Wednesday, May 28, 2014

SUBARU HEAD GASKET PROBLEMS


SUBARU HEAD GASKET FAILURE

 

 

The Subaru Outback and other models have been experiencing head gasket failure and related engine problems.  Owners may be entitled to compensation for repair costs or loss of use. 

Date Complaint Filed: 05/21/2013
Component(s): ENGINE AND ENGINE COOLING , POWER TRAIN

Date of Incident: 06/18/2012
NHTSA ID Number: 10513068

SUBARU OUTBACK 2008


Manufacturer: Subaru of America, Inc.

Vehicle Identification No. (VIN): 4S4BP62C787...

SUMMARY:

VEHICLE OVERHEATED, DROVE TO NEAREST SERVICE STATION. RADIATOR FLUSHED AND TESTED FOR LEAKS, NONE FOUND. NO OTHER DETERMINATION MADE. CAR OVERHEATING, SLOW COOLANT LOSS. SUBARU DIAGNOSED MAJOR HEAD GASKET FAILURE PROBABLY OCCURRED PRIOR TO 73000 MILES, BUT BEYOND POWER TRAIN WARRANTY. SUBARU HQ DECLINED TO HELP WITH COST CONSIDERING THE SERVICE TECH MGR STATED A 2008 MODEL CAR SHOULD NOT HAVE THIS FAILURE. PREVIOUSLY OWNED 1998 SUBARU OUTBACK WITH SIMILAR GASKET FAILURE SOME TIME AFTER POWER TRAIN WARRANTY EXPIRED. COSTLY REPAIR. *TR
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Date Complaint Filed: 02/12/2012
Component(s): ENGINE AND ENGINE COOLING , POWER TRAIN

Date of Incident: 02/10/2012
NHTSA ID Number: 10447686

SUBARU OUTBACK 2008

Manufacturer: Subaru of America, Inc.

Vehicle Identification No. (VIN): 4S4BP61C287...

SUMMARY:

VEHICLE STARTED RUNNING BIT ROUGH WHILE IDLING AT INTERSECTION; UPON ACCELERATION, CHECK ENGINE LIGHT AND OTHER INSTRUMENT LIGHTS STARTED FLICKERING AND CAR STALLED. RESTARTED NORMALLY. *TR

applicable terms Subaru engine failure, problem, defect, claim, recall.  
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Date Complaint Filed: 04/28/2011
Component(s): ENGINE AND ENGINE COOLING

Date of Incident: 08/10/2010
NHTSA ID Number: 10398135

SUBARU OUTBACK 2008
     
Manufacturer: Subaru of America, Inc.

Vehicle Identification No. (VIN): 4S4BP61C387...

SUMMARY:

MY CAR ENGINE STALLS IN THE MIDDLE OF THE ROAD WHILE DRIVING AND WHILE MAKING A LEFT TURN IN A SIGNAL, WHILE WAITING ON THE RED LIGHT AND WHILE STOPING AND IDLING AT THE PARKING LOT. WHEN THIS ISSUE HAPPENS ALL THE LIGHTS IN THE DASH LIGHTS UP AND THE STEERING WHEEL BECOMES LOCKED. THIS ENGINE STALLING ISSUE HAPPENS RANDOMLY. SOME TIMES EVERY DAY IN A WEEK, 2 DAYS IN A WEEK OR 3 DAYS IN A WEEK. SOME TIMES THE ENGINE STALLS MORE THAN 10 TIMES IN A DAY. IN ORDER TO CORRECT THIS ISSUE, I TOOK MY CAR TO SUBARU DEALERSHIP AND EXPLAINED THE SERVICE TECHNICIAN THE PROBLEM. FIRST TIME, I WAS ASKED TO LEAVE MY CAR AT THE DEALER SHIP OVERNIGHT TO SEE IF DEALER CAN RECREATE THE PROBLEM. DEALER TOLD ME HE COULDN'T RECREATE THE ISSUE. SECOND TIME, DEALER FOUND CHECK ENGINE LIGHT ON AND USED THE DIAGONSTIC TOOL TO FIND OUT THAT MASS AIR FLOW SENSOR IS BAD AND REPLACED IT. BUT THIS DIDN'T FIX THE PROBLEM. THIRD TIME I CONTACT SUBARU CUSTOMER SERVICE AND EXPLAINED THE ISSUE. SUBARU CUSTOMER SERVICE ASKED ME TO TAKE MY CAR TO THE DEALERSHIP AGAIN. I TOOK MY CAR TO DEALERSHIP AND LEFT IT THERE FOR 2 DAYS. ON THE THIRD DAY, DEALER SAID THE BATTERY WAS BAD AND REPLACED THE BATTERY AND SAID HE COULDN'T REPRODUCE THE ISSUE. WHEN I TOOK THE CAR BACK FROM THE DEALERSHIP ON THE THIRD DAY, WITHIN FEW HOURS MY CAR ENGINE AGAIN STALLED. THIS TIME I TOOK THE VIDEO OF THE ISSUE. I CONTACTED THE SUBARU CUSTOMER SERVICE AND EXPLAINED WHAT WAS HAPPENING AND I WAS TOLD THAT DEALER CANNOT FIX THE ISSUE UNLESS HE CAN RECREATE THE ISSUE. SO I TOOK MY CAR TO SUBARU DEALERSHIP MORE THAN 3 TIMES, SPENT MORE THAN $1000 FOR PARTS, LABOR AND CAR RENTAL AND STILL THE PROBLEM IS NOT FIXED. ACTUALLY IT IS GETTING WORSE DAY BY DAY. *TR

.  

Tuesday, May 20, 2014

Ebay automobile fraud

                        EBAY AUTOMOBILE FRAUD

     Automobile fraud is a serious problem on Ebay.  People purchase cars for 10, 15, or even $25,000 and find they are not as represented.   Some reasons for this fraud:
            1) In a standard used car purchase, the buyer inspects, tests, and drive the vehicle.  On Ebay buyers may rely upon the seller's representation of quality.

            2) Many transactions are done across state lines giving the seller a false sense of security.  The buyer can't do anything, he's 1,500 miles away.  In fact, many of the cases we file in New Jersey are for out-of-state purchasers.


            3) A seller can have false reports of quality.  For small transactions, that does not make sense.  However, a cagey used car dealer could sell 10 items for $20.00 online, provide exemplary service to secure a good rating so it can sell a damaged vehicle for $15,000, 


            4) While carfax is standard in regular transactions, many consumers still fail to use it online.


      What can you do to prevent automobile fraud?  Always inspect and test-drive a vehicle, and have it evaluated by a professional mechanic.  If that cannot be done, buy a car locally.   Do not forward payment until the inspection has occurred; all too often payment is forwarded the car is then inspected and found deficient but the inspection comes too late.  
Ebay states that it vigorously prosecutes fraud, but a news report found differently:
"EBay officials say they are aggressively fighting fraud in the massive online marketplace, but an investigation by MSNBC.com shows that the company doesn’t routinely inform customers when they have been ripped off or regularly notify law enforcement about apparently illegal activity on its site — even when presented with solid evidence of wrongdoing....
Three of the cases alleged phantom bidding - identical to shill bidding, but perpetrated by an individual rather than co-conspirators. The fourth was more elaborate: an alleged philatelic fraud ring in which collectible postage stamps were being altered and resold at a substantial profit. EBay’s response in each instance was apparently inconsistent with its repeated statements that fraud will not be tolerated."   EBay’s tough talk on fraud doesn’t withstand scrutiny, www.msnbc.msn.com/id/3078736

Many laws apply.  Our office asserts that lemon law disclosure and performance standards apply.   The federal odometer law is a national standard.  If the seller is a merchant, the Uniform Commercial Code requires that the goods be reasonably fit unless it is an as-is sale.  Ebay is generally unhelpful. 

Dodge Journey Brake Problems


DODGE JOURNEY BRAKE PROBLEMS



FREE CONSULTATION ON YOUR DODGE JOURNEY BRAKE PROBLEM  Call 973-598-1980 

Owners of Dodge Journeys have complained of brake problems and premature wear.   Brake pads have had to be replaced at less than 25,000 miles, and related problems occurred. Owners may be entitled to compensation for repair costs, rental bills, or other damages.   Here are typical complaints.



Make : DODGE Model : JOURNEY Year : 2009
Manufacturer : CHRYSLER GROUP LLC
Crash : No Fire : No Number of Injuries: 0
ODI ID Number : 10395406 Number of Deaths: 0
Date of Failure: November 11, 2008
VIN : 3D4GG47B59T...
Component: SERVICE BRAKES, AIR
Summary:
04/10/11 NHTSA HEADQUARTERS 1200 NEW JERSEY AVENUE, SE WEST BUILDING WASHINGTON, DC 20590 TO WHOM IT MAY CONCERN. I AM WRITING YOU IN REFERENCE OF THE PURCHASED OF MY BRAND NEW VEHICLE, A 2009-DODGE JOURNEY SE ON JUNE 08 2008. THIS CAR BEGGING TO HAVE PROBLEMS AFTER IT 6,000 MILES HAVING A NUMEROUS REPAIRS SINCE THEM. I SUBMITTED THE CAR TO THE LEMON LAW BEFORE THE WARRANTY TIME EXPIRED. CHRYSLER GROUP DENIED IT ARGUING THAT MY CAR IS RUNNING UNDER THE COMPANY EXPECTATION. CURRENTLY THE CAR STILL HAS SUSPENSION PROBLEM AND NOISES(SUCH AS BRAKE NOISES, TURN WHEEL NOISES AND OTHER). THE CAR BOUNCING AFTER 50 MP MILES AND EVERY TIME THAT BUMPS ON THE STREET OR ON THE HIGHWAY THE VEHICLE MAKES STRONGLY BOUNCES. THE COMPANY STATES THE BOUNCING AND THE NOISES ARE PART OF THE CAR’S MANUFATURED. IN ADDITION TO ALL THE REPORTED REPAIRS, THE SEATS GET EASILLY STAIN WITH ANY TYPE OF LIQUID AND THE BLACK COLOR OF THE INTERIOR IS FACING, I MEAN THE BLACK IS BECOMING GRAY. I WILL SUBMITT ANY DOCUMENT THAT COULD SUPPORT MY CLAIM IF IS REQUIRED

Pontiac G6 electrical problem, defect, Dodge Journey class action, brake   defect,  claim,  problem, class action, warranty, defect,  brake wear, recall, brake replacement 

Make : DODGE Model : JOURNEY Year : 2009
Manufacturer : CHRYSLER GROUP LLC
Crash : No Fire : No Number of Injuries: 0
ODI ID Number : 10392710 Number of Deaths: 0
Date of Failure: February 15, 2011
VIN : 3D4GG57VX9T...
Component: SERVICE BRAKES, AIR
Summary:
AFTER 27,000 MILES MY 2009 DODGE JOURNEY NEEDS A SET OF NEW BRAKES FOR THE FRONT TIRES. I HAVE HAD SEVERAL SUV'S TO FAR SURPASS THIS MILLAGE WITH NO NEW BRAKES NEEDED. AFTER TAKING MY JOURNEY TO A LOCAL MECHANIC, I WAS TOLD THAT 15 MINUTES BEFORE HE HAD HAD AN IDENTICIAL 2009 DODGE JOURNEY WITH THE EXACT SAME PROBLEM. WHEN I CAME HOME, I RESEARCHED DODGE JOURNEY BRAKE PROBLEMS ONLINE AND WAS SHOCKED AT WHAT A PROBLEM THIS WAS FOR JOURNEY OWNERS. I THINK A RECALL SHOULD BE DEMANDED. MY HUSBAND AND I BOUGHT THIS CAR TO BUY AMERICAN..... AND THIS IS WHAT WE GET.

Make : DODGE Model : JOURNEY Year : 2009
Manufacturer : CHRYSLER GROUP LLC
Crash : No Fire : No Number of Injuries: 0
ODI ID Number : 10372249 Number of Deaths: 0
Date of Failure: December 18, 2010
VIN : 3D4GG57V69T...
Component: SERVICE BRAKES, AIR
Summary:
AFTER ONLY HAVING 25,000 MILES, MY 2009 DODGE JOURNEY NEEDED TO GET ALL NEW BRAKE PADS AND ROTORS. THIS CAME ON SUDDENLY AS MY CAR JUST BEGAN HAVING A GRINDING SOUND EVERY TIME I PRESSED THE BREAKS. I HAVE TWO SMALL CHILDREN AND FEEL THAT THIS COULD HAVE BEEN A DANGEROUS SITUATION. AFTER MUCH RESEARCH, I HAVE FOUND THAT THERE HAVE BEEN MANY REPORTED INCIDENTS OF THE SAME OCCURRENCE WITH THE 2009 DODGE JOURNEY. AFTER DISCUSSIONS WITH CHRYSLER DODGE, I SUGGESTED THAT THIS BE LOOKED INTO FOR A RECALL SO THAT THIS UNSAFE SITUATION NOT OCCUR TO ANOTHER PERSON, POSSIBLY ENDING MUCH WORSE THAN MY SITUATION DID. I AM AWAITING REIMBURSEMENT FOR A PORTION OF THE AMOUNT PAID TOWARD THE BRAKES, AND AS MUCH AS I WOULD LIKE TO BE FULLY REIMBURSED, I AM MORE CONCERNED WITH THE SAFETY OF THE VEHICLE AND THE SAFEY OF OTHERS.

keywords  defect, Dodge Journey class action, brake   defect,  claim,  problem, class action, warranty,  brake wear, recall, brake replacement 

Make : DODGE Model : JOURNEY Year : 2009
Manufacturer : CHRYSLER GROUP LLC
Crash : No Fire : No Number of Injuries: 0
ODI ID Number : 10357884 Number of Deaths: 0
Date of Failure: June 10, 2010
VIN : 3D4GG67V49T...
Component: SERVICE BRAKES, AIR
Summary:
FRONT BRAKES ROTORS AND PADS NEEDED TO BE REPLACED AT 12000 MILES, REAR BRAKES PADS AND ROTORS REPLACED AT 20000 MILES AND FRONT BRAKES NEEDED TO BE REPLACED AGAIN AT SAME TIME STEERING WHEEL VIBRATES HORRIBLY DEALER SAID NEEDED REAR WHEEL ALIGNMENT AND 2 NEW TIRES AT 20000 MILES HAD IT DONE BRAKES STILL SQUEALING AND GRINDING AND DEALER SAYS "CAN'T FIND ANYTHING WRONG" STEERING WHEEL STARTING TO VIBRATE AGAIN AT 23000 MILES DEALER SAYS NOTHING WRONG CAN'T HEAR SQUEAKS IN BRAKES UNBELIEVABLE IT IS EAR PIERCING AND THEY GRIND INTERMITTENTLY I AM SURE SOON TO BE GRINDING CONTINUALLY AND THEN THEY WILL TELL ME I NEED NEW BRAKES AGAIN HAVE SPENT 1200.00 DOLLARS OUT OF POCKET VEHICLE ISN'T EVEN PAID FOR YET I HAVE LOST FAITH IN CHRYSLER AND DON'T KNOW WHAT TO DO CAN'T AFFORD THESE COSTLY REPAIRS ON A CAR THAT IS BASICALLY NEW I AM AFRAID THAT ONE TIME THE BRAKES WILL FAIL COMPLETELY THAT IS HOW FAST THEY WEAR OUT. *TR



Law Offices of Howard A. Gutman,
230 Route 206, Building 3, Mount Olive, New Jersey 07836
(973) 598-1980, E-mail
Howian@aol.com

New York Office
315 Madison Avenue, Suite 901
New York, New York 10165


FREE INITIAL CONSULTATION  

We offer a free initial telephone consultation to discuss your consumer fraud or lemon law case. Please feel free to call or e-mail our office.

Wednesday, May 14, 2014

GM Ignition Recall


GM Ignition Recall

 

 

General Motors LLC  issued a recall for  2005-2007 Chevrolet Cobalt, 2007 Pontiac G5 vehicles. 2006-2007 Chevrolet HHR,  Pontiac Solstice,  and 2003-2007 Saturn Ion vehicles and 2007 Saturn Sky vehicles.  The recall is due to an alleged defect in the ignition switch which, when the weight on the key ring and/or road conditions or some other jarring event, may cause the ignition switch to move out of the run position, turning off the engine.

Monday, May 12, 2014

Range Rover Electrical and Transmission Problems


Land Rover Range Rover  Electrical and Transmission Problems

 

 

Owners of the  Land Rover Range Rover have had electrical and transmission problems.   Owners may be entitled to compensation for these problems and here are some typical complaints. 

I have a 2010 RRS S/C purchased in January. It's an incredible vehicle, but has been unreliable for me. It's currently at the dealership for the 2nd time in as many months undergong diagnosis and transmission review for what appears to be bizarre electrical problems. The first time this happened, every warning light on the dash came on followed by multiple error messages. I lost power steering and virtually all engine power. The vehicle was towed to the dealership on a flatbed, and a few days later I got it back with a "no fault found" diagnosis. The problem did not rear its head while at the dealership so the fault codes stored in the ECU were reviewed then cleared.

A week ago last Monday a similar problem occurred (all dash lights and multiple error messages), but this time the transmission wouldn't shift out of low gear. The dealer has had it now for over a week and they are "still working on it". The ECU's session files have been forwarded to LRNA but since this is the first time this problem has been seen, there is no knowledge of the cause nor is there a fix. The FSE-Field Service Engineer has recommended the vehicle's wiring be checked and to have the transmission pan pulled, and although they did find a high-resistance ground point and fixed it today, I have very low confidence that this is the root of the problem.
www.rangerovers.net

 

Date Complaint Filed: 07/19/2013
Component(s): ELECTRICAL SYSTEM , ENGINE , POWER TRAIN

Date of Incident: 06/13/2013
NHTSA ID Number: 10525843

Vehicle Make Model Model Year(s)

  • LAND ROVER RANGE ROVER 2010
 
Manufacturer: LAND ROVER

Vehicle Identification No. (VIN): SALMF1D4XAA...

SUMMARY:

MY 2010 RANGE ROVER SUDDENLY AND WITHOUT ANY WARNING STOPPED FUNCTIONING ON THE HIGHWAY. MY DASH BOARD WENT DARK AND THE ENGINE TURNED OFF. WE COMPLETELY LOSS CONTROL OF THE CAR WITH A TOTAL SYSTEMS FAILURE. TWO ACCIDENTS WERE NEARLY AVOIDED. MY CAR WAS TAKEN TO REEVES IMPORT MOTORCARS FOR INSPECTION, INVESTIGATION AND TESTING TO FIND OUT WHAT WAS THE CAUSE. REEVES HAD MY CAR FOR ABOUT 6 DAYS AND STATED THE CAR WAS SAFE TO DRIVE AND THEY COULD NOT FIND ANY REASON FOR THE SUDDEN DASH BOARD AND ENGINE FAILURE. ADDITIONALLY, ON MANY OCCASIONS REEVES CONFIRMED THAT THEY CHECKED KEY ENGINE FLUID LEVELS INCLUDING OIL AND FOUND THAT THE OIL LEVEL WAS SATISFACTORY. REEVES PROVIDED A LAND ROVER MULTI-POINT INSPECTION REPORT WHICH DIRECTLY LISTS THE OIL FLUID LEVEL AS "OK." FIVE DAYS AFTER REEVES GAVE US BACK OUR CAR IN JUNE, THE RANGE ROVER SHUT DOWN AGAIN ON A MAJOR HIGHWAY. WE TOWED IT TO ANOTHER LAND ROVER DEALERSHIP AND REPAIR SHOP TWO HOURS AWAY FROM AND THIS DEALERSHIP CONFIRMED THAT MY RANGE ROVER ONLY HAD 3.5 QTS INSTEAD OF THE REQUIRED 8.1 QTS. THIS NEW LAND ROVER REPAIR SHOP ALSO CONFIRMED THAT THERE WERE NO SIGNS OF ANY OIL LEAKS. WE WERE TOLD THE LOW OIL LEVEL LOCKED THE ENGINE UP AND NOW MY CAR NEEDS A NEW ENGINE. MY SAFETY CONCERN IS WHETHER AN ELECTRICAL MALFUNCTION, INCLUDING FAULTY OIL WARNING LIGHTS OR SENSORS, CAUSED MULTIPLE FACTORY TRAINED TECHNICIANS TO MISS THE FACT THAT THERE WAS A DANGEROUSLY LOW OIL LEVEL. HAS THIS TYPE OF ENGINE FAILURE PRESENTED IN ANY OTHER LAND ROVERS OR RANGE ROVERS ACROSS THE COUNTRY. I AM VERY CONCERNED THE ELECTRICAL AND/OR ENGINE PROBLEM WILL CONTINUE TO BE HAZARD ON THE HIGHWAY. *TR

 

Tuesday, April 8, 2014

NISSAN SENTRA ENGINE AND TRANSMISSION PROBLEMS



 
 

There are multiple reports of engine and transmission problems on the 2013 Nissan Sentra .  Owners may be entitled to compensation for loss of use, repair costs,  or diminished value. 

Date Complaint Filed: 03/28/2014

Component(s): ENGINE  Date of Incident: 01/14/2014

NHTSA ID Number: 10575281

Manufacturer: Nissan North America, Inc.

Vehicle Identification No. (VIN):  3N1AB7AP2DL... 

SUMMARY:

THIS VEHICLE WAS PURCHASED ON 12/31/2013, WITH 22 MILES SHOWING ON THE ODOMETER. APPROXIMATELY TWO WEEKS LATER, WHILE AT A STOP LIGHT, THE CAR ENGINE CUTS OFF, I WAS ABLE TO PUT THE CAR INTO PARK AND RESTART WITHOUT FURTHER PROBLEM. THE ENGINE HAS STOPPED THREE OTHER TIMES SINCE THEN, THE OTHERS WERE WHILE IDLING AND DRIVING AT APPROXIMATELY 25-30MPH.I SHOULD HAVE TAKEN IT BACK TO THE DEALER AFTER THE FIRST INCIDENT, BUT THOUGHT IT WAS A FLUKE, BUT AFTER THE FOURTH TIME, I'M A BIT AFRAID THAT THIS WILL CONTINUE TO HAPPEN AND PROBABLY CAUSE AN ACCIDENT.HOW DO I BEGIN TO RESOLVE THIS PROBLEM WITH NISSAN?

Complaint Filed: 02/23/2014

Component(s): ELECTRICAL SYSTEM , ENGINE  Date of Incident: 01/18/2014

NHTSA ID Number: 10565535

Manufacturer: Nissan North America, Inc.

Vehicle Identification No. (VIN):  3N1AB7AP9DL... 

SUMMARY:

ENGINE STALLED ON THE INTERSTATE WHILE TRAVELING AT 70 MPH. STALLED AGAIN ABOUT AN HOUR LATER AT 30 MPH. WENT TO DEALERSHIP, THEY WERE UNABLE TO REPRODUCE THE ISSUE. OTHERS HAVE HAD SIMILAR EXPERIENCES, BUT NISSAN WILL NOT RECOGNIZE ENGINE STALLS AS A CURRENT ISSUE WITH 2013 NISSAN SENTRAS. HOWEVER NISSAN DID SEND ME ONE MONTHS CAR NOTE FOR THE VEHICLE BEING IN THE SHOP SEVERAL TIMES FOR THIS PROBLEM. ACCORDING TO NISSAN THERE IS A SUGGESTED REPAIR INVOLVING THE ACCELERATOR ON THESE VEHICLES, BUT THE COMPANY WILL NOT AUTHORIZE THE REPAIR UNLESS THEIR TECHNICIANS CAN REPRODUCE THE ISSUE. AFTER SEVERAL CALLS TO NISSAN THEY SIMPLY SAY THAT THEY UNDERSTAND THE PROBLEM I AM HAVING BUT THE COMPANY WILL NOT AUTHORIZE THE REPAIR AT THIS TIME. THEY MORE OR LESS LEFT IT TO ME TO CONTINUE WITH MY OWN RESEARCH ABOUT A POTENTIAL RECALL INVOLVING ENGINE STALLS.

Complaint Filed: 01/01/2014

Component(s): ENGINE , SERVICE BRAKES , UNKNOWN OR OTHER  Date of Incident: 12/28/2013

NHTSA ID Number: 10558075

Manufacturer: Nissan North America, Inc.

Vehicle Identification No. (VIN):  3N1AB7AP3DL... 

SUMMARY:

I ONLY HAD MY CAR FOR ABOUT 10 MONTHS. I KEEP MY CAR UPDATED WITH THE MAINTENANCE. I DROVE TO LAS VEGAS, NEVADA FRIDAY AFTERNOON. MY CAR WAS RUNNING GREAT I GET TO LAS VEGAS NEVADA I HERE THIS LOUD GRINDING CRINKLY NOISE COMING FROM MY ENGINE OR TRANSMISSION. I TAKE IT TO PLANET NISSAN IN LAS VEGAS NEVADA. THEY TOOK FOREVER TO EVEN TAKE ME AS A CUSTOMER. THEN THEY COME OUT AND SAY YOU ARE NOT ELIGIBLE FOR A RENTAL AND YOUR TRANSMISSION WENT OUT. THEY PROCEEDED TO TELL ME THAT I WILL BE RESPONSIBLE FOR THE CAR AS FAR AS PICKING IT UP WHEN ITS FIXED. THIS IS THE WORST EXPERIENCE I HAD WITH CARS. THIS IS THE THIRD TIME SOMETHING BAD HAPPENS TO THIS CAR AND ITS SUPPOSED TO BE BRAND NEW. I BOUGHT IT WITH 32 MILES ON IT. MIND YOU ALL THIS WAS ON A TRIP I TOOK TO VEGAS WITH MY FAMILY. MY TWO YEAR OLD SON WAS DRAINED FROM THIS EXPERIENCE HAVING TO SPEND 6 HOURS AT PLANET NISSAN. THEY EVEN TRY SELLING ME A ANOTHER NEW SENTRA.

Date Complaint Filed: 12/06/2013

Component(s): ENGINE  Date of Incident: 12/03/2013

NHTSA ID Number: 10555046

Manufacturer: Nissan North America, Inc.

Vehicle Identification No. (VIN):  3N1AB7AP1DL... 

SUMMARY:

TL* THE CONTACT OWNS A 2013 NISSAN SENTRA. THE CONTACT STATED THAT WHILE DRIVING 55 MPH, A BURNING ODOR WAS PRESENT. THE CONTACT PULLED OVER TO CHECK UNDER THE HOOD AND DISCOVERED THAT THE ENGINE WAS ON FIRE. THE FIRE DEPARTMENT WAS CALLED TO EXTINGUISH THE FIRE. THE FIRE DEPARTMENT WAS UNABLE TO DETERMINE WHAT CAUSED THE FIRE. NO ONE WAS INJURED. THE CONTACT FILED A COMPLAINT WITH THE MANUFACTURER REGARDING THE FIRE. THE FAILURE MILEAGE WAS 11,110.

Complaint Filed: 09/09/2013

Component(s): AIR BAGS , ENGINE , SERVICE BRAKES , STRUCTURE  Date of Incident: 05/29/2013

NHTSA ID Number: 10542703

Manufacturer: Nissan North America, Inc.

Vehicle Identification No. (VIN):  Not Available 

SUMMARY:

1ST INCIDENT WITH OUR NEW 2013 NISSAN SENTRA OCCURRED @ 247 MI., IN OUR POSSESSION LESS THAN 1 WEEK, GOING 50MPH (2 CHILDREN IN CAR WITH ME), CAR JUST SHUT OFF. DEALER RESET COMPUTER SYSTEM. IT HAS BEEN DOWN HILL SINCE, I TOOK IT IN TODAY FOR THE 5TH TIME SINCE IT WAS PURCHASED 3.5 MONTHS AGO (IT NOW HAS 3700MI). REPEATED ISSUES WITH RPM'S RUNNING HIGH ANYWHERE BETWEEN 2,000 & 4,000 OR AT AN ALL MOST STOP WILL FLUTTER DOWN TO 0 LIKE IT'S GOING TO STALL. CRACKLING/RATTLING NOISES FROM THE DRIVERSIDE DASHBOARD. NOW ALSO COMING FROM THE A-PILLAR (?). ISSUES WITH SPEAKERS (STATIC/CRACKLING NOISES) HAD THE SAME BREAK AND AIRBAG LIGHT ISSUES. THERE IS NOW GROWLING NOISES COMING FROM FRONT, CAR SEEMS TO "BUCK" AROUND 2-4K RPM'S. OH YEAH MY DRIVER DOOR HANDLE IS NOW FALLING APART. DID I COVER ALL THE PROBLEMS I HAVE HAD WITH A $20+ BRAND NEW CAR???? I THINK SO, BUT THEN AGAIN WE HAVEN'T OWNED IT ALL THAT LONG! I DID OPEN A CLAIM WITH NISSAN CONSUMER AFFAIRS WHEN IT WAS IN ON IT'S 3RD VISIT, I WAS DENIED A REPURCHASE, BUT REST ASSURED A NISSAN CERTIFIED REPAIR SHOP WILL FIX ANY PROBLEMS. WAITING ON DEALERSHIP TO DECIDE IF THEY CAN DO ANYTHING?! NEXT STEP ATTORNEY!!!!! *TR

Complaint Filed: 03/29/2013

Component(s): ENGINE  Date of Incident: 03/29/2013

NHTSA ID Number: 10504956

Manufacturer: Nissan North America, Inc.

Vehicle Identification No. (VIN):  3N1AB7AP5DL... 

Complaint Filed: 03/14/2013

Component(s): ENGINE  Date of Incident: 03/14/2013

NHTSA ID Number: 10503044

Manufacturer: Nissan North America, Inc.

Vehicle Identification No. (VIN):  Not Available 

SUMMARY:

TOOK OFF FROM A STOP SIGN AND MY CAR STALLED. I TURNED THE CAR OFF AND ON AGAIN AND IT RAN FINE. THIS ISN'T THE FIRST TIME THIS HAS HAPPENED TO ME, BUT THE OTHERS WERE WHEN IT WAS PRETTY COLD OUTSIDE AND I DEEMED THAT THE REASON FOR THE STALL. NOW I BELIEVE IT HAS TO BE SOMETHING MORE. *TR

Complaint Filed: 10/31/2012

Component(s): ENGINE  Date of Incident: 10/31/2012

NHTSA ID Number: 10482802

 Manufacturer: Nissan North America, Inc.

Vehicle Identification No. (VIN):  3N1AB7AP3DL... 

SUMMARY:

TL* THE CONTACT OWNS A 2013 NISSAN SENTRA. THE CONTACT STATED THAT WHILE TRAVELING 35 MPH, THE VEHICLE SUDDENLY STALLED WITHOUT WARNING. THE CONTACT WAS ABLE TO MERGE TO THE SIDE OF THE ROAD TO RESTART THE VEHICLE. THE VEHICLE THEN BEGAN TO FUNCTION NORMALLY. THE VEHICLE WAS ABLE TO BE DRIVEN TO THE DEALER WHERE THE FAILURE COULD NOT BE REPLICATED. THE VEHICLE WAS NOT REPAIRED. THE MANUFACTURER WAS NOT CONTACTED ABOUT THE FAILURE. THE FAILURE MILEAGE WAS 419 AND THE CURRENT MILEAGE WAS UNAVAILABLE.

 

 

Law Office of Howard A. Gutman
230 Route 206, Suite 307
Flanders, New Jersey 07836
(973) 598-1980 (tel)
(973) 531-4110 (fax)

New York Office
315 Madison Avenue, Suite 901
New York, New York 10165

 

Sunday, March 30, 2014

New Jersey Used Car Claims




You bought a defective used car.   You should speak with a lawyer but here is an overview of the laws that protect consumers in used car sales. First, the New Jersey Used Car Lemon law requires certain minimum warranties and prohibits some common deceptive practices. 

1. New Jersey Used Car Lemon Law

56:8-69.Written warranty required; minimum durations
 
It shall be an unlawful practice for a dealer to sell a used motor vehicle to a consumer without giving the consumer a written warranty which shall at least have the following minimum durations:

a. If the used motor vehicle has 24,000 miles or less, the warranty shall be, at a minimum, 90 days or 3,000 miles, whichever comes first;
b. If the used motor vehicle has more than 24,000 miles but less than 60,000 miles, the warranty shall be, at a minimum, 60 days or 2,000 miles, whichever comes first; or
c. If the used motor vehicle has 60,000 miles or more, the warranty shall be, at a minimum, 30 days or 1,000 miles, whichever comes first, except that a consumer may waive his right to a warranty as provided under section 7 of this act.

A consumer, as a result of a price negotiation for the purchase of a used motor vehicle with over 60,000 miles, may elect to waive the dealer's obligation to provide a warranty on the used motor vehicle provided that it complies with NJAC 13:45A-26F.18.

2. Deception  

New Jersey law prohibits various deceptions.   N.J.S.A. 56:8-68.

a. To misrepresent the mechanical condition of a used motor vehicle
b. To fail to disclose, prior to sale, any material defect in the mechanical condition of the used motor vehicle which is known to the dealer;
c. To represent that a used motor vehicle, or any component thereof, is free from material defects in mechanical condition at the time of sale, unless the dealer has a reasonable basis for this representation at the time it is made...
e. To misrepresent the terms of any written warranty, service contract or repair insurance currently in effect on a used motor vehicle provided by a person other than the dealer, and subject to transfer to a consumer;...
g. To misrepresent the terms of any warranty, service contract or repair insurance offered by the dealer in connection with the sale of a used motor vehicle;
h. To represent, prior to sale, that a used motor vehicle is sold with a warranty, service contract or repair insurance when the vehicle is sold without any warranty, service contract or repair nsurance;
j. To fail to provide a clear written explanation, prior to sale, of what is meant by the term "as is," if the used motor vehicle is sold "as is."

3. Prior accidents and body damage

N.J.A.C. 13:45A-26A.7 punishes,   

"The failure to disclose that the motor vehicle had been previously damagesand that substantial repair  or body work had been performed on it when such prior repair or body work is known or should have been known by the advertiser; for the purposes of this subsection, "substantial repair or body work" shall mean repair or body work having a retail value of $1,000 or more."  It is unclear whether the regulation applies to unadvertised vehicles. Cases in other states have dealt with failure to disclose body damage, though we see no New Jersey case on this issue. 

4. Federal Window Sticker

Federal law requires a window sticker indicating whether the car is sold as is or with a warranty.  16 Code Federal Regulations (CFR) 455 tells a dealer: 


A) "Before you offer a used vehicle for sale to a consumer, you must prepare, fill in as applicable and display on that vehicle a ``Buyers Guide'' as required by this Rule. (1) The Buyers Guide shall be displayed prominently and conspicuously in any location on a vehicle and in such a fashion that both sides are readily readable...  (2) The capitalization, punctuation and wording of all items, headings, and text on the form must be exactly as required by this Rule. The entire form must be printed in 100% black ink on a white stock no smaller than 11 inches high by 7\1/4\ inches wide...
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