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Class Action Lawsuit

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Fritz Andrews

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"Gentlemen, Why cant we all fo

"Gentlemen, Why cant we all form a class action lawsuit against Tohatsu/Nissan. These motors are far too unreliable and after reading all of the posts, i see i am not alone.The waters are no place to be stuck and i've been there.I have a 2007 3.5 4 stroke with 50 hours on it that i will never use again nor would i sell it to my worst enemy.We buy new to avoid trouble, dont we? Sincerely, Fritz"
 
how can you sue yourselfs its

how can you sue yourselfs its probaly your fault they have very small orifices because there 4 strokes thats not tohatsus fault its a fact of life i agree i hate 4 strokes they are more probelmatic that the old 2 strokes i would never run one of my own your motor is especally prone to issues being internal tanks condensate terribly and i have seen a good number that you need to drill the jet out in the carb to get it to burn the hole tank of gas solution run gas out of tank when not in use and use new fresh gas its still crap but its better than old gas that a month old
 
"Is there anyone else out ther

"Is there anyone else out there who is happy with
their Tohatsu engine,lets here from you.I am completely satisfied with my 9.8 four stroke.It's
not quite as fast as the old 9.9 two stroke,but
it's not as noisy and it idles down to a good
trolling speed.I can troll all day and it doe'nt
get all fouled up like the 2 stroke did."
 
"Fritz,
I too have a 3.5 and


"Fritz,
I too have a 3.5 and it has been nothing but trouble. It has been in the shop over a dozen times. It has a very bad design problem. Once it nearly blew up on me. The tech man tried to blame me. I know of others who have had the same experience with this engine. Do search on of my name on this web site and see all the trouble I have had. If you get a class action started I will join in."
 
ill admit im not a fan of the

ill admit im not a fan of the 3.5hp 4 stroke i think its a peice of junk i have never seen one burn the whole tank of gas with out enlarging the jets there air starved they run fast with out the cover id buy an older two stroke tohatsu much better quility
 
That enlarging the jet scheme

That enlarging the jet scheme is a farce. They did that to mine and it does not work. The only thing it does is cause the engine to burn more fuel and run hotter. The problem is with the gas tank not the jetting.
 
works for me done it on hundre

works for me done it on hundreds of motors havent had any issues but there still junk
 
"John,

Are you still having


"John,

Are you still having problems now or are you just venting because you had problems in the past?"
 
Guru nothing has changed excep

Guru nothing has changed except that i am not taking it again to a Nissan dealer. They have lost a customer. It still stops after about half a tank and it still does not cool properly and is still under warranty. I am willing to sell this thing back to them at the price that I paid for it if they are interested in doing what is right. However after seeing how they handled all the problems I had I seriously doubt that they are willing to do right and because they are not willing to do what is right Like I said anyone who starts a class action against them I WILL join in!
The very fact that they deny having any engineering problems with the motor and then for someone who works on them to say that he has jetted them hundreds of time to fix a problem is clear that Nissan is in denial and not to be trusted.
 
"John,

The guy that says he


"John,

The guy that says he has jetted hundreds of them is telling a fib. One...Maybe two. Your experience aside, that engine model hasn't been a problem. That doesn't do you any good though because yours is a problem. Do you still have the box it came in?"
 
"I have emails from others who

"I have emails from others who have had the same exact problem and had the same exact experience with Nissan that I had. So this is not an isolated problem. As for the box it came in, no although it would have most likely been more reliable then this engine. There is absolutely no excuse for any manufacturer to put a costumer in harms way once they know that they have a problem and Nissan knew of this problem."
 
"John,

I can't go back


"John,

I can't go back in time and undo the problem(s) you have already had. However, I can repair, under warranty, anything that is currently wrong with your engine. Contrary to what you believe, your problem with the overheat is unique to you and your problem with the fuel tank is suffered by less than 1 in 150. If you want your engine repaired correctly please let me know and I will have your engine picked up, sent to a warranty repair center(probably us so that I know it will be correct when it leaves)and then returned back to you. The only thing you would have to do is drain the fuel and drain the oil from the crankcase."
 
"yeah i havent done hundreds b

"yeah i havent done hundreds but all the ones that come in to our shop have needed it so it not as isolated tohatsu guru and alan at nissan says well maybe there lucky idk i hate those motors just plain and simple i dont like any of the engines of today i have been a dealer for a long time and i will say im sticking what my 50d2,70b,90a,3.5b,15d2,and 5b there better,more powerful,better power to weight,and alot more dependable tdli's are complex and very easy to mess up i dont agree with computers and boats its a bad idea as far as four strokes there heavy, less powerful and have more carb issues than any two stroke im sorry tohatsu guru for insulting your money makers."
 
"No thank you Guru. Nissan has

"No thank you Guru. Nissan has had all the opportunities it is going to get. I do not believe that they can or will fix it. After three coils, a water pump replacement, a rehetting, an engine explosion and near fire, two different prop types replacement and who knows what else, no thank you. Also they have withheld the paper work so i could not claim it against the lemmon law. Like I said if they want it back at what I paid for it it's theirs, but they are not going to get to work on it again. It is clearly a design problem and a very dangerous enjine and the answer is the courts, not another tear down. It would have been cheaper for them to simply do a reacll on this engine, but Sadly some companies only understand a great deal of monetary loss with lawyers and the courts before they do right and it is clear that Nissan is one of them."
 
"Hey there John, You said i

"Hey there John, You said it all! No trust left for this company. Roo boy in Tampax is starting to get it. Try going electric, John. What a nice, quiet cruise without all the frustration of a gas motor. A Minnkota 40lb thrust motor pushes me along @ 3.7 mph on my 20' sailboat, 3 hrs run time and my battery went from 12.7 volts to 12 volts. I'm hangin' twins on my baby!! And put the Tohatsuck's in my wake!!"
 
"John,

Your dealer that did


"John,

Your dealer that did the work on it has the paperwork and you are intitled to it. But, there is no lemon law on outboards. Nor has Nissan ever worked on it. The servicing dealer is the one who has done everything so far. If you change your mind about us fixing the problem(s) please let me know."
 
"Guru,
you may know motors bu


"Guru,
you may know motors but you have no clue about Texas law. There IS a lemon law in Texas on this. I already contacted an attorney and he told me I needed the paper work showing the work done and how many times it was in the shop over a certain time period. As for the paper work, I have requested it several times only to be put off. I have no doubt that Nissan has ask him to hold out on it the best he can to keep it from going through the lemon law. By the way I will not change my mind on the motor. Nissan will never touch it again unless they decide to purchase it from me and we both know that will never happen. Like I said a class action suit is the best way to get their attention since they will not do what is right and I am simply waiting for enough people to join in. These engines are dangerous and I only hope that someone does not get killed before Nissan corrects the problems with them."
 
"True...I don't have a clu

"True...I don't have a clue about Texas State Law. I assumed that it was the same as most state's in that it only applied to motor vehicles. However, there is no way that Nissan would tell a dealer not to provide you with your service orders. You should have those anyway as each time you picked up your engine the dealer would have automatically provided you with one. But then, nothing else about your case has been normal. Good luck and I hope you find inner peace someday."
 
"either that or buy a older tw

"either that or buy a older two stroke you will never have issues unless you abuse it the 4,5,6hp 4 strokes are much better engines in my opinion still have the same probelm all 4 strokes have though small orifaces in the carbs very prone to clogging if i were you john id call tohatsu directly and see if they will work something out i have been a dealer for a very long time and they always seem to come through but i dont know anymore ever since the ban on two strokes and the internet revolution (no pun intented mr guru) nissan/tohatsu have became a internet motor and many good dealers gave up and good serivice is getting harder and harder to find. i remember back in 1997 there where helpful dealers everywhere in all states and the motors where built much better. thats my 2 two cents"
 
"Guru, I have inner peace just

"Guru, I have inner peace just not satifaction about this 3.5 that Nissan has pawned off on the consumer."
 
All motors eventually have or

All motors eventually have or will have problems. That's why there are consumer reports. Boat Stands for BRING ON ANOTHER THOUSAND.
 
"Had to add my 10 cents worth.

"Had to add my 10 cents worth. Up here in the northwest all us salmon fishers use 4 stroke kickers to do all our trolling hours on. It is common to go 10,000 hours plus in 8 seasons before trading in for a new kicker. They most popular brands the last 10 years...Yamaha 75% of boats, Honda 20%, other makes 5%. Susuki has improved their dealer networks in the past 2 years and are selling more product. (selling because of price) I wouldn't buy one as I never put myself in a position of being a test pilot. Let someone else take a chance and prove they are a good engine first."
 
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