Richmond, CA asked in Consumer Law, Products Liability and Lemon Law for California

Q: Where can I go for car issues not covered anymore by the Lemon Law period in Virginia ? We now live in California.

We bought a NISSAN ROGUE 2012 from a Virginia dealership, after the prescribed 18 months for Lemon cars in Virginia, this vehicle had 3 major issues involving major and critical parts. I feel that the parts NISSAN used to build this particular vehicle were inferior or defective and NISSAN should fully refund me, (or bear part of the refund with their parts supplier in building this car) for our expenses for (1) torque converter replacement and (2) air-conditioning condenser replacement. The 3rd, the Mass Air Flow Sensor, they replaced back in 2014 free. In addition, their instrument panel gauges no longer seem reliable. They will point to its not being covered anymore by warranty, and the lemon law. We feel we're driving a used 15 year old car, but this is a new car we bought, and are its sole users, my wife does not even drive.

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Products Liability Lawyer
  • Wyomissing, PA

A: Magnuson Moss is a federal law, but you sound like you've checked this out and it may use a state statute of limitations.Most states use the UCC 4 year statute of limitations. However that runs from when your purchased it. I assume a) you spoke with an attorney b) that attorney handled "Lemon law " cases in Virginia.

Magnuson Moss was intended to help people who otherwise had no recourse after the warranty went.

Check and make sure you didn't get an extended warranty. If you bought it new you can write a polite letter to Nissan HQ.

You may want to get the dash checked out by the dealer out there. Unfortunately, and I've had similar issues, my research says you are out of luck if your vehicle isn't covered by the lemon law, or that statute's requirements haven't been met. The general claim "it shouldn't go bad in 2-4 years" (in my case paint) doesn't fly. Try Troutman Sanders in Newport News/Norfolk area.Good luck!

Yes, it (rhymes with bucks). Don't mourn, organize! Write your former state and federal legislators, let them know why they need to strengthen consumer law, not keep weakening it. .

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