DEAR SUZANNE
By Suzanne Henderson
LETTER 15 – May 2022 | Trading in Doubt from Daly City
I Don’t Want To Drive A Nissan Again But They Say It’s My Only Option
Dear Suzanne,
I have a 2020 Nissan Kicks that I purchased brand new. I’ve only had it a bit – it’s at 18,000 miles now – and it has so many problems I feel like I could write a book on it.
First, at 3,000 miles, there was a strange squeaky rattling noise whenever I pressed down on the brakes or the gas. I took it back to the dealership, but they weren’t able to find anything wrong with it. 500 miles later, the check engine light would not turn off, the brake lights wouldn’t turn on, and the transmission began hesitating whenever I shifted gears.
Then at 5,100 miles I had to bring it in for the third time. This time, the car was pulling to the right whenever I accelerated. I wasn’t able to drive on the highway for fear the car would pull me into another lane whenever I tried to merge.
The fourth time, I had to have it towed to the dealership. I was going 60 mph on the highway when suddenly it cut to 15 mph and I ended up on the side of the road. I had lost power while I was driving and all of the lights, inside and out, were flashing. I had no control over the car and it was absolutely terrifying. This time the service department at the dealership replaced the battery and reset the computer sensors. The technician said the problems were because I didn’t drive the car often enough, which didn’t make sense to me because while I may not drive it constantly, I still use the vehicle regularly, despite not feeling it’s safe to drive.
It was at this point that the dealership offered me a trade; they would replace my problematic Kicks with another one. I told them in no uncertain terms that I never wanted to drive another Nissan again as long as I lived. Between the brakes, lack of acceleration, and pedal problems, I’ve narrowly avoided a few accidents that could’ve been much worse. There is no way I would trust my life, or that of other drivers on the road, to another one of these vehicles. The dealership said that was my only option, unless I wanted to keep the one I currently own.
A friend of mine told me that dealerships will usually offer a trade-in like this when the car is considered a lemon as an attempt to avoid a potential lawsuit. Since they made this offer, does that mean my car would qualify for a lemon law claim, or are they right in saying that I have no other alternatives than to trust my safety to another Nissan?
Trading in Doubt from Daly City
Watch: Nissan Lemon Law Buyback Demystified: Vital Information You Need
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You Do Have Other Settlement Options For That Lemon
Dear Trading,
Definitely do not accept the dealership’s trade-in offer! Your friend is quite right that dealerships will offer you a replacement vehicle as a way of keeping you in your lease while not having to deal with the hassle of a lemon law claim.
California is a very consumer friendly state and the lemon law is clear on manufacturer’s and dealer’s obligations to you as a customer. The key obligation is that they guarantee you a safe and operable vehicle, which clearly you haven’t received. By offering you the trade-in, they’ve acknowledged that your Nissan has serious issues that they are unable to rectify, and thus, can’t hold up their end of the bargain. You, on the other hand, have held up your end by giving the dealership the opportunity to attempt to repair these issues.
Under California’s lemon law, the dealership must be allowed to attempt repairs at least twice for a single issue or thrice for multiple issues. Since you’ve needed to bring it in four times during your first 18,000 miles, you’ve definitely hit and exceeded the minimum requirements. It’s clear your Nissan is not safe or operational and, as such, would qualify for the lemon law.
Now, while a vehicle replacement is one of the three settlement options you could get in a lemon law claim, it is my least recommended. As you said, you don’t trust Nissan vehicles after this experience and there’s always the possibility of receiving another defective vehicle as a replacement, which you would not be able to file a lemon law claim for. That is not going to help you.
Instead, I would recommend that you speak with a knowledgeable lemon law attorney. They’ll be able to guide you through the process, let you know what documentation you will need to prove your claim, and which outcome would be best for you. The best part? Because California is so consumer friendly, the manufacturer is actually responsible for your legal fees when you file a lemon law claim, so it won’t cost you anything out of pocket.
It’s likely that your lemon law attorney will recommend a vehicle buyback as your best settlement option. This is where the manufacturer repurchases the vehicle from you and refunds the costs you’ve put into the car, such as the down payment, monthly payments, taxes, and other fees. By taking this route, you will be able to walk away from your problematic Kicks with no obligations to Nissan and start fresh with a different vehicle, if you so choose. The only thing Nissan can hold back from your settlement is something called the Mileage Offset, which accounts for the time you were able to drive the car without any issues. In your case, that’s only 3,000 miles and your attorney will do their best to have that waived.
More information about the Nissan Buyback Process on this page.
So what you need to do now is gather up the documentation from each of your repair visits, as well as any communications you may have with the dealership regarding the trade-in offer, and call a knowledgeable lemon law attorney today.
Suzanne
Free Legal Advice About Your 2020 Nissan Kicks Claim
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about California’s lemon law protections here, fill out the form on this page, or give us a call at (323) 553-7525 to discuss your situation with someone who understands how frustrating it can be to have a lemon car, and what to do about it.
DEAR SUZANNE is a weekly column written by Suzanne Henderson and published in LemonLawyers.ORG. If you have a defective lemon vehicle and have questions about California Lemon Law or how to file a claim in California, please write to [email protected]. While not guaranteed, we will try to feature your letter in this column to provide you the answers you need, as well as enlighten other consumers who may have lemon problems similar to yours.
Disclaimer: Suzanne Henderson is not a lawyer and the points discussed here are intended for general information and reference purposes only and not to be construed as legal advice. Please consult a California lemon law attorney to get proper legal advice about your lemon law claim.
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Featured Image: 2020 Nissan Kicks © BoxZa Racing Channel (CC BY 3.0)