Legal Question in Consumer Law in Oregon

We have owned our Xterra for 4 years now and for the last 3 years we have had the vehicle serviced by the local Nissan dealership. Recently, our brakes went out on us, during a trip. We had the issue inspected and they found petroleum in the brake system (i.e. wrong fluid). Petroleum causes all the rubber components to swell and leak. Needless to say, all major brake components must be replaced now, and Nissan is claiming that their "Master Technician" (who worked on it last), would not do that. We have our maintenance records for the last 3 years from them. Are they responsible?


Asked on 3/08/12, 6:30 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Yes, provided you can show that only the dealership replaced the brake fluid. That may be difficult to prove. How can you prove that you or someone else did not put petroleum into the brake system? You can do a sworn affidavit to that effect and file a small claims case against the dealership for up to $10,000. For more info on small claims, see http://www.osbar.org/public/legalinfo/1061_SmallClaims.htm. If the court believes you, then you will win. If not, then you will lose.

Read more
Answered on 3/08/12, 7:04 pm


Related Questions & Answers

More Consumer Law questions and answers in Oregon