Nissan Lemon Law Lawyer

Is Your Nissan a Lemon?

A “lemon” is a defective vehicle that cannot be fixed despite a reasonable number of repair attempts by the dealer or manufacturer. Many types of mechanical and electrical problems can render a vehicle defective, including misaligned steering, engine malfunction, leaky coolant systems, defective electronics, and more.

Talk to our California lemon law lawyers to determine whether you have a Nissan lemon law claim. Before being eligible to file a claim, you need to have made a “reasonable number of attempts” to get your new vehicle repaired, per lemon law rules in California. While the law is somewhat vague about how many trips to the mechanic constitute this “reasonable number,” you must give the dealership a proper opportunity to fix it before commencing legal action.

The lemon law in California states that your Nissan must have “nonconformities,” defined as any defect or malfunction covered by Nissan’s original warranty. Nonconformities significantly restrict the safety, use, or value of the vehicle. There are many defects that could affect the vehicle’s safety, but there is no requirement under the law that the defect actually endangers you. Say, for example, your Nissan has a problem with its automatic mirrors; the mere fact that they work unpredictably could be enough to form the basis of a lemon law claim.

Common defects that affect safety include:

• Engine issues.
• Steering issues.
• Poor acceleration.
• Electrical malfunciton.
• Braking problems.
• Inaccurate fuel gauge or speedometer.
• Battery issues.
• Radio/Navigation malfunction.
• Non-functioning door locks.
• Transmission issues.

If you are experiencing any of these problems, you may have a lemon on your hands. Talk to our Nissan lemon law attorneys for an informed legal opinion about whether your vehicle qualifies. Call Neale & Fhima at 949-661-1007.

How Does Nissan Lemon Law Buyback Work?

If you’re having trouble with your Nissan, you should return it to the manufacturer or dealership so repairs can be attempted. You only become entitled to relief under California’s lemon law once the manufacturer has had a reasonable number of attempts to address the defect with your car.

Once these attempts have taken place, our attorneys can undertake a lemon law claim on your behalf. This involves filing suit against the manufacturer in court. To prevail in a Nissan lemon law claim, you will have to:

• Show that the defect compromises the use, value, or safety of your vehicle,
• Make “reasonable attempts” to have a dealership or mechanic repair the defect.

That’s why it’s important that you have proof that you attempted to have the vehicle fixed — keep all receipts, work orders, and used parts from each of your repair appointments.

Is There a Time Limit on Filing a California Lemon Law Claim?

Yes. The statute of limitations under California’s lemon law is four years from the date you knew or should have known the vehicle was a lemon. Generally, the sooner you file, the better. The longer you wait to pursue a legal action of any kind, the more difficult it becomes to gather the necessary evidence and build a strong case. If you have purchased or leased a lemon, start collecting copies of your repair bills and call a California lemon law attorney right away.

Are Used Cars Covered Under California’s Lemon Law?

The majority of state lemon laws apply primarily to new vehicles. Nevertheless, if your used car is was sold to you with  by a manufacturer’s warranty (original, certified pre-owned, extended, or powertrain), and it has undergone repeated repairs, you still retain rights under the California Lemon Law and possible under the  federal law known as the Magnuson-Moss Warranty Act. Legal representation under the Magnuson-Moss Warranty Act comes at no expense. You might be entitled to substantial financial compensation to account for the reduced value of the car.

You should note that some used car dealerships sell vehicles “as-is,” meaning there is no warranty protection. If a car like this starts giving you trouble, you generally will not be entitled to any form of recourse under California’s lemon law, unless the defect materializes immieadialty after purchase. There are also other  exceptions to this rule, that a lemon law attorney can discuss with you.

The best way to determine if your used car qualifies for a lemon law claim is to talk to a California lemon law lawyer. We can assess your unique situation and advise you about whether you can file a claim and your chances of success.

Why Should I Choose Neale & Fhima?

We know there are many lemon law lawyers in California to choose from, but we believe Neale & Fhima is among the best firms in the state. That’s because we have an outstanding pattern of success in handling lemon law claims for our clients! We have a winning track record, and our attorneys are among the best and the brightest. The team at Neale & Fhima is committed to each client’s case, and we give you our full attention.

Here are a few of the reasons you should choose us:

• We Have Decades of Experience. Our Nissan lemon law attorneys have over 40 years of combined experience representing clients throughout California.
• Our Lawyers Win Cases. Neale & Fhima enjoys a 99% success rate. We think this says a lot about the skill of our attorneys. While we cannot guarantee the outcome of any particular case, you can take comfort in knowing our lemon law lawyers will handle your claim just as they’ve handled thousands of successful actions in the past.
• We Value Client Relationships. High-volume law offices tend to think of clients as nothing more than numbers on a spreadsheet. The file gets passed around until it ends up with a paralegal or junior associate who just wants to finish it and move on. Neale & Fhima is different. We enjoy getting to know our clients.
• No Surprises. A handful of manufacturers control most of the U.S. auto market. We repeatedly go up against these same companies. This allows us to anticipate how they will respond to claims involving specific models and mechanical defects. Our attorneys will share how these insights can impact your claim so you are never in the dark about what to expect.
• Free Consultations. We will always discuss your situation with you in a free initial consultation before you make any decisions about a claim.

How Neale & Fhima Can Help You With Your Nissan Lemon Law Case

Here’s how Neale & Fhima can assist you with your Nissan lemon law case:

• Case Building: Building a strong lemon law case requires meticulous documentation of repairs and communication with the manufacturer. We will assist you in gathering and organizing the necessary evidence to establish the recurring nature of the defects.
• Negotiation With Manufacturers: Our skilled negotiators will work to achieve a favorable settlement that addresses your concerns without protracted litigation. It’s always easier and more cost-effective to settle claims before going in front of a judge and jury, so we’ll always aim for that outcome.
• Litigation Representation: If negotiations prove fruitless, we will represent you in court, presenting your case as persuasively as possible and advocating for your rights under the law.
• Personalized Approach: We recognize that every lemon law case is unique. Our legal experts will thoroughly assess the specifics of your Nissan vehicle’s defects and the associated impact on your safety and convenience. This individualized approach allows us to tailor our strategies for the best possible outcome.

Which Lemon Law Remedy? The Choice Is Yours

A successful lemon law claim puts you in the driver’s seat when it comes time to select the form of compensation. Here are the two primary remedies:

Option A: Repurchase

The manufacturer will take possession of the vehicle and issue you a refund of the purchase price (reduced by the value of your use of the vehicle prior to the first repair attempt). If you financed the vehicle, the manufacturer will refund the payments, down payment, and pay off the loan. You will also receive a refund of registration fees, taxes, and other such expenses you incurred as part of the lease.

Option B: Replacement

The manufacturer will take possession of the vehicle and provide you with a new one. It must be an identical or substantially similar vehicle. The manufacturer will pay the registration and taxes on the new vehicle, but you will not receive a refund of fees or finance charges paid on the original vehicle. This option requires the consent of both parties.

In some circumstances, we may be able to negotiate an additional option called a “cash and keep.” This would allow you to retain possession of the vehicle and receive a cash payment to compensate for the defect.

Nissan Lemon Law FAQs

What if I bought my Nissan “as-is”?

An “as-is” agreement implies the absence of any warranty, placing the burden of responsibility for any defects on the buyer, exceptions do apply that a lemon law attorney can discuss with you. The Nissan lemon law in California offers limitted protection for buyers in “as-is” sales situations. It’s important to note that dealerships must clarify whether a vehicle is being sold “as-is,” while private sellers do not face this requirement. You should also be aware that selling a vehicle “as-is” is subject to precise legal stipulations. On occasion, the term “as-is” might not be an absolute representation.

What compensation am I eligible for?

The buyback process for your Nissan lemon should include the following:

• Complete reimbursement for the vehicle’s cost (including the down payment, all previously made monthly payments, and the outstanding loan balance)., with the exception of a mileage offset which is the value of the milease on the vehicle prior to the first repair visit for the defect.
• Reimbursement for all official expenses related to the vehicle (including sales tax, registration fees, etc.).
• Coverage of all additional expenses linked to the lemon issue (such as towing charges, taxi fares, accommodation costs, meals, etc.).
• Reimbursement of all legal fees and related costs.

Can I take my Nissan to my trusted mechanic for repairs?

No. The vehicle must be serviced at a repair facility certified by the manufacturer during the warranty period. Opting for a third-party mechanic might nullify your claim.

Call Neale & Fhima Today

If you are having difficulty with repairs at the dealership, contact our nearest office for a consultation. We have a state wide practice and have locations in San Francisco, Los Angeles, Dana Point, Irvine, and San Diego. Or you can call 949-661-1007 to speak with us from anywhere in the state. Either way, the consultation is free. We look forward to serving you.

Attorney Aaron Fhima

Attorney Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights.