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Discussion Starter · #1 ·
We applied for a buyback with Nissan corporate. I was just wondering how the whole process would work out. I have the vehicle financed through a local credit union.
Ultimately, I would like to get another pathfinder without the shudder problem. A 2014 would be preferable.
Any insight into this from anyone would be great.

Thanks.
 

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We applied for a buyback with Nissan corporate. I was just wondering how the whole process would work out. I have the vehicle financed through a local credit union.
Ultimately, I would like to get another pathfinder without the shudder problem. A 2014 would be preferable.
Any insight into this from anyone would be great.

Thanks.
Save yourself a lot of hassle and get a lawyer who specializes in your state's lemon laws. Nissan and your dealer probably will not give you a replacement vehicle; as soon as they do, word gets out on the Net, and the floodgates of claims will bust open. Engage a lawyer, do exactly what he or she tells you to do, and be patient. Nissan will (eventually) back down once they realize you are willing to go to court over the problem. Anything less than a lawyer will probably not get you anywhere, except frustrated.

By the way, the warranty on your vehicle is between you and Nissan, don't waste time talking to the dealer.
 

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Discussion Starter · #3 ·
Thanks for the response. I was just curious as to how the logistics of the whole buy back would work. I'm just not sure if they give us a check for some amount or they send that amount to the lien holder or what?
 

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+1
There are lawyers who specialize in lemon laws.

Usually the dealer will offer to give you a new car or buyback your car.

Does it really matter if they give you a cheque or transfer the money to the lien holder? Either way you should be paying the lien...

The dealer might charge you a usage fee though.
 

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In my case, per my state law, the usage fee is 39 cents per mile. That figure can add up really quick. It comes out of the money that Nissan refunds you if they agree to buy back your car.
 

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Thanks for the response. I was just curious as to how the logistics of the whole buy back would work. I'm just not sure if they give us a check for some amount or they send that amount to the lien holder or what?
The process varies by state, you can google lemon laws for your state and see the exact process. Here is a simplified process and estimates for time, based on North Carolina:

Step 1: You review the requirements for your state to get the vehicle classified as a "lemon". This usually involves a minimum number of visits to the dealer without fixing the problem, OR a minimum number of days for the vehicle to be in their shop over a one year period, even if the problems are fixed. You must have copies of your visits to the service department to back up your claim, you can't go on your memory alone.
Step 2: You (or your lawyer) sends a certified letter to Nissan stating the problems, and how your case has met the criteria for your state for your vehicle to be a lemon. Then you give them 15 business (not calendar) days to "fix" the problem. At that point they can try to fix the vehicle in another way, or offer you $$ for your vehicle or a "replacement" vehicle, with the definition of replacement is undefined. If they have done everything they can do to fix your vehicle, their first offer will probably be something like $3,000 - $5,000 just to get you to accept the cash and drop the claim. Believe it or not, this works in the majority of the cases, and is cheaper than proceeding further.
Step 3: If Nissan did not make you happy in Step 2, then you (or your lawyer) would file a claim with the local Better Business Bureau on their "Auto Line". At this point you are agreeing for the BBB to arbitrate the dispute between you and Nissan. The arbitration decision is binding on Nissan (in other words they have to do what ever BBB tells them to do), but it is not binding on you, so you can keep going if you don't like their decision. At arbitration, you (and/or your lawyer) meet with the arbitration person; Nissan may not send a representative, but they will participate via telephone conference. You don't have to be a lawyer, or have a lawyer at arbitration, but you do have to convince the arbitration person that your vehicle has met or exceeded the requirements of your state's laws for it to be classified as a lemon. This is where your paperwork and cold hard facts wins, and this is where emotion, anger, threats, or "he said/she said" will lose the case for you.
Step 4: If you do not agree with the arbitration, then your lawyer can file suit against Nissan, who will attempt to put up a good front to avoid having to pay you back or swap vehicles out. BUT, it is my understanding that by this time Nissan recognizes that you mean business, and they will in many cases fold before it goes to court. The question you have to ask yourself, is all of this time and effort worth it to you?
Step 5: Assuming you did not take the $3,000 - $5,000 offer to go away and stop complaining, and assuming that either you "won" by arbitration or by lawsuit, Nissan will offer to either pay you back what you have in the vehicle or provide a "replacement" vehicle. For the cash back, it is not ALL of your money; your state will knock off so many $$$ for the number of miles you have driven your vehicle. If you stop and think about it, that is fair, since you did get a benefit for driving the vehicle (no matter how much it aggravated you) before now. But note that you are not going to get all of the money you have paid to Nissan back, and the longer you drive the vehicle, the smaller the amount of money you will get back. If you chose the replacement vehicle route, then it is up to you (or your lawyer) to negotiate with Nissan to define what it is. Once again, to be fair, you should not expect them to replace your vehicle with another one that has a higher value (like swapping a "S" Pathfinder for a Platinum Pathfinder with leather everything).

So over all, this is probably at best case a two month process, assuming you have all of your ducks in a row and can follow through the process as defined by your state's laws.

A couple of other items to note:
> The warranty is between you and Nissan. Don't bother trying to get the dealer to fix things for you. Some dealers might, but most will not.
> IF Nissan has to take your vehicle back under the lemon law, then the title for the vehicle has to be marked as returned under the lemon law, which can dramatically lower the resale value of the vehicle. As such, Nissan may actually "fold" before it gets to arbitration, or for sure before a court case, once again, if you have all the right documentation, and you let them know you are willing to go all the way to court to resolve the issue.
>In my state, if you win your case against Nissan, they pay your lawyer's fee on top of everything else.
 

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This is quite the process to go through. Is it really this difficult to get them to buyback the vehicle when it has a problem with it?
 

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This is quite the process to go through. Is it really this difficult to get them to buyback the vehicle when it has a problem with it?
Yup, it sounds like a lot to go through, and it is, on purpose. If you think about it, car manufacturers must also be protected against minor and false claims of problems. Otherwise, every owner who changed her, I mean his, mind about the color of the carpets, the options, the wheels, the color of the car, the way it drives, the noise it makes when you drive it on gravel roads, etc. would be rushing back to the dealership for their money or a new vehicle every week or so.

According to my lawyer, the majority of claims fall under "I'm tired of fighting the dealer and Nissan, and I will just live with it", followed by "I'm mad about my car, but for $3,000 - $5,000 from Nissan, I will live with it." Very few people actually go all the way through arbitration and/or law suit for the same reason most folks don't do their own taxes - it is complex and time consuming, and you have to keep the emotions out of it, and use the cold hard facts and documents to prove your case. That is why I recommend that anyone considering a buy-back or replacement vehicle educate themselves on their state's lemon law procedures, and talk with an attorney before proceeding.
 

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This is quite the process to go through. Is it really this difficult to get them to buyback the vehicle when it has a problem with it?
Of course. When are refunds ever easy :D
 

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Discussion Starter · #11 ·
Thank you all for the replies. I just wanted to post an update to our situation. It was a difficult process for sure, but not as bad as I initially thought. You were all correct. Nissan did approve the buy back based on the lemon law. They paid the original sticker price plus all fees (TTL etc). They subtracted some amount for a "reasonable usage fee". So they sent the check directly the lien holder to pay off the loan and they gave us a check for the difference. The process worked through a mediator at the dealership we purchased the vehicle at. Sending the documents back and forth took about 10 days or so and the actual meeting with the mediator where we signed everything was about an hour. They inspected the vehicle and gave us our check. The loan was paid in full about 3 days later.
Since then, we have been looking very carefully at a new family vehicle and after a few weeks of research and test drives, we ended up with 2014 Pathfinder SL. What can we say, they are beautiful machines. The only vehicle to come close was the 2014 Durango, and those are barely being released.

Anyways, that is all for now.
 

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Thank you all for the replies. I just wanted to post an update to our situation. It was a difficult process for sure, but not as bad as I initially thought. You were all correct. Nissan did approve the buy back based on the lemon law. They paid the original sticker price plus all fees (TTL etc). They subtracted some amount for a "reasonable usage fee". So they sent the check directly the lien holder to pay off the loan and they gave us a check for the difference. The process worked through a mediator at the dealership we purchased the vehicle at. Sending the documents back and forth took about 10 days or so and the actual meeting with the mediator where we signed everything was about an hour. They inspected the vehicle and gave us our check. The loan was paid in full about 3 days later.
Since then, we have been looking very carefully at a new family vehicle and after a few weeks of research and test drives, we ended up with 2014 Pathfinder SL. What can we say, they are beautiful machines. The only vehicle to come close was the 2014 Durango, and those are barely being released.

Anyways, that is all for now.
Congratulations! Quick questions:
1) Did you qualify based on the number of tries to fix the CVT, or based on the number of days it was in the shop?
2) Did you have the following done: reprogramming? new torque converter? new CVT?
3) Did you do it yourself or utilize a lawyer?
4) Last but most important: when they agreed to the buyback, was your original Pathfinder still shuddering, and were you able to demonstrate it to the dealer?
 

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Discussion Starter · #13 ·
Answers

1) I believe it was based on both. I took it in a total of 5 times and it was in the shop for a total of more than 6 weeks.

2) I had the following done:
- tranny fluid bled
- tranny fluid flushed
- torque converter replaced
- reprogramming
None solved the issue

3) I did it my self. Actually the wife called Nissan corporate and spoke with a customer relations person. We had to escalate a couple of levels before they actually paid attention to is.

4) at time of buy back. Yes, the vehicle still suffered from the problem ad dealer was able to reproduce.

Hope this helps.


Congratulations! Quick questions:
1) Did you qualify based on the number of tries to fix the CVT, or based on the number of days it was in the shop?
2) Did you have the following done: reprogramming? new torque converter? new CVT?
3) Did you do it yourself or utilize a lawyer?
4) Last but most important: when they agreed to the buyback, was your original Pathfinder still shuddering, and were you able to demonstrate it to the dealer?
 

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One more question: was this a buyback, where you got your money back, THEN you went and bought a 2014, or was this a trade out, where they transferred the paperwork from your 2013 to your 2014?
 

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Discussion Starter · #15 ·
It was a buy back. They paid off the loan and gave us the excess money they owed us. We had the options of getting any vehicle we wanted at that point. We just decided to go with the pathfinder again. It was the best fit for us.
 

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I am impressed that you trusted Nissan again, and Pathfinder again! I hope you have a more positive experience this time.
 

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It was a buy back. They paid off the loan and gave us the excess money they owed us. We had the options of getting any vehicle we wanted at that point. We just decided to go with the pathfinder again. It was the best fit for us.
Interesting! I would assume that the dealer would want to keep the $$$ in his pocket and do a trade out, but I guess it six of this or half a dozen of the other in this case. I am still mulling over jumping from a Pathfinder to an Infiniti QX60, but I don't think the old bank account can support that (the Infiniti has a different CVT).

Also interesting that Nissan apparently is folding with little or no effort on most folks part. I probably will be starting my efforts this month, we'll see how it works out. Thanks for your valuable feedback to the forum!
 

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Since then, we have been looking very carefully at a new family vehicle and after a few weeks of research and test drives, we ended up with 2014 Pathfinder SL. What can we say, they are beautiful machines. The only vehicle to come close was the 2014 Durango, and those are barely being released.

Anyways, that is all for now.
Wow, going from one pathfinder to another one. I thought the '14 still have the same issue reported by some owners on here.
 

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Discussion Starter · #19 ·
Well I hope this one is better. The manufacture date on this vehicle was late September. I was under the impression that Nissan switched out the plant that made the faulty part back in May. So I'm hoping we got one of the good batches and we ran the VIN at the service department and there wasn't a service bulletin out for it yet. We tried every vehicle in its class to try and find something that rivaled it, and there wasn't anything out there that had all the features my wife got used to. Every vehicle lacked in something. The highlander came close but that flimsy middle part in the second row was a deal breaker for my wife. The durango was also close, but they don't have the trim level we wanted in the 2014 model and the second row has a two step process to fold and get into the 3rd row. With a baby and a five year old that was going to be a hassle. I know, we honestly thought we would buy something different. But it all came down to value and creature comforts, and the Pathfinder had it all.
I hope we don't have any problems with this one since we will not buy another new vehicle for a long time.
Thanks.
 
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