[BigBamBoo]

Hi gang.
I was at the local dealership where I bought my truck and was waiting for my truck (warranty work being done). I was in the waiting area and a gent asked me what was wrong with my truck.

Long story short, he was there picking up his truck that had the rear end replaced do to a bad diff....his explanation.

I asked how many miles he had in it and he said just over 40,000. I replied lucky you, it's under warranty.

He says that he had done the rear diff breather mod and Nissan has voided the warranty for the rear end under the excuse of a non authorized modification.

And here is the kicker....he said he removed the hose, etc., and put the stock breather back in and took it to a dealership 70 miles away. They looked the truck up and the local dealer had inputed the info into "the system" so he is hosed.

I plan on doing the mod to mine, but will pull it if I have to have the truck in for warranty work.

Just a heads up.

 

[Zedbra]

They replaced my rear diff under warranty and I have the breather mod. My dealer thought it was a good idea and reconnected it to the new diff.

 

[teecro]

... And here is the kicker....he said he removed the hose, etc., and put the stock breather back in and took it to a dealership 70 miles away. They looked the truck up and the local dealer had inputed the info into "the system" so he is hosed.

I plan on doing the mod to mine, but will pull it if I have to have the truck in for warranty work.

Sounds more to me like he is being hosed by the dealer and while lame Nissan could careless as the dealer is supposed to be the linebacker and they are the quaterback... In order for warranty work to be legally denied Nissan has the obligation to prove that the customer caused the failure... I bet if he would have pursued this issue with a letter from a lawyer quoting the M & F Warranty Act the tune would have changed...

 

[BigBamBoo]

Yes, I would guess it will come down to dealer discretion. So I know where my dealer stands on it and I will do what needs to be done.

 

[mo4130]

Fight it. It's a known issue with the terrible breather on there. You'll win.


Sent from my iPad using Tapatalk

 

[Clint]

I wouldn't accept a no from the dealer, they are not Nissan just a rep and if anyone can produce another dealer who did replace with that mod in place would shut them up.
That guy needs an attorney.

Clint

 

[shift_RUSH]

This is disturbing. Would be interesting to get/read something in writing for rationale's sake.

Perhaps the automotive industry is different, but in other consumer realms: one's dealer is there to go to bat for the buyers' best interests.

 

[teecro]

When I see 2nd hand stories I usually tend to think that there is some important info that was intentionally left out by the 1st hand storyteller...

 

[BigBamBoo]

I agree, but since I was listening to HIS side of it (and unsolicited) that is all I can relate.

I plan on doing the breather mod to mine and just picked up the hose barb from the same dealership.

That being said, I will install the factory vent if I need warranty work on the rear axle.

 

[rlholland]

Yes, I would guess it will come down to dealer discretion. So I know where my dealer stands on it and I will do what needs to be done.

You can appeal to Nissan USA, they honored my 2004 Titan trans even though the warranty mileage was pass, after I appealed to Nissan, and the dealer should help you do the appeal, because it cost them nothing and they get to keep you as a customer.

 

[BigBamBoo]

Please read my original post....not my truck.

 

[JoeFrontier68]

So he did the mod and the seals still leaked?

 

[Nissan4Life]

So he did the mod and the seals still leaked?

Apparently so. The breather mod does not guarantee that your seals won't leak. In one thread there was a survey and asked who had leaking seals and who had the breather mod. IIRC seems like no (or very few) m226 axles made it past 100K without leaks regardless of diff mod or not. However those that had low miles (10-50K) and diff seal leaks all had the stock breather.

It seems that the seal design is poor. But a bad breather can cause premature leaks.

 

[GTwannabe]

It's illegal for Nissan to void your warranty for use of aftermarket parts unless they can prove those parts caused the seal failure:

https://en.wikipedia.org/wiki/Magnuson%E2%80%93Moss_Warranty_Act

If you sue Nissan, you will win. However, you'll spend much more money on a lawyer than it would cost to repair the axle.

 

[Smitty_81]

FWIW, do to my fear of facing this possible scenario. I have chosen to replace the stock breather every 20k miles. I am surprised nobody else has posted this as their solution. Once warranty is over I'll do the mod.

 

[tziggs]

FWIW, do to my fear of facing this possible scenario. I have chosen to replace the stock breather every 20k miles. I am surprised nobody else has posted this as their solution. Once warranty is over I'll do the mod.

I just got my truck back from the dealer after having the axle seals replaced with only 13k on the odometer...and it looked like it had been leaking for a while.

I'm in Southern California with no snow/ice/salt and relatively low humidity and always garaged. My breather has had the good life with still very few miles. So, the idea of replacing the breather every 20k doesn't reassure me at all. I guess we all have different things that bug us...but I can't stand going to the dealer for repairs, even if they are under warranty.

After having the seals replaced and reading this thread, I'm going the vent mod route...but keeping the breather to reattach if I need to take it back to the dealer. From what I've learned, this gives me the best chance of staying way from the dealer service department.

 

[shift_RUSH]

Semantics:
How can a one-way valve be called a breather?

 

[JettyLife]

So he gets his warranty claim denied by that dealer, goes somewhere else, gets denied. Then goes back to the original jerk dealership to spend his money with them...
Seems to me like he should've gone to a small mechanic shop and probably could've saved some money.

 

[R.T.]

First, I agree that something is probably left out of the story. Second, I'd appeal to Nissan USA. Last, if Nissan didn't cover it under warranty they certainly wouldn't get the repair money. I would have taken it to a local trusted shop and given them the business.

Additionally, I would probably spend a few bucks and get a lawyer to draft a letter to the dealership owner advising of the intent to file suit naming him/her as the principle defendant, Nissan USA second (Nissan will not be happy). Have the lawyer quote the Magnuson-Moss Act that requires the grantor of the warranty prove the modification caused the failure. *"a warrantor denying warranty coverage due to the use of “unauthorized” parts or service must show that such use caused the defect or damage to the vehicle"." *" a warrantor cannot, as a matter of law, avoid liability under a warranty where a defect is unrelated to the use by a consumer of ‘unauthorized’ articles or service." Failure of the defendant to prove with a high degree of certainty the modification caused the failure will result in a finding for the complainant. Furthermore, in addition to the cost of the repair, the law requires in such finding the defendant pay all legal and court fees associated with the case.

All that said, one must first attempt all reasonable avenues to remedy the issue. In other words, it must be appealed to Nissan USA and denied before it can be taken to arbitration/court.

So, if this guy wasn't smart enough or motivated enough to take it to Nissan USA then he's not smart enough or motivated enough to keep his money. If he did appeal and Nissan USA denied it and he still gave a Nissan dealership his repair money, well...

Nothing is this posted should be considered legal advice and is just an example of something "I" may do in all my extra time as just a regular old retired guy.

*Excerpt from the FTC Federal Register. Found at: https://www.ftc.gov/system/files/documents/federal_register_notices/2015/05/150522mag-mossfrn.pdf

 

[NJMIKE]

FWIW, do to my fear of facing this possible scenario. I have chosen to replace the stock breather every 20k miles. I am surprised nobody else has posted this as their solution. Once warranty is over I'll do the mod.

I thought about doing this before I attempt to do the mod, however, what would changing it every 20k really do? If it's not closing and letting water/dirt in, changing it every 20k I would think does nothing.