Law gives you up to four years to file a claim, but that doesn’t mean you should wait. Owning a defective Nissan can be endlessly frustrating, but it can also be dangerous, which is why you need to start the process ASAP. Thankfully, the California Lemon Law gives you the right to a refund for your defective vehicle. If you’re not sure how to begin, you can always reach out to the experienced lawyers at Quill & Arrow LLP. Lemon Law’s specialization is their thing, and they can help you track your repair history and demand the compensation you deserve. But you must act fast, because the sooner you file your claim, the better your chance of getting a full Nissan buyback. Reach out today and find out if you have a refund or replacement coming your way!
Media Contact:
Carlo V. DeFalco
Carlo@ecustomsolutions.com
eCustom Solutions