Cali Lemon Law. what to do w/ my G.
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Cali Lemon Law. what to do w/ my G.
This is going to be a long post: Here's the situation... I know I haven't made many posts but most of them were in reply to problems about the car. Love the G 6mt coupe, and I also miss driving the damn thing. I've been stuck in a loaner since the beginning of January. That's almost a month and the car has been in service for several things previous. Here is a break down of my situation:
- From the time I took the car in for the first oil change, I've had problems. Started with rattles and clutch noise. Okay, common things... they said clutch noise was normal for the G and the rattle, although there was a TSB were supposed to be fixed for the '05 and they denied there was any noise.
- The noise from the clutch / engine kept bothering me, it just didn't seem normal. The rattle from the rear 1/4 panel was annoying me like water dripping from a facet. I kept taking it in, and each time they denied there were any problems.
- I started hearing clicking/popping noises from front passenger side suspension. Took it in twice for that, first time they denied any problems, second time I did a "demo" for them. They fixed compression rod.
- Rear end click noise started. Took that in, they fixed.
- After the rear end click fix, the car all the sudden makes spring like noises during braking and I experience loss in brake pressure (from the pedal) during light/normal/semi-hard braking. This concerns me. Take it in, and they say there is no problem.
At this point, I'm pretty much fed up. The 1/4 panel rattle is apparently something only I and my passengers can hear, not the dealer. I still have serious concerns about the clutch and brakes. So I say, one more time. After this I give up and will have to live with the car, too much time and trouble already. So again, they deny anything wrong with the car. I requested another drive along. This time the service foreman rides with me and he acknowledged all three problems.
So I say great, finally... that was a month ago. Since it has been in, they've replaced my clutch assembly twice, but the old one back in and replaced the throw out bearing, had the infiniti engineers come in and look at the car, and still they can't seem to fix it. I don't even know what's going on with the rattle (which I assume is an easy fix) and the brakes.
So, I'm at an impasse... what to do. I've search lemon law on the forums and nobody's actually enacted the law here. Any suggestions, anyone else considering this method. I know that in cali, if the car is in service for >30days or the problem is recurrent w/o fix for 3-4 attempts, you can enact the lemon law (even if in the end it has been corrected) and (there's another law that protects consumers that includes the >30 days out of service stipulation).
I would love my G back, but I just don't have any confidence in the quality of my G anymore. How do I depend on the reliability of a car that's had so many problems? And if I do go the lemon law route, what are my next steps? If I win, then do I get another 6mt G coupe or go to another make. Damn this thing! I finally decide to go with a car I've always wanted (ever since the twin turbo Z, to the new Z, to the G for more practicality) and the first "premium" make and this is what happens. What to do, what to do...
Sorry guys... super long post. I guess it is mostly venting, but any help/suggestions will be appreciated.
- From the time I took the car in for the first oil change, I've had problems. Started with rattles and clutch noise. Okay, common things... they said clutch noise was normal for the G and the rattle, although there was a TSB were supposed to be fixed for the '05 and they denied there was any noise.
- The noise from the clutch / engine kept bothering me, it just didn't seem normal. The rattle from the rear 1/4 panel was annoying me like water dripping from a facet. I kept taking it in, and each time they denied there were any problems.
- I started hearing clicking/popping noises from front passenger side suspension. Took it in twice for that, first time they denied any problems, second time I did a "demo" for them. They fixed compression rod.
- Rear end click noise started. Took that in, they fixed.
- After the rear end click fix, the car all the sudden makes spring like noises during braking and I experience loss in brake pressure (from the pedal) during light/normal/semi-hard braking. This concerns me. Take it in, and they say there is no problem.
At this point, I'm pretty much fed up. The 1/4 panel rattle is apparently something only I and my passengers can hear, not the dealer. I still have serious concerns about the clutch and brakes. So I say, one more time. After this I give up and will have to live with the car, too much time and trouble already. So again, they deny anything wrong with the car. I requested another drive along. This time the service foreman rides with me and he acknowledged all three problems.
So I say great, finally... that was a month ago. Since it has been in, they've replaced my clutch assembly twice, but the old one back in and replaced the throw out bearing, had the infiniti engineers come in and look at the car, and still they can't seem to fix it. I don't even know what's going on with the rattle (which I assume is an easy fix) and the brakes.
So, I'm at an impasse... what to do. I've search lemon law on the forums and nobody's actually enacted the law here. Any suggestions, anyone else considering this method. I know that in cali, if the car is in service for >30days or the problem is recurrent w/o fix for 3-4 attempts, you can enact the lemon law (even if in the end it has been corrected) and (there's another law that protects consumers that includes the >30 days out of service stipulation).
I would love my G back, but I just don't have any confidence in the quality of my G anymore. How do I depend on the reliability of a car that's had so many problems? And if I do go the lemon law route, what are my next steps? If I win, then do I get another 6mt G coupe or go to another make. Damn this thing! I finally decide to go with a car I've always wanted (ever since the twin turbo Z, to the new Z, to the G for more practicality) and the first "premium" make and this is what happens. What to do, what to do...
Sorry guys... super long post. I guess it is mostly venting, but any help/suggestions will be appreciated.
#2
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i hope you have all your paperwork. Sounds like a lot of trouble. The lemon law here in CALi is pretty strict though. It usually only occurs for severe serious problems that weren't able to be fixed. If I were you, and you were dead serious about the lemon law, then just go consult a lawyer and see if you actually have a case. They should be able to get your everything you need. But I personally don't think this will qualify for one. It's worth a try though.
#3
Sounds like a stressfull situation. Feel sorry for you mang.
I know my G is nowhere close to perfect, but it does run well, and does not overheat. When I take it in for an oil change I just mention all the issues I have, and some they fix and some like a rear view mirror rattle, they seem not able to fix. The car runs, I try to enjoy it. If it's serious like brakes, keep fighting, but if it's minor I don't know, it's up to you.
Whatever you decide, good luck and try to be positive.
I know my G is nowhere close to perfect, but it does run well, and does not overheat. When I take it in for an oil change I just mention all the issues I have, and some they fix and some like a rear view mirror rattle, they seem not able to fix. The car runs, I try to enjoy it. If it's serious like brakes, keep fighting, but if it's minor I don't know, it's up to you.
Whatever you decide, good luck and try to be positive.
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thanks for the replies...
Yeah, still love the G, but I'll see how this current situation goes.
imalazeeass - so you don't think this will qualify? man, it would be nice if i had a clear cut case. I guess the best thing to do is go to a lawyer and gather my paper work. Hopefully, it'll be back in my hands as good as new or in this case, better than new.
TheKnite - yeah, i'm willing to live with some things too... i've got more patience than most. Trying to stay positive...
Damn, miss driving the 6mt G coupe, even with the problems. I don't really see a comparable car out there if i do decide to go the lemon law way.
Yeah, still love the G, but I'll see how this current situation goes.
imalazeeass - so you don't think this will qualify? man, it would be nice if i had a clear cut case. I guess the best thing to do is go to a lawyer and gather my paper work. Hopefully, it'll be back in my hands as good as new or in this case, better than new.
![Big Grin](https://g35driver.com/forums/images/smilies/biggrin.gif)
TheKnite - yeah, i'm willing to live with some things too... i've got more patience than most. Trying to stay positive...
Damn, miss driving the 6mt G coupe, even with the problems. I don't really see a comparable car out there if i do decide to go the lemon law way.
#5
#6
If you want, you can look at the text of the California Lemon Law. It's California Civil Code Section, 1793.22. (Tanner Consumer Protection Act).
(Go to http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve)
Your situation looks like it would fit into subsection (3).
I think most manufacturers have to list Lemon Law disclosures (depending on your state) on the back of either your owner's manual or somewhere where it discusses your warranty.
If I were you, I would look through the manual and see if I could find that section that discusses it. There should be a 1-800 hotline number.
Fortunately, the Lemon Law here in California is weighted heavily towards the consumer. It isn't that hard to trigger, despite what your dealer or others may tell you. It's just a matter of proving your point and being patient (and don't get angry when you deal with one of Infiniti's representatives).
Like the previous poster stated, make sure you keep all of your paperwork. I would create a timeline of events and keep a tally of how many days your car has actually been out for service. By bringing it to the dealer, you've already satisfied giving the "manufacturer" a reasonable attempt to remedy the complaint.
Also, if the dealer starts d*cking you around, bypass them and call the manufacturer's corporate office. They have a Consumer Affairs office that specifically handles complaints. Just make sure you have all your paperwork handy so you can specify how many times you've brought it in (even though they can easily pull it up on their computers).
Be calm, do your research and most of all be patient. Hiring an attorney can be expensive and I feel it isn't necessary if you can do it on your own.
Buzz me a PM if you need any additional help.
(Go to http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve)
Your situation looks like it would fit into subsection (3).
(3) The vehicle is out of service by reason of repair of
nonconformities by the manufacturer or its agents for a cumulative
total of more than 30 calendar days since delivery of the vehicle to
the buyer. The 30-day limit shall be extended only if repairs cannot
be performed due to conditions beyond the control of the
manufacturer or its agents. The buyer shall be required to directly
notify the manufacturer pursuant to paragraphs (1) and (2) only if
the manufacturer has clearly and conspicuously disclosed to the
buyer, with the warranty or the owner's manual, the provisions of
this section and that of subdivision (d) of Section 1793.2, including
the requirement that the buyer must notify the manufacturer directly
pursuant to paragraphs (1) and (2). The notification, if required,
shall be sent to the address, if any, specified clearly and
conspicuously by the manufacturer in the warranty or owner's manual.
This presumption shall be a rebuttable presumption affecting the
burden of proof, and it may be asserted by the buyer in any civil
action, including an action in small claims court, or other formal or
informal proceeding.
In essence, the previous two sections discuss the same non-conformity while in your situation, it is a recurring issue involving a variety of problems. The "non-conformity" doesn't just have to involve a "dangerous" situation but rather means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee.nonconformities by the manufacturer or its agents for a cumulative
total of more than 30 calendar days since delivery of the vehicle to
the buyer. The 30-day limit shall be extended only if repairs cannot
be performed due to conditions beyond the control of the
manufacturer or its agents. The buyer shall be required to directly
notify the manufacturer pursuant to paragraphs (1) and (2) only if
the manufacturer has clearly and conspicuously disclosed to the
buyer, with the warranty or the owner's manual, the provisions of
this section and that of subdivision (d) of Section 1793.2, including
the requirement that the buyer must notify the manufacturer directly
pursuant to paragraphs (1) and (2). The notification, if required,
shall be sent to the address, if any, specified clearly and
conspicuously by the manufacturer in the warranty or owner's manual.
This presumption shall be a rebuttable presumption affecting the
burden of proof, and it may be asserted by the buyer in any civil
action, including an action in small claims court, or other formal or
informal proceeding.
I think most manufacturers have to list Lemon Law disclosures (depending on your state) on the back of either your owner's manual or somewhere where it discusses your warranty.
If I were you, I would look through the manual and see if I could find that section that discusses it. There should be a 1-800 hotline number.
Fortunately, the Lemon Law here in California is weighted heavily towards the consumer. It isn't that hard to trigger, despite what your dealer or others may tell you. It's just a matter of proving your point and being patient (and don't get angry when you deal with one of Infiniti's representatives).
Like the previous poster stated, make sure you keep all of your paperwork. I would create a timeline of events and keep a tally of how many days your car has actually been out for service. By bringing it to the dealer, you've already satisfied giving the "manufacturer" a reasonable attempt to remedy the complaint.
Also, if the dealer starts d*cking you around, bypass them and call the manufacturer's corporate office. They have a Consumer Affairs office that specifically handles complaints. Just make sure you have all your paperwork handy so you can specify how many times you've brought it in (even though they can easily pull it up on their computers).
Be calm, do your research and most of all be patient. Hiring an attorney can be expensive and I feel it isn't necessary if you can do it on your own.
Buzz me a PM if you need any additional help.
#7
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Cerr and espcially Flipper - thanks for the advise and the info. I will do give it a go by myself at first and see how it goes. Doesn't the lemon law state that all legal fees are also included in the settlements to help protect the consumer against big corporations. I think I read that somewhere.
Will let you guys know how it goes with the repairs and if I do persue this or not.
Thanks again guys... and Flipper, i just might take you up on your offer, from the sounds of it, you sound like you know what your talking about and it may look like sound advice will come in handy.
Will let you guys know how it goes with the repairs and if I do persue this or not.
Thanks again guys... and Flipper, i just might take you up on your offer, from the sounds of it, you sound like you know what your talking about and it may look like sound advice will come in handy.
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#8
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Here is an update...
Spoke to a cali lemon law lawyer... well at least by email with all the details of my situation. They stated they can not prove that I was put out by the problems. All due to the fact that i have more miles on my car than the average 15K miles per year. I can pursue a lawsuit for inconveniences due to the services.
Current status of the car... they say they fixed the clutch problem. No more noise, no more hydraulic problems. But the braking problem i reported was found during one of the test drives by the shop foreman. So they said i need a new ABS sensor for one of the wheels. The problems seems to be due to a faulty sensor and the ABS kicking in. Wouldn't know really, never activated my ABS in any situation. So, I'm still in the loaner for another 1/2 week.
I can say i'm getting used to driving a 4 door auto... but find myself looking at the coupes like before i owned one. Auto is convenient, but if it were up to only my considerations, i will get the mt every time. And i drive through 2+ hrs of L.A. traffic every day.
All in all... i just want my damn car back, fixed, and in one piece. One upside may be that it could feel like it did when i first got my coupe, getting used to everything again and getting reacquainted with my 6mt.
Spoke to a cali lemon law lawyer... well at least by email with all the details of my situation. They stated they can not prove that I was put out by the problems. All due to the fact that i have more miles on my car than the average 15K miles per year. I can pursue a lawsuit for inconveniences due to the services.
Current status of the car... they say they fixed the clutch problem. No more noise, no more hydraulic problems. But the braking problem i reported was found during one of the test drives by the shop foreman. So they said i need a new ABS sensor for one of the wheels. The problems seems to be due to a faulty sensor and the ABS kicking in. Wouldn't know really, never activated my ABS in any situation. So, I'm still in the loaner for another 1/2 week.
I can say i'm getting used to driving a 4 door auto... but find myself looking at the coupes like before i owned one. Auto is convenient, but if it were up to only my considerations, i will get the mt every time. And i drive through 2+ hrs of L.A. traffic every day.
All in all... i just want my damn car back, fixed, and in one piece. One upside may be that it could feel like it did when i first got my coupe, getting used to everything again and getting reacquainted with my 6mt.
![Cool](https://g35driver.com/forums/images/smilies/cool.gif)
#9
This is a situation with my buddy in state of washington with a subaru dealer.
He started heaving engine problems (engine management system) took it to the dealer several times and it did not help. So basically car spent more then 30 day sitting at dealership. So when he told them about lemon law first then were not scared or concerned at all, but when he mentioned that he'll complain to SUBARU about their dealership, they sold him 06 wrx for same money he bought his 05 (23000) and got him a same payment.
Apparently all the dealerships are being rated by the factory and if you got too many complains then they do not ship allot of good cars to that location. At least that is how it works her in WA with subaru.
So I think you got a pretty good chance to exercise a lemon law, just make sure you talk to the right person at the dealership, and talking to the lawyer before that would defiantly help.
Good Luck
He started heaving engine problems (engine management system) took it to the dealer several times and it did not help. So basically car spent more then 30 day sitting at dealership. So when he told them about lemon law first then were not scared or concerned at all, but when he mentioned that he'll complain to SUBARU about their dealership, they sold him 06 wrx for same money he bought his 05 (23000) and got him a same payment.
Apparently all the dealerships are being rated by the factory and if you got too many complains then they do not ship allot of good cars to that location. At least that is how it works her in WA with subaru.
So I think you got a pretty good chance to exercise a lemon law, just make sure you talk to the right person at the dealership, and talking to the lawyer before that would defiantly help.
Good Luck
#10
#11
Hey, I have a 06' 5AT, and there are a few things wrong with it. For one something is wrong with my brakes. every once in a while it makes noise. im guessing its my brake pads hitting the roter. The weird thing is that the noise happens when im driving not when im braking.....Anyways another problem is that my radio screen is blurry(not navigation screen). My last problem is that my rear spoiler light doesnt work. I got it installed about 2 weeks after i got my car and it hasnt worked since. Infiniti keeps telling me to come back every week that i go. I am really starting to get irritated. So dont worri i feel your pain.
#12
Originally Posted by WYSIWYG
Here is an update...
Spoke to a cali lemon law lawyer... well at least by email with all the details of my situation. They stated they can not prove that I was put out by the problems. All due to the fact that i have more miles on my car than the average 15K miles per year. I can pursue a lawsuit for inconveniences due to the services.
Current status of the car... they say they fixed the clutch problem. No more noise, no more hydraulic problems. But the braking problem i reported was found during one of the test drives by the shop foreman. So they said i need a new ABS sensor for one of the wheels. The problems seems to be due to a faulty sensor and the ABS kicking in. Wouldn't know really, never activated my ABS in any situation. So, I'm still in the loaner for another 1/2 week.
Spoke to a cali lemon law lawyer... well at least by email with all the details of my situation. They stated they can not prove that I was put out by the problems. All due to the fact that i have more miles on my car than the average 15K miles per year. I can pursue a lawsuit for inconveniences due to the services.
Current status of the car... they say they fixed the clutch problem. No more noise, no more hydraulic problems. But the braking problem i reported was found during one of the test drives by the shop foreman. So they said i need a new ABS sensor for one of the wheels. The problems seems to be due to a faulty sensor and the ABS kicking in. Wouldn't know really, never activated my ABS in any situation. So, I'm still in the loaner for another 1/2 week.
Like the previous poster said, sometimes dealerships are more afraid of corporate then the threats of invoking the lemon law.
As for the attorney you contacted, was he someone who specialized in California Lemon law claims?
#13
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Sorry guys... been busy waiting for and finally driving my car, trying to find out if everything is fixed. Just got the car back on Saturday.
So far, brakes are fixed. Clutch feels more solid, not as much vibration, still slight rattle noises during up shifts, but such an improvement. But i will hold judgement until i put some miles on the new clutch. Rear quarter panel rattle still there.
Unfortunately, taking the car back in for the 1/4 panel noise and getting the rash marks fixed on my rims. Noticed my rear wheel was flat and had scratches on the lip as well as paint chips and scratches on both door panels. Weren't there when i dropped it off.
Who is the right person to talk to at the dealer? I really love the G and wouldn't mind getting the deal like Joker's friend.
Flipper: Haven't contacted the big wigs yet. Wanted to see how things actually turned out with the car first. The lemon law lawyer i contact specializes only in California lemon law. I actually saw a news clip of this Cali lemon law firm in San Diego. They have an office in Glendale as well. I contacted them.
FAST1: Looked into all possibilities, including trades and selling. Too much money lost. Great residual value, but i will still loose ~8K+ due to my high mileage if i sell. Plus, who wants to take a car with a service record like mine? 2 full pages of attempted and fixed issues under warranty... and still pending. Plus all the dings and scratches the dealer service dept. put on the car.
Also, if lemon law determined, i don't pay any legal fees, Nissan does, and it is contingent on case win with most lawyers.
Thanks to all again for your feedback. And for reading through my long winded posts.
So far, brakes are fixed. Clutch feels more solid, not as much vibration, still slight rattle noises during up shifts, but such an improvement. But i will hold judgement until i put some miles on the new clutch. Rear quarter panel rattle still there.
Unfortunately, taking the car back in for the 1/4 panel noise and getting the rash marks fixed on my rims. Noticed my rear wheel was flat and had scratches on the lip as well as paint chips and scratches on both door panels. Weren't there when i dropped it off.
Who is the right person to talk to at the dealer? I really love the G and wouldn't mind getting the deal like Joker's friend.
Flipper: Haven't contacted the big wigs yet. Wanted to see how things actually turned out with the car first. The lemon law lawyer i contact specializes only in California lemon law. I actually saw a news clip of this Cali lemon law firm in San Diego. They have an office in Glendale as well. I contacted them.
FAST1: Looked into all possibilities, including trades and selling. Too much money lost. Great residual value, but i will still loose ~8K+ due to my high mileage if i sell. Plus, who wants to take a car with a service record like mine? 2 full pages of attempted and fixed issues under warranty... and still pending. Plus all the dings and scratches the dealer service dept. put on the car.
![Mad](https://g35driver.com/forums/images/smilies/mad.gif)
Thanks to all again for your feedback. And for reading through my long winded posts.
![Big Grin](https://g35driver.com/forums/images/smilies/biggrin.gif)
#14
Looked into all possibilities, including trades and selling. Too much money lost. Great residual value, but i will still loose ~8K+ due to my high mileage if i sell. Plus, who wants to take a car with a service record like mine? 2 full pages of attempted and fixed issues under warranty... and still pending.
The quality problems that you have experiienced are rare and it's unlikely that you would experience them again if you boght a new G35. If I were you, I'd talk to your Dealer's Sales Manager, and see if you could work out a good deal for a new G. You may find a very sympathetic Manager, who will be willing to go the extra mile to accomodate a dissatisfied customer. Just be realistic about what your car is worth. Go to KBB and see what it's worth based on your mileage. Also, I would hope that the Dealer would sell you the new car for either his cost or just a couple hundred over his cost.
The quality problems that you have experiienced are rare and it's unlikely that you would experience them again if you boght a new G35. If I were you, I'd talk to your Dealer's Sales Manager, and see if you could work out a good deal for a new G. You may find a very sympathetic Manager, who will be willing to go the extra mile to accomodate a dissatisfied customer. Just be realistic about what your car is worth. Go to KBB and see what it's worth based on your mileage. Also, I would hope that the Dealer would sell you the new car for either his cost or just a couple hundred over his cost.
#15
carlemon.com
I found this website while doing a search on ask.com. It will give all the stipulations and statuates about the lemon law in your state. The website is www.carlemon.com. This whole situation just sucks to begin with. I hope none of this happens when I get my g. You might want to consider even getting an attorney.
Hope this helps,
Kevin
Hope this helps,
Kevin