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DRIVING SMART;Seeking Satisfaction if There’s No Quick Fix


THE first state “lemon laws” were passed a dozen years ago, to provide legal remedies for consumers with relatively new, problem-plagued cars that are not fixed after repeated repair attempts by a dealer or manufacturer. All 50 states, plus the District of Columbia, now have such laws.

Most states currently cover leased cars as well as purchased vehicles, and New York, Massachusetts and Rhode Island cover certain used cars as well.

These laws and programs have sensitized the manufacturers that they are better off tackling the problems earlier than later,” said Barbara Berger Opotowsky, president of the Better Business Bureau of Metropolitan New York. “It’s in everybody’s interest if the problems are resolved internally, rather than through arbitration.”

Although state laws differ, a lemon is generally defined as a new car, van or light truck with a significant defect that has not been successfully repaired after at least four attempts or is in the shop at least 30 days; the name derives from the bad taste such vehicles leave in their owners’ mouths. The problem for which a repair, replacement or reimbursement is being sought must arise during a specified period, which varies by state.

State lemon laws stem from the Federal Magnuson-Moss Act, a 1975 measure that encouraged auto makers to set up informal procedures to resolve disputes. But Magnuson-Moss was vague; it relied only on voluntary participation by manufacturers, and it had little practical effect. It was not until 1982, after statutes were passed in Connecticut and California, that buyers obtained officially sanctioned recourse when the safety, use and value of their cars were impaired.

More : query.nytimes.com

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