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[email protected] gfretwell@aol.com is offline
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First recorded activity by BoatBanter: Jul 2007
Posts: 36,387
Default Pathfinder update ... the outcome

On Tue, 20 Jun 2017 18:18:19 -0400, "Mr. Luddite"
wrote:

On 6/20/2017 6:02 PM, Keyser Soze wrote:
On 6/20/17 5:58 PM, Mr. Luddite wrote:

This has been quite an experience. First time I've ever gone through
this to this extent.

Received a call from Nissan Customer Service today. The dealership is
in the process of installing a new, factory fresh engine in my car.
They are also offering to extend the normal drive train warranty by an
additional three years and are going to issue me a check (don't know
how much yet ... but was told it was "substantial") for my
inconvenience. Car should be ready in the next couple of days.

I had given this a lot of thought as to whether I would accept this as
a settlement and decided that I would. I like the car. The
alternative is to go to arbitration and/or court. I really didn't
want to pursue that because it takes on an adversarial type of
relationship, drags everything out and it isn't worth it in the end.
It's just a car.

The other factor is that I have the Massachusetts Lemon Law in my favor.
Lemon Laws vary state to state but in MA there are two conditions
that apply. The first is three failed attempts to fix a specific
problem within one year or 15,000 miles. That one is common to most
states.

The second in MA is this: If your car needs to be in the shop for
warranty repair for a total of 15 business days within the first year
or 15,000 miles the Lemon Law applies. The 15 days need not be
consecutive and the problem/repair requirement can be for any problem
covered by warranty. It doesn't have to be the same problem.

My car has already been in the shop for 18 business days. That means
if I have any future problems at all that requires warranty repair,
the Lemon Law immediately applies and they have to buy it back or
replace it.

One thing for sure though. I am going to inspect the car thoroughly,
insist that I drive it for at least a day and ... make sure the heat
works before I accept it.



Make sure they stamp the new engine with the same serial number as the
old engine they are going to trash. Also, was there a final
determination of what went wrong and why?



I asked about the engine not being original to the car and what affect,
if any, it may have on future resale value. I was assured that because
the replacement was authorized and provided by the manufacturer it would
have no effect. It won't show up on a Carfax report. So, your guess is
as good as mine. The car had 3 miles on it when I took delivery and
currently has 160 miles on it. I don't know how they handle serial
numbers. I am sure there is some type of documentation that is done.
This can't be the first time.

The faulty engine is being shipped back to Nissan Engineering for an
autopsy. Engineering thinks it has a bad block casting or someone
forgot to remove a plastic cap that is inserted before final assembly.


BTW ... Only 1 percent of new cars by all manufacturers end up being
"Lemons". I thought more. Also, the vast majority of Lemon Law issues
apply to new cars, not used cars. Many think it's the other way around.


I am not sure how anyone would know it is not the original engine. How
many people even know where the engine serial number is and I have
never seen it on a title in any state I have lived in. I know that was
common many years ago but not so much for the last half century.