Last post on Oct 26, 2013 at 6:16 PM
You are in the Nissan Murano
What is this discussion about?
Nissan Murano, Bugatti, Transmission, SUV
#104 of 709 Re: 2003 Murano Transmission Problem [tidester]
Jun 02, 2008 (11:06 am)
Tidester: I disagree with the statement that to prove fraud I have to show they knew about the problem when they sold me the car. The NJ Consumer Fraud Statute provides the following constitutes fraud:
"The act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice; provided, however, that nothing herein contained shall apply to the owner or publisher of newspapers, magazines, publications or printed matter wherein such advertisement appears, or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher, or operator has no knowledge of the intent, design or purpose of the advertiser"
The statute states that the fraud can attach to Nissan's subsequent performance associated with the sale of my car. My argument is that Nissan's obligation to me does not end with the express warranty. There is an implied warranty that attaches to that sale as well, which means that Nissan warrants that they are selling me a car whose systems are fit for the purpose for which they are intended. If they receive subsequent knowledge after selling me the car that the transmission in that car contains a defective or misdesigned part, and especially when that knowledge comes to their attention during a time when the vehicle was in warranty, then they commit fraud when they fail to advise me of this fact. It is a purposeful concealment of a material fact concerning not only the performance of the car, but the safety as well. That is my theory of liability.
Secondly, in the fifteen years that I have practiced law, I have yet to be involved in litigation with a corporation whose "knowledge" of a particular fact comports with the date on an "issued memorandum." In other words, once I get involved in litigating this case with Nissan and I do a document demand requesting each and every document generated by Nissan that in any way pertains to this particular problem, you can bet that there will be ample evidence to demonstrate Nissan's knowledge of the problem WELL BEFORE November of 2004.
#105 of 709 Re: 2003 Murano Transmission Problem [vanessaesq]
Jun 02, 2008 (11:59 am)
I think we can agree that it is an "unlawful practice" and may be "concealment" after the fact. My understanding is that fraud or intent to defraud occur before the fact. In any case, good luck with your case!
SUVs and Smart Shopper
#106 of 709 Re: 2003 Murano Transmission Problem [tidester]
Jun 02, 2008 (12:06 pm)
#107 of 709 Re: 2003 Murano Transmission Problem [vanessaesq]
Jun 03, 2008 (9:21 am)
Apparently they did not fix the issue with the transmission in 2004 as my 2004 Murano with 80,000 miles was diagnosed with the same problem this AM. Pretty much the same estimated costs "if" the whole transmission does not need to be replaced. I barely avoided a bad accident when the engine failed to rev when starting to merge into traffic, then suddenly did rev a second or two later. Between the delay and the surprise of no forward movement it was a close call with on coming traffic.
Having read through the many complaints posted here and having experienced the very real danger from this equipment failure, I would certainly be interested in a legal means of compensation since Nissan is adamant that this is not a manufacturer issue. Assuming what is posted on this site is just a small percentage of actual occurences there should be a large group out there to support litigation.
#108 of 709 Faulty transmissions & leaky seals
Jun 03, 2008 (1:20 pm)
I'm so glad I found this website. I too purchased a 2003 Nissan Murano and have been advised that I have a "seal leak" that will involve removal of the entire transmission which will cost close to $4000. I'm just sick. In addition, at the same time I purchased my '03 Murano, a girl I worked with also purchased an '03 Murano. And, low and behold her transmission simply dropped out on her while she was driving. Her estimate was around $5000. I now will not own another Nissan and will soon be trading off the one I have. I too believe that Nissan knows full well of the defective vehicles but will take absolutely no responsibility for them. I will certainly share my experiences with everyone I know.
#110 of 709 Sense and Sound
Jun 04, 2008 (3:38 am)
Have an '05 Murano with two issues. I often feel a vibration through the gas pedal. It occurrs intermittently but most often when the car is accelerating (like going up hills); occassionally even at a stand still. The other issue is every time I turn the engine off I hear a sound. The sound is like a car that adjust for a change in load. The old Lincoln's use to have a system that if you added extra weight to the trunk the suspension would compensate. My sound is something like that but in my case I haven't change the weight in the car (other than my removing myself). Any thoughts? Thanks.
#111 of 709 Re: CVT transmission failure [lmsmanp]
Jun 11, 2008 (6:51 am)
I own a 2003 Nissan Murano. I replaced the transfer case in October with 72K. The car went again and this time the transfer case and the transmission went. The car has 87K miles and at first they did not want to pay for the transfer case because the warrenty was up. They are now saying that they will pay if the rear transfer case goes. I thought the transfer case is one piece. I am so done with this car. I will never buy another Nissan again. Does anyone know if there is a class action suit?
#112 of 709 Re: Faulty transmissions & leaky seals [swagner2]
Jun 23, 2008 (7:12 pm)
I'm glad I'm not the only unlucky one with bad transmission on the 2003 Nissan Murano. I have 70K miles and for the last month, I've had the same problem all others have reported, press the gas and the car doesn't move for a few seconds then jerks forward. Could be very dangerous when in traffic and trying to change lanes. In fact, I only discovered this problem when I was in stop and go traffic lately. I took it to the dealer, they charged me $105 to diagnose the problem. Acted like they've never heard of this problem. Called me back the next day saying they advice on replacing the "Valve Body", for $1750. I was upset that only a 5 year old car has transmission problem that requires this expensive repair. I did some research on the internet and found that I'm not alone. In fact, there has been a complaint filed to NHTSA in 2005. And another one filed in 2007. I filed mine today and have spoken to their rep. What she tells me is that not all complaints lead to investigation and not all investigation leads to recall. However, I believe more complaints of the same problem, the better chance that it will get noticed which will lead to investigation and I'm sure once they investigate, they will find that too many Murano owners had been screwed and this issue is a safety hazzard that should be recalled, and all previous owners who had to fork over thousands of dollars for repair should be reimbursed.
So, please go ahead and file the complaint with NHTSA (National Highway Traffic Safety Administration ) and they will assign you an ODI (Office of Defects Investigation) number. Mine is 10232062.
The website to file the complaint with NHTSA is
Also, other forums where people have posted exact same problems is
Nissan has known this problem and they are not owning up to it. We need to all stick together and not let them get away with endangering the motorists and reaping millions of profit from all those costly repairs.