Ideal Cars

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

We are referring to ** statute 44-1267: which is not limited to powertrain. Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies. It states the following:“For the purposes of this section, the implied warranty of merchantability is met if the motor vehicle functions in a safe condition as provided in title 28, chapter 3, article 16 and is substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation on any public highway.”  Since this car’s catalytic system has been compromised, cannot pass emissions, cannot get license plates, and is not able to operate as it is meant to without causing the “engine light” to come on, it cannot be driven for any distance without risk to the engine and its operation and it is a safety concern when the car is not reliable for ordinary transportation.  It states “any defect” that significantly limits use.  This vehicle is not safe for ordinary highway travel and ordinary use without causing damage to the engine. The law goes onto say that the dealer has 2 chances to remedy the situation and fix the problem accordingly.  We are very skeptical of the mechanic the dealer is using due to the fact that he jerry-rigged the catalytic system in the first place.  Dealer stated that they do not trust him either. Using this mechanic could also mean that the dealer has to repeat this repair again due to the possibility of not being fixed correctly.  We would want to be able to verify the system was fixed according to Nissan protocol.  As of now, the car cannot pass emissions and has not passed emissions as the dealer stated.  I have gone to the [redacted] emissions records and as of today, June 1, 2015, they cannot verify any emissions testing being done on the car since 4/10/2013.  Dealer stated the car had passed emissions but in its current state with the catalytic converter it cannot and they cannot provide proof in writing that it has.  We are unable to get plates for the vehicle which makes it “not safe for ordinary purpose of transportation on any public highway.”  We cannot do this until we can have it pass emissions testing.  We basically have a car that is not legal to drive on a public road once the temporary tag is expired. This is a two-fold problem.  The system needs to be repaired with a reputable mechanic and not the one the dealer used due to the fact this mechanic has not proven himself to be qualified and trustworthy.  We must be able to verify quality of parts used and that it is fixed according to Nissan standards, can pass emissions and we can get license plates for the car so it is road-worthy.  Returning the car to the dealer to “unwind the deal” is not what we want.  As I have stated previously, it is a good car except for the emissions system.  If the dealer will honor their end of the agreement to fix according to Nissan standards with a trustworthy mechanic, have it pass emissions so we can get plates and have it be road-worthy we can all move on. Thank you again for the opportunity to respond.  Please let me know if you have any questions.

Regards,