‘Lemon Law’ Provides for Remedies to Owners of Defective Cars
Question: I purchased a new Nissan Sentra nearly a year ago. I’ve taken it into the dealership repeatedly because it tends to stall in traffic jams. I am frustrated because I don’t think the dealer knows how to fix it. I am considering filing a lawsuit under the “lemon law,” but I don’t know where to begin. I understand various groups offer arbitration, but I have friends who advise me to get a lawyer. What should I do?--S.A.
Answer: You will find no shortage of books, pamphlets and guides to help assert your rights under various arbitration programs and lemon laws. The problem is selecting the route that will satisfy your goals with the least headache and in the shortest possible time.
In the simplest terms, lemon laws are intended to force a manufacturer to replace your car if it cannot be satisfactorily repaired after a limited number of attempts. California has the nation’s strongest lemon law, known as the Song-Beverly Consumer Warranty Act, but almost every state has a similar law, and the federal Magnuson-Moss Act applies all over the nation.
Under the Song-Beverly law, a motorist is entitled to a full refund or a replacement car if, during the first year, a specific problem cannot be repaired after four attempts or if the car is out of service for more than 30 days for any problems.
The law also provides for punitive damages. About half of all cases are settled with punitive damages, which can range from $1,000 to $100,000, according to Norman Taylor, a Los Angeles attorney with one of the largest lemon law practices in the nation. Most lemon laws provide for attorney fees to be paid by the manufacturer, and most attorneys take cases on a contingency fee, so there is little downside risk for the motorist.
“We have touched only the tip of the iceberg under this law,” Taylor said. “There aren’t enough people who are aware of their rights.”
Consumers can also go to small claims court, but damages are limited to actual losses and are capped, typically, at $2,000. You cannot be represented by an attorney in small claims court and if you lose your case, you generally are out of luck, because such decisions cannot be appealed.
Finally there are the arbitration boards, set up by the manufacturers themselves or by organizations such as the Better Business Bureau. In many cases, arbitration is a required first step before a lemon law suit. (Lawsuits may drag on for a year and a half, during which time you will continue to suffer with your lemon.)
Taylor insists that such arbitration boards are not neutral bodies and generally are not licensed by state consumer affairs organizations. And they do not operate under the strict regulations set down by lemon laws. Such boards generally are panned by consumer advocates as well.
Before deciding on a course of action, you may want to read some specialized publications. The Center for Auto Safety, a Ralph Nader group, publishes the 368-page Lemon Book, which contains details on almost every state’s lemon law, suggestions on small claims cases and information about various arbitration boards. It is available in bookstores.
The California Department of Consumer Affairs publishes Lemon-Aid for New Car Buyers, an easy 12-page guide to the Song-Beverly law. You can get it by sending a stamped, self-addressed legal-size envelope to the department, P.O. Box 310, Sacramento, Calif. 95802.
The Better Business Bureau publishes How BBB Auto Line Works, concerning its arbitration program. It is available from the Council for Better Business Bureaus, Southern California Auto Line, 5800 S. Eastern Ave. 370, Commerce, Calif. 90040.
Q. Of what use is a ported vacuum switch? Mine was broken off and the car still drove all right.
--L.F.S.
A. A ported vacuum switch is part of a vacuum-operated system, such as the vacuum advance for the distributor or the exhaust-gas recirculation system. At idle, the switch provides no vacuum, and once the car is under way, it provides vacuum to whatever system with which it is connected.
Without knowing which ported vacuum switch broke on your car, its effect is difficult to determine. If it is the vacuum advance on the distributor, you might not notice any change, but you may be losing fuel economy and performance.
