Owning a car with persistent defects is a frustrating experience. If you had planned a road trip with your family, a lemon car will most likely disappoint you. If it has a persistent transmission problem, it may fail to engage gears, making it undrivable.
In addition to irritating mechanical defects, lemon vehicles trigger additional running costs. If your Nissan stalls in the middle of the highway, you’ll incur towing charges, pay a hotel, or hire an Uber to take you home.
Many manufacturers, including Nissan, buy back vehicles to show goodwill to their customers or reward loyalty. Unfortunately, buyback programs are limited and barely touch the surface of its customers’ issues.
On the contrary, California lemon laws protect any consumer who accidentally buys a vehicle with persistent defects that an automaker has failed to fix. If you want a buyback for your defective Nissan, consider speaking to an experienced lemon law attorney.
Many automakers issue recalls to resolve technical and safety defects affecting their customer base. The good thing about recalls is that they’re not controversial and involve a quick repair trip to the dealership.
Unfortunately, after a recall repair, some vehicles encounter the same problems. You may therefore need a buyback if the reported mechanical issue is not solved. Recalls may also indicate problematic cars in the market to avoid.
Here is the famous Nissan recalls:
On June 17, 2023, Nissan issued a recall potentially affecting 66,159 vehicles. The recall targeted specific 2018-2023 LEAF that may accelerate unintentionally, increasing the crash risk.
According to the notice, the vehicle may accelerate unintentionally once the driver changes the driving mode from(‘’D to B’’, ‘’ECO’’ and e-Pedal Mode) after disengaging the cruise control. The dealers were instructed to reprogram the Vehicle Control Module(VCM) free of charge.
On February 10, 2023, issued a recall notice named ‘’Driver’s Side Airbag Cover Emblem May Detach.’’ The detached emblem may turn into a projectile during airbag deployment, increasing the risk of injury to the vehicle occupants.
The driver’s airbag cover emblem may develop cracks and detach during deployment.
That said, Nissan North America Inc recalled certain vehicles of the following Nissan models:
Nissan Instructed the dealers to replace the driver’s airbag cover.
On February 2023, Nissan issued a recall dubbed ‘’Steering Wheel May Detach From Steering Column.’’According to the notice, a steering wheel with a missing or loose bolt can separate from the steering column, which may cause a loss of steering control, increasing the risk of a crash.
The probable cause of the defective steering is a steering wheel bolt that was not tightened correctly.
As such, Nissan issued a recall affecting certain 2023 Nissan Ariya, potentially affecting 1063 units.
On September 15, 2022, Nissan issued a recall named ‘’Loss of Power Steering Assist’’ potentially affecting 20,000 units. Unfortunately, the power steering loss demands extra effort, mostly at low speeds, which increases the risk of a crash.
The recall targeted specific Nissan 2021 Versa and Kicks vehicles. An irregular power connection in the electric power steering torque sensor may turn off the power steering assist. The automaker instructed the dealer to inspect the steering torque sensor code and replace it if necessary.
On November 2019, Nissan issued a recall named ‘’ Brake Fluid Can Leak into ABS Pump and Ignite.’’ Once the brake fluid leaks into the circuit board, it may cause an electric short, increasing the fire risk.
Here’s a list of the affected vehicles:
The automaker instructed the dealers to replace the ABS actuator free of charge. The automaker also advised vehicle consumers to exercise caution. If the ABS light remains on for more than 10 seconds after starting the engine, park the vehicle outdoors, away from cars and structures, and avoid driving.
Unlike Nissan’s Manufacturer buyback, California lemon laws cover new and used vehicles with the manufacturer’s new vehicle warranty.
Nissan vehicles covered by lemon laws include:
If the manufacturer can’t repair a significant warranty defect after a reasonable number of repair attempts, the manufacturer must either:
Whenever there is a buyback claim, a question arises about whether a manufacturer made a ‘’reasonable number’’ of repair attempts. In addition, consumers should inform an automaker about a persistent defect.
Once the consumer informs the manufacturer about the defect, they should give them a reasonable window of opportunity to fix it. A fair number of repair attempts depends on the case’s circumstances and the defect’s severity.
If the defects endanger the safety of passengers and drivers, the manufacturer has a few weaknesses—up to two attempts. Manufacturers are allowed more attempts for general faults that annoy and reduce the vehicle’s functionality.
More importantly, manufacturers have a limited time frame, which means a consumer can file a lemon claim if the vehicle spends more than a month in a repair shop.
Ultimately, no number determines a reasonable number of repair attempts. However, California lemon law presumption offers the following guidelines when choosing if a manufacturer has made a ‘’reasonable number’’ of repair attempts:
California lemon law presumption applies to a vehicle bought in California with a defect that occurred within 18,000 miles or the first 18 months— whichever comes earlier.
The guidelines of a ‘’reasonable number’’ of repair attempts is a mere direction when determining lemon law cases. The ultimate decision on whether a manufacturer had a reasonable window lies with a judge or arbitrator.
In addition, most manufacturers claim they were denied a fair opportunity to fix the defect. With that in mind, consider hiring a lemon law attorney to represent your interest in the claim and defend you.
A Nissan is considered a lemon if it has substantial defects that affect its value, use, and safety. More importantly, the car should have come with a warranty. A vehicle defect doesn’t have to make the vehicle undrivable; even so, it should create a significant impact.
Here’s how defects impair vehicles:
Any defect that endangers the safety of a passenger or a driver may be considered a lemon vehicle.
Here are examples of defects that impair vehicle safety:
A vehicle defect can impact the use of a vehicle affecting its efficiency, performance, and functionality. If you bought the car to transport work materials across California, a persistent defect could make it less reliable for long distances.
Here’s how vehicle defects impair vehicle use:
A defect can impair the value of a vehicle in the following ways:
While most defects are eligible for California lemon law protection, there are exceptions, including:
Pursuing a refund or replacement under California lemon law is advisable if you’re stuck with a defective vehicle. The success of your case also depends on the knowledge of the claim process.
Here’s what you need to file a strong claim:
Once you notice a persistent defect in your vehicle, take it to an authorized dealer for repairs. It is also essential to give the dealer a ‘’reasonable number’’ of repair attempts to fix the defect.
The success of your lemon law claim is directly related to the available evidence against the automaker. Your attorney will require different types of documentation, including repair orders, repair invoices, manufacturer’s warranty, original sale or lease documents, and any correspondence with the manufacturer.
You will require the assistance of a lemon law attorney before and during the claim processing process. First, the attorney will assess the case’s merits and determine if it is worth pursuing a buyback. In addition, the attorney will offer you legal direction and strategy to approach your claim. More importantly, the attorney will pursue the matter in court if you cannot agree on a settlement amount with the manufacturer.
If you accidentally bought a defective Nissan, it will affect many of your personal and business errands. In addition, some defects like service brakes, airbags, or engine defects may expose you to road accidents.
With that in mind, you deserve to be represented by an experienced and knowledgeable lemon law attorney to maximize your buyback settlement.
LemonLaw123’s lead attorney Valerie G. Campbell has a 99% success rate, giving us the confidence to represent our clients.
Contact us online or call us at 657.529.5239 for a free case review.