I get a full refund plus any interest paid.

BBB took care of the arbitration and made the process extremely painless. Nissan not so much, but I don't want to go to into detail without legal advice. I'm not sure if I'm allowed to share the audio, but I would love for you guys to hear what transpired.
I'll also check to see if I can publish the arbitrators findings.

@ 1:10seconds into the video watch the tach and accel pedal gauges and notice that when I hit the throttle 100%, the car hesitates for 2-3 seconds. If you watch the tach for almost three seconds it sits at 1,000rpm and actually goes backwards on the 2nd second. In the car it feels like a dead pedal. You learn to drive the car's pedal is an on-off switch because it won't go.

and yes I sound like a mad man because I'm so frustrated with the transmission in what is otherwise an impressive vehicle.

I currently have 2200 miles on my car. I've had a transmission failure at 400 miles and since then multiple transmission issues. 1) The clutch slipped on take off leaving work on a turn in a slippery area and the car shut down and told me to pull over. I was told verbally that they did see an 'irregularity' by one of the service techs but it was not documented on the the service ticket. 2) The car will not accelerate after coming to a complete stop or after slowing down and then reaccelerating. This has caused numerous close calls, one where a bus had to almost come to a complete stop on a highway to avoid hitting me. 3) The transmission has got stuck in first gear on two occasions with two different drivers. I was driving down US19 at 20 mpg runing 5-6k RPM and it would not switch into second with all switches in normal and transmission in Automatic.

I've had it in for service 5 times for this issue and two times it's been towed in. I believe the total time in the shop has been ~18 days.

All of these issues are driving the car non-aggressively, usually within the first 5 miles of driving and using automatic mode with none of the race mode switches on.

The dealership has had the car 5 times to solve these issues. The Nissan manager even test drove my car on March 8th and immediately drove another 2010 and told me when he got back that it appeared to him that it was abnormal and he did not have the delay in the other car. Despite that I got a call on March 11th to pick up the car, they found nothing wrong. I got the paper work and they stated they did not notice a problem. I asked the Service Manager about what he said on March 8th and he stated again that he didn't think it was normal. I asked him to put that in the service ticket and he would not. I asked him to put in the service ticket that I was concerned for my safety. My wife told him the same thing because she drove it once and it got stuck in 1st gear so she will no longer drive it and he said he'd have to call Nissan of America, he did and told me he could not alter the service ticket. He also made an odd comment, in his exact words, "Nissan has deep pockets". I refused to sign the ticket and took the car. I assume that meant that it would be a bad idea to sue but I'm not exactly sure.

This morning, March 12th 2010, I put a camera in the car. It's only a matter of time before I get one of these issues on camera. I will be uploading them if I do. The video that you see here is of today at lunch after someone pulled out onto the roadway and I tried to take off. This is not one of the problems that I'm claiming on my three main concerns but you can see what I deal with every day on a car that is claimed to go 0-60 in 3.2 seconds.

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