DEAR SUZANNE
By Suzanne Henderson
LETTER 9 – May 2022 | Confused in Calabasas
2022 Nissan Rogue Check Engine Light Issue
Dear Suzanne,
I just bought a brand new 2022 Nissan Rogue a few weeks ago. Not even a full week after I bought it, I noticed the check engine light came on, so I took it to the Nissan dealership. They had it in the shop for a week, but weren’t able to duplicate the problem, so they said nothing was wrong with it.
I’ve only had it back from them about a week when the check engine light started coming on again. I took it back to the dealership this week, and again, they couldn’t find a problem. When I started asking what they planned to do to fix this, they told me to call Nissan and make a formal complaint or hire an attorney. I was astounded. I’ve only asked them to look at it a couple times and now, all of a sudden, I need an attorney?
The car is brand new, only 650 miles on it. I’ve only needed to make one payment so far, but I don’t know if I can afford an attorney, or even what I need the attorney for. Can you tell me what I should do?
Confused in Calabasas
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Lemon Law Presumption Period
Dear Confused,
I’d be happy to clarify this for you. While it might not seem it, the technician at the dealership was giving you good advice by recommending you hire an attorney. Unfortunately, every manufacturer produces a percentage of defective lemon vehicles each year that, try as they might, technicians will not be able to repair.
Filing a formal complaint with the manufacturer is not the best way to resolve your complaint. The manufacturer has a vested interest in not giving you anything, be it compensation, a replacement vehicle, or even a fair shot at arbitration. When you file a formal complaint with Nissan, you have the option to enter into arbitration with the manufacturer. This means a third party will review your complaint and Nissan’s counterarguments and decide whether your vehicle is worth compensation or not. Unfortunately, these mediations tend to sway in the favor of the manufacturer and may not solve your problem.
But, let me let you in on a little secret. Your vehicle is still within what we call the lemon law presumption period. This time frame begins when you purchase the vehicle and lasts for the first 18 months or 18,000 miles of your vehicle’s life. During this period, if a vehicle meets any ONE of the following conditions, it is automatically presumed to be a defective lemon in the eyes of the law:
- At least two repairs were made to your vehicle for a critical safety defect that may cause serious bodily injury or death;
- At least four repairs were done on your vehicle for a singular defect that is deemed a non-serious safety defect or issue;
- The vehicle was kept in the repair shop and out of service for at least 30 days (cumulative) for any combination of defects or issues.
Where you only have 650 miles on the Rogue, that is incredibly early for any issues to crop up, even during the presumption period. By taking the vehicle in for repairs twice now, you have fulfilled the first condition and your Rogue can be presumed to be a lemon. You also have lots of room within your manufacturer’s warranty to continue adding repair attempts to your case throughout the claims process.
The technicians at the dealership were right: you do need an attorney. But don’t worry, a skilled lemon law attorney is very affordable – FREE. That’s right, in California, you are not responsible for any attorney’s fees or court costs when you file a lemon law claim, the manufacturer is. Pursuing this will not cost you anything out of pocket. In fact, it might even put money into your pocket.
When a lemon law claim is successful, there are three potential outcomes: a buyback, a cash and keep, or a vehicle replacement. Because your vehicle is having issues so early, keeping it is definitely not recommended, but I would also not recommend a replacement either, since that has just as much likelihood of being another lemon. However, a buyback would be a good option for you. In a buyback, the manufacturer repurchases the vehicle from you, reimbursing you for your down payment, monthly payments, and other costs like taxes. Read more about the Nissan Lemon Law buyback settlement option on this page.
While it does put a damper on the new car experience, at least having issues this early on creates a pretty straightforward claim. Your first step should be to contact a skilled lemon law attorney so that they can begin negotiating with the manufacturer and help guide you through this process. With their assistance, the sourness of this experience will soon wear off.
Suzanne
Free Legal Advice About Your 2022 Nissan Rogue Lemon Law 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 CA Lemon Law or how to file a claim in California, please write to dearsuzanne@lemonlawyers.org. 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 lawyer to get proper legal advice about your lemon law claim.
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