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Nissan Dualis 2008: Going into limp-home mode?

For no apparent reason every now and again my three-year-old Nissan Dualis four-wheel drive puts itself into safe or idle mode. As you can imagine this is extremely dangerous when you're travelling along at high speed. This has happened virtually from the time I bought it new and I have returned the car to the dealer from which I purchased it on about a monthly basis for sometimes up to a week, but to no avail. I contacted Nissan direct, but they basically do not want to know. Another dealer replaced the throttle body and this reduced the occurrence to some degree, but it has since been back on two further occasions with the same problem. I cannot sell the car in this condition and am now at the end of my tether. What do I do now? Can I sue Nissan?

For some reason it’s going into ‘limp home’ mode and the reason for it doing that needs to be found and fixed. You have clearly had the runaround from the dealer and Nissan, and you would appear to have been extremely patient, but it’s time you got nasty. You need to take control of the situation and demand that the car be fixed. Ask for a meeting with the dealer and a Nissan rep and request a plan of action they will undertake to fix the problem. If that fails use the powers you have under the new national consumer law to pursue Nissan. Don’t worry that Nissan’s warranty might have expired, because the company is still responsible for the product under the consumer law if it has sold you a car that is unfit for purpose or they have failed to fix a problem with it. I think you have a very good case against the company under the provisions of that law. Phone the ACCC on 1300 302 502 or go to www.accc.gov.au for more information on the law.

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