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.


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