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I had the same problem. Looking further online led me to an answer from someone to someone else about the same, suggesting to try WD40, which I did and after a little jiggling it came loose.

Climb into the rear compartment over the rear seat. Pry out the 5 retaining pins across the bottom of the tailgate cover; bend this gently up to expose the mechanism. Attach the little red extension tube that comes with it to the WD40 can nozzle and spray WD40 liberally as far up into the latch area under the tailgate as you can. Then, pulling down on the vertical release lever, jiggle the gate outwardly and inwardly. It should release eventually. Not knowing which position was locked, I tried this with the locking lever in both positions (that lever is actuated by a rod that comes into to latch area horizontally from the key socket toward the starboard side of the car).

Pardon the detail. You may not need it, but if you're not mechanically inclined you still should be able to effect a remedy on your own this way, assuming yours is the same problem.

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Q: How do I open the hatchback on 1998 Subaru Legacy Outback It's stuck?
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