I’d probably just have a local shop tape up the wires and let the issue lie until/unless you have a denied warranty claim. A couple of things to consider:
You were an active participant in the odometer misrepresentation. You were clearly aware and you financially benefited from the action.
My understanding of Magnusson is that Nissan would have to prove that whatever defect you are claiming was specifically caused by the modification. They would not be able to simply deny any electrical claim.
It is not the consumer’s responsibility to be aware that Nissan informed its dealers to not install aftermarket accessories. If you had issues with the car and Nissan refused to cover, I would think it would be easy to force the dealer to pay for the repairs since their actions presumably voided the Nissan warranty. And if they install that alarm in all of their cars, they’d be facing a class action suit on behalf of all their customers.
Given 1) own culpability on odometer 2) unlikelihood of a denied warranty claim and 3) likelihood you could force the selling dealer to cover any claims, I personally would get the wires taped up and move on.
INAL, but anything outside of “consult a lawyer” in this thread is irrelevant. You’ve already messed up your entire case by dragging the odometer into it, which had zero to do with the issue of unauthorized alarm installed, which is what’s causing the warranty issue. The lawyers can phrase it properly to separate the issues (although now it’s going to be difficult since you lumped it all together), and for the love of all that’s holy when you do decide to talk to the lawyer, do not lie to them and do not omit information that you’ve already shared with Nissan.
OP also created an easily search-engine-findable digital record of him admitting he knew he participated in the odo shenanigans. Counterproductive, as you say.
Like I previously posted, I would get the wires taped up (or remove the alarm completely) and let things lie. If you have a denied warranty claim, then deal with whether it should be covered by Nissan or the selling dealer.
You signed the legally required Federal Odometer Statement when you leased the car. Even though that statement was designed to protect the buyer, you did sign it knowing that the information was false. You entered into a lease agreement with NAMC knowing the information was false. And you’ve apparently had to deal with a “headache” with the insurance company that may create even more liability, depending on what you said or did not say.
As others have stated, if you do decide to consult an attorney, do not omit the odometer issue as that may weigh heavily in his/her recommendation for course of action.
Yeap, totally walk into AG office and tell them you participated in odometer fraud. Great plan /s
There are 2 options here, seek legal advice or give it a rest. So far OP admitted to odometer fraud and insurance fraud, which clearly indicates that they shouldn’t be talking to anyone without a lawyer present.
Again, the DMV document I signed had the actual mileage which abides by the Federal Odometer Statement guidelines. The NMAC lease agreement had the lowered mileage. What it means, I will let the attorney decide.
I’m an attorney myself and have a great CA lemon law attorney referral for you below. Joe Kaufman handled my recent Bolt (leased during cheap Bolt madness days) lemon case and obtained a fantastic result - well beyond my expectations. All communication with Joe and his office was done via email, phone and DocuSign. Best attorney I’ve ever used.
Joe Kaufman
(626) 250-0405
Please let him know that you were referred by Rick Johnson. A couple Hackrs used his services based on my referral and got great results. Good luck!
You are correct and has been vetted by several attorneys. If Nissan does not honor warranty if an issue arises, then it can be considered under Lemon Law since they cannot deny the warranty for defects caused by an authorized dealership.
I will look into a fraud claim against the dealership as they did not disclose the issues with the vehicle.
If it is done by an ‘authorized dealership’ doing unauthorized things. Yes they can deny it. But not here or there, just call them and explain they need to unwind this deal or your lawyer will make em.
