Lemon 2023 Nissan Frontier

[IndyIan]

All of which is solved with basic trim removal tools that a jr mechanic should have in their box.

Its clear that some posters here have mental blocks on what the job entails or are armchair mechanics.

I do a few things on my cars, but I'm mostly a part swapper, my latest big job was the replacing the front subframe on the Focus and one tiny little bolt on a clamp for the steering rack lines was the most frustrating, but I'm sure a more experienced tech would've figured out a solution to get a socket to it in 2 minutes instead of the long frustrating half hour it took me!

There's no question this job COULD be done well, but its going to take a tech who takes/has been given, the time and space to do it right. Hopefully every dealerships' shop has a couple guys that can handle something like this first try.

 

[D60]

They are replacing the Frame under warranty and rebuilding the truck. It's only 1 year old

Exactly!

 

[Pablo]

I think it's a body mount? In the one shot I think they've undone it or it broke?

Thanks for the pics OP!

If it were my truck I'd 100% grind that out, weld it up, fishplate it and weld it up again.

Yeah it is. I was too focused on the failure itself.

 

[millerbl00]

I woudnt want the truck with a repair like that. Call Nissan ask for buyback

 

[dishdude]

I woudnt want the truck with a repair like that. Call Nissan ask for buyback

Nissan isn't buying back a CPO truck that they have a factory approved repair for. Not happening.

 

[Bladecutter]

Nissan isn't buying back a CPO truck that they have a factory approved repair for. Not happening.

I really don't understand why so many people, including the OP, just aren't getting that, at all.

The OP didn't buy the truck new from Nissan.
He doesn't get the same types of protections that a new car buyer would get in this situation.

He bought a used truck. From the dealer.
Certified Pre Owned means its a used vehicle.
There's no Lemon Law here that can be used to leverage the manufacturer.
There is no contract between the OP and Nissan, just with the dealer.

Honestly, getting the frame replaced is a perfectly fine resolution to the whole situation, and I don't understand why anyone who has ever owned a pickup before would even bat an eye at this repair. They are going to replace any wiring harness fasteners that are damaged during removal. They might find things that were rushed during original assembly to repair.

But, there's no point looking at Nissan and expecting them to give you a new vehicle in replacement for a used vehicle you bought from one of their many dealers. Nissan is meeting the requirements of their 3 year 36k mile warranty with flying colors. Didn't even bat an eye at the need to replace the frame.

OP is better off waiting for the vehicle to be repaired, and handed back to him, so he can then take it to a shop to do a VERY THOROUGH inspection, and then he can use anything they find to go back to the dealer and say that this that and the other needs to be fixed. After all issues are resolved, he can then drive it, sell it, or set it on fire and collect the insurance money.

But no one is giving him a new car or truck until he goes into a dealer and buys one first.

 

[Cheetah-kins]

Nissan isn't buying back a CPO truck that they have a factory approved repair for. Not happening.

Yeah I don't see how a NEW truck is even being mentioned in this. Why would Nissan give someone a new truck because they bought a used one that needed a repair which the dealer is offering to do? I can totally understand OP being annoyed by the situation, but anyone expecting Nissan to say 'sorry, here's a brand new one' is dreaming, imo.

 

[millerbl00]

I am NOT saying get a new truck. I am saying the CPO processed FAILED. Get Nissan involved and get them to give Him his money BACK. Once you get Nissan involved things happen. Been there...

 

[millerbl00]

It may be too late as the repair was accepted. I would refuse the repair first. Once you refuse repair things happen. Always call corporate first.

 

[sds911]

Start calling consumer protection and lemon law attorneys. My argument would be the certification of CPO was at best negligent and at worse fraud. You relied to your detriment on their “comprehensive” inspection before buying it and they misled you. You wanted a cpo vehicle and you got a truck that should NOT have been cpo’d due to defective frame welds etc. Had you known the truth, you wouldn’t have purchased this vehicle. Your case is not necessarily a diminished value case based on a collision - but an appraisal may help establish a number for damages. Again, a lawyer with car claims should know.

You might claim fraud in the inducement of contract, negligent or intentional misrepresentation/fraud, and detrimental reliance. Maybe there are some false advertising or consumer protection laws that apply. Depends on your applicable state laws.

Demand in writing that Nissan dealer or corporate take the truck back for your purchase price or give you a comprable vehicle. If lemon law doesn’t apply, you may still have other valid claims.

Might be an arbitration procedure too. An attorney with experience with these types of disputes can advise you. Find a few - interview them carefully.

Also, find a diminished value appraiser online that can assess the decrease in value or resale value with a repair of this type. It may help you establish your damages even if the repair is made. After all, it will show on a carfax report likely and a buyer might pay less. I can tell you who I used to prove diminished value in a collision case if you send me a private message.

This does not constitute legal advice - rather a method to get legal advice from your chosen attorney and an appraisal from diminished value expert to prepare a report to help you make an appropriate money damage demand from nissan.

And no, I wouldn’t trust a mechanic to do this work unless they have done a bunch. Hell, my recent trip to my dealer for coolant loss and the mechanic forgot to put the over flow cap back on the reservoir.

I will say I had a transmission rebuild at Newport Beach Porsche after fighting with 3 other dealers who refused a fix under cpo. The techs all agreed on test drive there was an issue. In each case service manager rejected a warranty repair. Synchro issues were know on this model and were replaced. Luckily Newport Beach had a tech experienced in manual transmission tear downs.

 

[KrisZ]

All I'm going to say is that it's easy to say "demand" this or that, in reality things don't happen this way. I bet even if OP bought this truck brand new he would not get a buyback or a new truck simply by demanding it.

The law only requires the customer be made "whole" that could be by repairing the truck free of charge, refunding the money or giving him/her another of the same/greater value. The manufacturer gets to choose which route they will take, not the customer. And the manufacturer needs to be given a chance to do any of that before any sort of suit is plausible. Which they are doing according to the OP.

 

[millerbl00]

If you don't try you'll never have any success....

Dont just "demand" File paperwork. a paper trail they have to follow up on

 

[dishdude]

I am NOT saying get a new truck. I am saying the CPO processed FAILED. Get Nissan involved and get them to give Him his money BACK. Once you get Nissan involved things happen. Been there...

How do you prove it was cracked at the time of inspection? There is a factory approved repair that Nissan is covering under warranty, asking for a his money BACK is not a reasonable request and will not happen, OP would be wasting his time.

 

[millerbl00]

Hés going to be STUCK with a truck with a documented MAJOR repair. The value of it will plummet. Fight now or pay later...

 

[DuckRyder]

I think the leverage is with the dealer.

If you try to trade it on another nissan then you've got them over a barrel a little bit - it they bring up the frame as decreasing the value they made their point for you. If they low ball you "why should i buy another nissan if this ones lost that much money in a months"...

Seems like if they raised it on a rack during CPO that would be fairly obvious with he rust around the stress crack...

I'm not saying it would work, but id try to get full value on a trade ...

 

[dishdude]

Hés going to be STUCK with a truck with a documented MAJOR repair. The value of it will plummet. Fight now or pay later...

Major mechanical repairs do not plummet the value of a vehicle. This is not an accident repair.

 

[millerbl00]

Do what you wish. good luck. Yall would argue with a rock..

 

[sds911]

All I'm going to say is that it's easy to say "demand" this or that, in reality things don't happen this way. I bet even if OP bought this truck brand new he would not get a buyback or a new truck simply by demanding it.

The law only requires the customer be made "whole" that could be by repairing the truck free of charge, refunding the money or giving him/her another of the same/greater value. The manufacturer gets to choose which route they will take, not the customer. And the manufacturer needs to be given a chance to do any of that before any sort of suit is plausible. Which they are doing according to the OP.

A written demand is often pre-requisite for a lawsuit. And there may be punitive damages under some state laws or common law fraud. Not sure I agree with you on let the manufacturer/dealer decide…The truck should not have been cpo’d. A quick consult with a lawyer in the buyer’s state with this type of experience is necessary for best options.

Often a letter from a lawyer will give you leverage and hopefully a quick settlement. And yes, I practiced law for 20 years. I relied on a colleague’s letter to get diminished value from an insurance company without actually suing. The insurance company actually denied that diminished value claims were allowed in California. Easy to prove that was incorrect.

Would I want a 1 year old truck or car that needed a replacement frame or engine when it was advertised as CPO? Not really. CPO says to me it’s problem free and warranty is for future break downs or claims. Now if it were something small - I wouldn’t care and would take a fix. Like a leaking water pump, cracked windshield, broken control arm (latter two happened to my cpo 911 and replaced by dealer no questions asked) etc. Heck, even had my transmission torn down and fixed for known sychro and 2nd gear pop out. Had to go to multiple dealers to find one to fix it under CPO.

In this case, ask for money back less 10 or 15 cents a mile driven under your ownership etc. Dealer or Nissan can fix and sell to next buyer with full disclosure.

I’m reasonable. Is the dealer?

 

[sds911]

Major mechanical repairs do not plummet the value of a vehicle. This is not an accident repair.

I disagree. I look at carfax b4 buying used. If I see major repairs on a relatively new vehicle, I probably wouldn’t even make an offer. Because there are dozens of others available w/o problems.

 

[sds911]

How do you prove it was cracked at the time of inspection? There is a factory approved repair that Nissan is covering under warranty, asking for a his money BACK is not a reasonable request and will not happen, OP would be wasting his time.

Testimony, pictures, evidence. May be difficult or easy. Depends also on his use - was he off-roading or driving on pavement. Definitely a good question.