6th Generation Maxima (2004-2008) Discussion of the 6th generation Maxima. Come see what others are saying.

Problems/Fixes + Lemon Law

Old 02-10-2009, 11:03 AM
Thread Starter
iTrader: (6)
NismoMax80's Avatar
Join Date: May 2004
Posts: 6,375
Problems/Fixes + Lemon Law

Last edited by NismoMax80; 10-16-2010 at 01:27 PM.
NismoMax80 is offline  
Old 02-10-2009, 11:19 AM
Thread Starter
iTrader: (6)
NismoMax80's Avatar
Join Date: May 2004
Posts: 6,375
This is general knowledge pulled together by different members. I have no personal experience with lemon laws. Simply supplying information gathered by others.

Lemon Law Site

Feel free to call 1-800-NISSAN-1 or 1-800-362-4111 for any problems with your Dealer or feel the need to talk to Nissan

This is a rather detailed thread on how to deal with complaints with your vehicle and what to do if you suspect that it is a lemon.

This is what you should do everytime you take your car to the dealership. It may seem like a pain in the a$$ but you will $ave your a$$ if you need to go to arbitration and/or court in the future.
1-Call the dealer to schedule a time to bring in your car and make sure to confirm this time over the phone. Tell the dealer what problem/s you have.

2-Write down who you spoke with, their extension, and the time and date. This will come in handy if things get bad in the future. Remember the worst pencil is better than the best memory. Do this for any voicemail messages you may leave too. This way you can say "I left a message on..."

3-Call up 1-800-Nissan-1 and push menu option #7...wait a few moments for the new menu greeting and push menu #4. This will get you over to Nissan consumer affairs. Have your Vin# ready or if this is a follow up have your case # ready.

4-Tell your Customer service rep (CSR) what your problem is and that you have scheduled a dealer appt and provide the details.

5-Repeat step 2 for the CSR.

6-When you arrive at the dealership write down the mileage into the dealership as well as any MPG info (this can tell you if you tech drove the car really hard or not, abuse).

7-When you come back to the dealership to pickup your car make sure the mileage out on your odometer actually matches what the paperwork says. Take your car out for a test drive with a service advisor to make sure they fixed your problems. If they didn't don't get too pissed but make them file another work order and DON'T sign the first workorder. Last thing you want to do is sign for something that was never fixed. This may seem like a hassle, but the dealer should fix it right the first time. This is why Nissan service sucks in so many places. If you take a stand the first time and be polite about it you should get the right service from that point on.

Also, the mileage out is the same as the in mileage yet in reality the dealer put on miles to test drive and find problems. Make sure that the service department gets the mileage right everytime. If the make corrections to your paperwork make sure that someone in service signs for it.

8-Keep all of this documentaion in a folder along with a little $0.79 notebook of phone call logs.
*Here is the general rule for lemon laws*
I had a general guide for the lemon law,it still appears below, but first go to check your specific local state laws

*General Lemon Info*
Most states say that if a car has been in for repairs 4 or more times for the same repair and the same condition exists you must write a certified letter to Nissan offering them a final opportunity to fix the problem. This usually must be done in the first year or 12k miles (check for specific state laws using the above link!).

Here is a sample letter to use when you send in the letter to nissan arbitration at:

Nissan North America, Inc.
Consumer Affairs Department
P.O. Box 191
Gardena, CA 90248
Ok, so here is the revised version of the steps you need to take if you truely have lemon after doing your homework

1- Send a final repair notice to Nissan- MAKE SURE YOU SEND CERTIFIED MAIL

2- After almost 10 days have passed from date of receipt of the final repair letter you will get a call from someone at Nissan Arbitration (10 days should be demanded in the letter, I would even go with 7 days for faster results).

3- 99.99% chance Nissan arbitration will schedule you for a final repair. At this time an arbotrator will ask you if you have any other issues to address so that the DTS (dealership techincal specialist) has a general idea of what he's going to be up against. Make sure you have a list of issues you have for sure and also any come and go problems you hacve when you finally meet the DTS. Make sure that when you end up at the dealership for the final repair the service advisor writes verbatim what your issues are. If you can do your homework and find all TSB's that support your claims, but don't show them to anyone. Use the verbage in those TSB's to describe your problem. Last thing you want is Nissan saying you never described the problem the right way.

4- After sending a certified letter to Nissan consumer affairs you need to at the same time file a complaint with the BBB because that is how Nissan has agreed to deal with complaint/lemon problems. This is the first step if you have a lemon. Here is their contact info:

BBB Auto Line
Council of Better Business Bureaus, Inc.
4200 Wilson Blvd.
Arlington, VA 22203
1 (800) 955-5100
use that link to file online

5- At the same time while you are waiting on nissan to respond the BBB will send you a packet of stuff that you will go through. Essentially they will be asking for all that stuff I put up in the above list of the first section that you should do everytime you go to the dealer. The BBB will also want all your paperwork from day 0. This means anything you can find from the pre-deal to the signing. There's a whole lot of stuff to collect. It's a good idea to become a pack rat when it comes to important papers. Always be organized. It will pay off eventually.

6- Nissan and the dealership will provide you with a rental car while your car is being fixed for the last time. Hopefully the DTS fixes your vehicle and you live happily ever after.

I doubt that will be the case. So make sure to take good notes on what happens while you wait for them to fix your car. Anytime you speak to someone make sure to write down anything that can be used in court. So, pretty much what I outlined in the first section, ok?

Make sure to demand that before the DTS flies back that you and him go for a test drive to make sure everything was fixed! Make this request to both the DTS and your arbitrator. Document that request on the work order if possible; after all this is their final repair attempt, and your last chance to get your car back the way it was intended to be.

7-When you come to pick up your car hopefully the DTS didn't split and actually listened to your request. If not make note of that, call your arbitrator and question why the DTS is gone. You will end up getting the "He has to be in court..." or "He needed to work on another case..." Regardless you should not take your car home without inspecting it first.

Request to take the service manager out for a test drive before signing anything!!! Make sure YOU drive because you know what you are looking for. Take it for a longer test drive to make sure that all is good. If your problems still exist try not to get too upset. Remember not sign any papers.

8- Attempt to keep your loaner car because you don't feel safe driving your car anymore. If they make you take your car home make sure to document that on the new unfulfilled work order. Make sure you get a copy of that work order with your statement for legal reasons! Last thing you want is Nissan/dealer saying you never complained about the final repair attempt.

Have the service manager create a new work order immediately for whatever was not fixed. DO NOT SIGN THE FINAL REPAIR ATTEMPT WORK ORDER!!!When the service advisor prints that new order and asks for you to sign make sure that you write on there that You feel that shop order #XYZ, the final repair attempt shop order#, did not fix your problems hence this work order. Also write- I feel that my car is unsafe but I have no choice to take it, if you got shimmy/strut/aligment or something serious still wrong. Sign next to that statement.

9- Call the BBB and get the ball rolling on your arbitration. You may have to refile the case because Nissan may have taken a long time to make repairs to the car.

10- Call your arbitrator to tell them that your car was not fixed and you look forward to seeing them at the arbitration.

11- At this point cut all your ties to Nissan. Do not accept any offer prior to arbitration unless Nissan offers what you want. You have given them enough chances to fix your problem. They should have never released the car with issues.

12- Your case specialist at the BBB will let you know when you need to appear for the hearing. You have 10 days before your hearing to decide if you want a lawyer or not. Save your money for now and organize your case.

13-Call a lemon law lawyer and get a list of technical experts they use for their cases. Shop around for a technical expert who can look at your car and can create a legal document stating that your car indeed has the issues you are claiming it has. This will be the best money you ever spent to support your case.

14-Decide if you want legal representation at the arbitration. You will have to pay...

15- If flying solo do your homework and create an outline of your car's problems and what day you were in to fix it plus how much time you missed at work. You got to be Matlock and have a really solid case. You want Nissan to come in to the arbitration expecting to only spend 1 hour for everything. Arbitration allows for ~2hrs for a hearing. Make sure you take at least 30-60 mins to present your case. Nissan will most likely be floored if you do your homework and have very little to say. At this point questions will be asked and time for rebuttle. Finally you will take your car for a test drive and try to demonstrate your issues. If the test drive doesn't demonstrate your issues point out the fact that the test drive did not occur under the same conditions you have when you experience problems and you would like a technical expert appointed by the BBB to look at your car. Once the BBB expert has looked at the car you will see their report and have the chance to rebut any statements on there. The arbitrator should make a decision very soon after s/he gets the BBB technical experts report.

16- If the BBB arbitrators decision is not what you sought you now need to get a lawyer and have them go through the motions. You can keep your technical report as evidence. Any evidence created by the BBB cannot be used in court; which sucks.

17- Good luck at this point with the lawyers and the courts. Hopefully a jury is more fair.

If you have any other questions PM me or IM me. I will gladly help you out.
Filing complaints about your car

First go to:

Next go to Nissan:
Option 7
wait for the next menu options
Option 4

For both of these have your Vin# ready

Last edited by NismoMax80; 10-16-2010 at 01:24 PM.
NismoMax80 is offline  
Old 01-31-2010, 07:22 PM
Thread Starter
iTrader: (6)
NismoMax80's Avatar
Join Date: May 2004
Posts: 6,375
2004-2006 5AT tranny issues:


Transmission issue?? Check Motor Mounts

Shift Kit Fix:
Summary write up in that thread:
after install:

Valve Body Rebuild:

cam position sensor

Transmission cooler:

not saying this is a gen wide problem, but it is coming up. Many of us are thankfully ok so far, but good to know for preventative maintenance. Speaking of which... Use only Nissan Matic-K once you are out of warranty you may decide to use Mobil 1 or Amsoil. I personally love Mobil 1 but will continue to use Matic-K myself.

Anyway whichever of those 3 you choose AT LEAST drain and fill once at 60,000 miles and continue to do so at least every 30,000. Some want to be on the safe side and start at 30,000. Others are even more conservative and do every 15,000 miles. Since you need 4 quarts (possibly more) to drain and fill AND Matic-K cost up to $20 a quart... you decide how often your wallet can afford it and if you feel it's cheaper than a new tranny.

Last edited by NismoMax80; 05-12-2012 at 09:27 AM.
NismoMax80 is offline  
Old 10-16-2010, 01:24 PM
Thread Starter
iTrader: (6)
NismoMax80's Avatar
Join Date: May 2004
Posts: 6,375
TSB, Recalls, Service and Owner Manuals

Last edited by NismoMax80; 05-06-2012 at 09:46 AM.
NismoMax80 is offline  
Related Topics
Thread Starter
Last Post
5th Generation Maxima (2000-2003)
02-06-2017 05:33 PM
7th Generation Classifieds (2009-2015)
09-25-2015 04:19 PM
8th Generation Maxima (2016-)
08-20-2015 05:15 PM
Autocrossing and Road Course Racing
08-10-2015 04:29 PM

Thread Tools
Search this Thread
Quick Reply: Problems/Fixes + Lemon Law

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service

© 2019 MH Sub I, LLC dba Internet Brands

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.