Q: My 2 year old car no longer works and no warranty,32,000 miles.
I bought the car from a Lexus dealership December 2022, it's a 2021 Nissan Rogue SL with 32,000 miles. I traded in my paid off 2023 KIA Soul, they gave me $22,000 for it and I had to put down a extra $2,000 so all together was $24,000 as a down payment for this Rogue, I needed something bigger. I turned down the warranty because it took my monthly payment from $299 to $415 a month and I couldn't afford that. I know I'm paying the price for it now. They car no longer starts, I've changed the battery and everything. One dealership told me it might be something draining the battery, he helped me out and tried to locate the cause but couldn't find the reason. I wish I would've known my car had 4 recalls and 2 recalls unfixed when I purched it because I defiantly wouldn't have purchased the car. Do I have any case, lemon law anything?
A: Sounds like a "yes" . . . Where you are referring to as a warranty is probably an extended warranty or service contract. It may still be under the original manufacturer's warranty and with the recalls and general deceptive/opportunistic sales situation, it sounds like you should contact a qualified attorney ASAP.
A: You may be in luck. Based on the year of your car and the mileage, there is a very good chance you have a warranty. The bumper to bumper will usually go at least 3 yrs and 36K miles. The powertrain, can often go up to 100K. Get in touch with NISSAN right away...
In California, the Lemon Law provides certain protections for consumers who purchase or lease a defective vehicle. The law applies to new and used vehicles that are still covered by the manufacturer's warranty, and it provides a remedy if the vehicle cannot be repaired after a reasonable number of attempts.
Since your car is a 2021 model and you purchased it in December 2022, it is likely that it is still covered by the manufacturer's warranty. If this is the case, you may be able to pursue a Lemon Law claim if the vehicle cannot be repaired after a reasonable number of attempts.
Under the California Lemon Law, a reasonable number of repair attempts is generally considered to be four or more attempts for the same issue, or two or more attempts if the issue is a serious safety defect that could cause injury or death.
It is important to document all repair attempts and to keep copies of all repair orders and other related documents. You should also contact the dealership or manufacturer and inform them of the problem with the vehicle and the repair attempts that have been made.
If the vehicle cannot be repaired after a reasonable number of attempts, you may be entitled to a replacement vehicle or a refund of the purchase price. It is recommended that you consult with a consumer law attorney who can advise you on the specific requirements and procedures for pursuing a Lemon Law claim in California.
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