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Can I pursue lemon law?

I’ve been dealing with a headache and am curious if lemon law is worth looking into. I have a 2018 Nissan Frontier that has been In the shop 4 times now for the same issue. It is a very loud chirp/squeal coming from the belt that started happening when the vehicle had 13k miles and was 14 months old. The first three times they replaced various parts and the problem came back within a couple months each time. This most recent time they told me they were unable to diagnose the problem. I have a case opened with consumer affairs and was told I can try another dealership but that most likely I’ll be told the same thing. So I’m left with waiting for a fix that has no timeframe, and last time I came in the mechanic made a comment to me that Nissan knows about this but has no fix. That was months ago and still no fix. I still have manufacture warranty for another year.
I purchased the vehicle used at a car max and I’m in California. Thank you for any advice
 

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Perhaps the forum could diagnose the problem. Mechanics have a difficult time diagnosing since their time is money and they can't live with the problem.

We should assume the problem is a drawn out squeal, not a chirp, chirp, chirp sort of sound? Is there a specific action that causes the squeal?

My 2017 4cyl. sits outside and after a rain event the belt chirps rhythmically but this goes away after awhile. Many, if not all cars do this.

I know nothing about a lemon law but it is best to fix the problem I think.

Tt
 

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If they got rid of the noise once and it came back.. then they know what the problem is. Sounds like an easy fix unless the vehicle has been in an accident and it has something to do with it.

I would take it to another dealer.. surely it can’t be that difficult to fix. Let them diagnose and document it, have you kept all the paperwork/receipts?
 

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Several people on this forum have had this issue, it seems that most solved the problem with a higher quality drive belt like a goodyear gatorback or such.
 

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I am sure you can file a lemon law case but there are restrictions to these cases. Most revolve around if the vehicle is "operational" or not.
I just am not sure if a squealing belt would qualify for lemon law since the vehicle otherwise is completely derivable? you would need to speak to an attorney.
For example, I knew of a person trying to get lemon law because the seat belt made a noise every time they used it. Took it to the dealer replaced this or that still had it. Case was denied.

First. Make sure you document everything. IF you don't want to go to another dealer, go back to the one that you bought your truck from (assuming you bought it new) and ask to speak to the Service Manager. When you speak with that person, you state, Please fix this or I will be forced to get an attorney and file a claim, AND that you will file a complaint with the BBB.

My guess? The Service Manager will get you an appointment and fix it. Now if it comes back AGAIN. Go back to the Service Manager AGAIN. Then ask for the District Managers Name and contact info.

The Reason for all this is if you do go to court, it proves to the Judge that you made every possible avenue to get the vehicle fixed. THEN you may have a very good chance of getting an action in YOUR favor.

Just a suggestion. Good Luck with it....it does sound like something simple though. So hopefully things will work out for you.
 

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And lemon laws vary per state, so look into what the lemon law is for your state.
 

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This excerpt is from the Lemon-aid guide on the California Department of Consumer Affairs web site: https://www.dca.ca.gov/acp/pdf_files/englemn.pdf

Within the Song-Beverly Act, there is a presumption guideline wherein it is presumed that a vehicle is a “lemon” if the following criteria are met within 18 months of delivery to the buyer or lessee or 18,000 miles on the vehicle’s odometer, whichever comes first, one or more of the following occurs:
1. The manufacturer or its agents have made two or more attempts to repair a warranty problem that results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven.
OR
2. The manufacturer or its agents have made four or more attempts to repair the same warranty problem. If required by the warranty materials or by the owner’s manual, the consumer must directly notify the manufacturer about the problem(s), preferably in writing. The notice must be sent to the address shown in the warranty or owner’s manual (for 1 and 2 above).
OR
3. The vehicle has been out of service for more than 30 days (not necessarily consecutively) while being repaired for any number of warranty problems and the problems must be covered by the warranty, substantially reduce the vehicle’s use, value, or safety to the consumer and are not caused by abuse of the vehicle.

If these criteria are met, the Lemon Law presumes that the buyer or lessee is entitled to a replacement vehicle or a refund of the purchase price. However, this presumption is rebuttable. The manufacturer may show that the criteria has not been met (for example, because the problems are minor) and therefore, the buyer or lessee is not entitled to a replacement vehicle or refund. *Sources: California Civil Code section 1793.22(b)
Maybe if you got a good lawyer, they could argue that a squealing belt could lead to belt failure that could lead to you getting nerfed on the freeway, therefore fulfilling condition number 1. But your case would be an uphill battle for sure. Heck, I've broken serpentine belts and the car is still driveable for 5 minutes to pull to a shoulder. It'd be easier if you had, say, an airbag/SRS light that would always come back on.

Sounds like the dealer knows where the line in the sand is drawn. Them saying that they can't diagnose the problem for a fourth time is a coincidence since you wouldn't meet condition number 2. But even then, it can be argued that a squealing belt is not a major problem or an indication of a serious defect. I'm sure the mechanics checked the pulleys and bearings within the first three times to be sure everything is within tolerance.

Before you go down a path of lawyers and headaches, try something simple first: next time the belt sounds like its squealing, spray water on it. Preferably on the smooth side, but it doesn't really matter. If it instantly quiets down, replace the belt.

I had a squealing belt on my 4.0L V6 while it was still under the bumper-to-bumper warranty. I didn't bother taking it in because what are they going to do? Replace it with the same make/model belt that squealed in the first place? I just replaced it myself with a Continental Elite and the problem went away.

Same reason I replaced the OEM windshield wipers on my Honda HR-V. Those were literally the worst wipers I've used. On the very first wipe during some light rain, they chattered and streaked worse than the dry-rotted wipers on my F-250. I could've gotten new wipers because I was within the 12 month/12,000 mile period for adjustments and consumable items. But again, they are just going to make me wait around for an hour to replace the crappy OEM wipers with the same wipers, and I'd be back to where I started. I bought $7 wipers from Costco and replaced them myself in the parking lot.
 
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Another consideration is lawyers don't do Lemon law work on a contingency basis. You have to pay a cash retainer up front, so like five grand just to write the first letter to the dealer.
 
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