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Old Jul 15th, 2004, 12:15 PM   #1 (permalink)
stevemis
NissanForums Newbie
 
Join Date: May 2004
Posts: 4
Lemon Titan (Airbags) arbitration - buyback!

We've been having a hella time with our new Titan. We filed for arbitration and the decision came back - repurchase.

Those of you interested in the process should see http://www.titanclub.org/arbitration.php and the decision, http://www.titanclub.org/autoline_decision/ ..

From the arbitrator's notes:

Question 4

State your decision (ie. Repurchase, Replacement, Interim Repair, Denial, etc)
and list the reasons you feel it is appropriate

A repurchase decision is appropriate for the following reasons:
The customer has shown that the air bag problem substantially
impairs the safety and value of the vehicle. The problem is a defect
in material or workmanship and exists through no fault or action by
the customers. The manufacturer has had a reasonable
opportunity to repair the vehicle. Neither the dealer or the
manufacturer have conceded that there is a problem that they will
remedy or that any defect exists with the product. Therefore, the
customer has concluded that this situation will not be remedied by
the manufacturer. Accordingly, the customer notified Nissan in
writing on June 15th, 2004 in accordance to the instructions set forth
in the owner's manual. The customer has testified that if this
situation had been disclosed prior to purchase, she whould not have
purchased the vehicle. There is no evidence to conclude that the
customer could have known or should have known that the
passenger side air bag would not deploy for her. There was
sufficient testimony and evidence presented at the hearing to show
that the manufacturer had more knowledge about this problem than
what was disclosed to the customer both before and after the
sale. The problem continues to exist after four presentations for
repair by the customer.
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