Tom Gorta thought he was getting a great deal when he bought a 2004 Suzuki Verona for his children.
His research showed the car compared well with comparable makes, and it cost less.
But things turned scary when his eldest son, John, reported the car accelerated uncontrollably as he tried merging onto the highway."The tachometer red-lined," said John, 17, adding that when he hit the brakes, they locked up on him.
That proved to be just one of a series of problems the teen had with the car – he said it also was prone to stalling and the check-engine light routinely came on.
The Gorta family took the car to Suzuki's Augusta dealership, where repair technicians tried to diagnose the alleged problems. After seven weeks in the shop, the Gortas invoked their rights under the Georgia lemon law, which gave them the choice of a refund or a new car. The family opted for the new car and Suzuki obliged.
Less than six months later, the Evans teenager reported having similar acceleration problems with the second car, leading to a minor accident in the family's neighborhood
.Mr. Gorta said that when the family went back to the dealership the second time, the Suzuki regional representative told him there was nothing wrong with the car.
The Gortas are now petitioning Suzuki for a refund, something they wish they had done when they returned the first car.
"We had the option of taking a new car or money," Cathy Gorta said. "I was stupid."
Celeste Speier, a spokeswoman for American Suzuki Motor Corp., said the company is still trying to work with the Gortas to settle the issue."We put a lot of emphasis on customer satisfaction, and we hope Mr. Gorta comes out as a satisfied customer," she said.
Though they may be having some problems with their replacement car, the Gortas, comparatively, have been fortunate in their dealings with state lemon laws, which often prove more of a hassle than a benefit.The current lemon laws in Georgia and South Carolina often fail to protect consumers and do more to protect dealers and manufacturers, said Alan Johnson, an Augusta consumer law attorney who has handled several lemon lawsuit claims.
"I don't fool with lemon laws anymore," he said, explaining the lawsuits rarely yield favorable results for plaintiffs. "I've never seen anyone happy with it."
Auto manufacturers counter that the laws are fair and designed to protect consumers in the rare instance a defective automobile is sold."Our goal as manufacturers is to ensure the consumers are satisfied with their purchases and receive proper reimbursement if their vehicle is in fact determined to be a lemon vehicle," said Charles Territo, spokesman for the Alliance of Automobile Manufacturers, which represents nine manufacturers, including General Motors, Ford and Toyota.
"It's important that we recognize a very small number of vehicles are lemon vehicles and manufacturers are always working with consumers, with consumer rights groups and with others concerned to ensure consumer satisfaction," Mr. Territo said.
In Georgia, a car is considered a lemon if it meets one of three criteria:
The South Carolina lemon laws are basically the same as Georgia's except that there is no provision for defects in the steering or braking systems. Also, problems must occur within the first year or 12,000 miles of ownership.
In both states, used cars don't qualify for lemon law protection unless they are less than a year old or have less than 12,000 miles.
And compensation under the laws consists of the owner either receiving a new car or a prorated refund based on the car's mileage.
Though Georgia's lemon law is stronger than South Carolina's, neither state is a model for consumer protection, said Clarence Ditlow, a spokesman for the Washington D.C.-based Center for Auto Safety.In a letter to the attorney general of Georgia, Mr. Ditlow cited the state's lack of protection for unrelated but continuous problems, how much manufacturers were able to reduce the value of the car when buying it back and failure to cover a consumer's attorney fees should he or she have to go to trial.
In a similar letter to South Carolina, Mr. Ditlow criticized the state laws for a lack of a safety provision and for forcing consumers to go through a manufacturer's arbitration process first.
Although his organization rates Georgia's law as the seventh best in the nation and South Carolina's the 20th, he said only California, New Jersey and Ohio have lemon laws with teeth.
"In some states you're worse off than if you didn't have it," he said.Even if a car meets the laws' standards, consumers still have to jump through hoops to meet the states' legal notification and arbitration requirements.
The stringent requirements are likely designed to reduce frivolous lemon claims. Mr. Johnson said he often fields calls from people who just don't like their car and want to get rid of it.
Still, the process is so daunting, many potential victims with legitimate claims shy away from it, said Adam Krohn, an Atlanta attorney and managing partner for Krohn & Moss, which runs the Web site:
"It's so scary to the consumer that most who begin the process quit before they are halfway through it," he said.
Mr. Krohn said only about 20 percent of his auto-defect cases are handled under lemon laws; the rest are settled using the federal Magnuson-Moss Warranty Act, which offers consumer protection for all purchases over $25 with warranties that don't perform as they should. The Magnuson-Moss act has much lower standards for qualifying a car as defective and allows for consumers to include attorney fees as part of the damages.
Both Mr. Krohn and Mr. Johnson said they have had more success getting compensation for their clients through the Magnuson-Moss act than state lemon laws because manufacturers are more inclined to settle a lawsuit under the federal act because of the potential cost of attorney's fees.
"They're afraid of the lawyer fees," Mr. Johnson said, adding that many times, the attorney's fees alone can exceed the cost of buying back the car.
Reach James Gallagher at (706) 823-3227or james.gallagher@augustachronicle.com.
Think you bought a lemon?
If you think you have a lemon, contact your state consumer protection division.
In Georgia, call (404) 656-3300 or e-mail consumer@law.state.ga.usIn South Carolina, call (800) 922-1594.
TIPS for dealing with a Lemon
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