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Team 4 Investigates Lemon Cars In Pa.

Paul Van Osdol Reports

POSTED: 5:08 pm EDT April 29, 2009
UPDATED: 7:07 pm EDT April 29, 2009

The following report by Team 4 investigator Paul Van Osdol first aired April 29, 2009, on WTAE Channel 4 Action News at 5 p.m.

State law requires the Pennsylvania Department of Transportation to keep track of all cars that are branded as lemons -- those turned back to dealers because of repeated mechanical problems.

Team 4 obtained a list of all the vehicles with the lemon label over the past five years.

Some of the top-ranking lemons may be on the list because they're also top sellers.

Sarah Griffith, of Monroeville, likes this Chevrolet Trailblazer, but the first one she bought was a different story.

Griffith: "Driving down the parkway, it would shut down. Brakes would go. Gas would go. Couldn't do anything."

Van Osdol: "On the parkway?"

Griffith: "It happened to me on the parkway."

Van Osdol: "What was your reaction when that happened?"

Griffith: "It was scary."

The problem started last April, just six months after she bought the car, and it did not go away despite repeated trips to the dealer. They could not figure out the cause.

Griffith: "I was getting upset. I don't want to drive my daughter in this vehicle knowing that, at any given point, it could just shut down."

So she filed a Lemon Law claim against General Motors and got a new Trailblazer.

Griffith: "It's nice there's a law like that in place, so people like myself who have a lemon can utilize it."

Team 4 analyzed PennDOT records and found there are more than 8,000 registered lemons in Pennsylvania.

For model years 2003 to 2008, Chevrolet leads the pack with 789 lemons, followed by Ford with 714, Dodge with 315, Nissan with 302, Suzuki with 301, Jeep with 286, Hyundai with 278, Cadillac with 264, Volkswagen with 251 and GMC with 224.

Ninety-one Trailblazers were branded as lemons during that time -- more than any other model.

Next was the Ford Explorer with 83 lemons.

However, those numbers may not be complete because PennDOT records list only the make -- not the model -- for hundreds of lemons.

Richard Bazzy, owner of Shults Ford, says the lemon numbers may simply reflect that Ford and Chevrolet are the top sellers in Pennsylvania. But he says Ford was aware of quality problems in the past and made changes.

Bazzy: "We have taken that information as you point out -- and thank you for that -- and today, we have become a company that is equal to or greater than Toyota and Honda, which were always the benchmarks of quality in the American consumer's mind."

General Motors declined to comment.

Luxury cars can also be lemons. Among 2007 models, the top lemon of all was the high-priced Lexus ES 350.

A spokesman for Toyota, which makes Lexus, says some of those cars had transmission problems that led the company to buy them back.

The PennDOT records do not include Lemon Law cases that were settled, where the consumer got cash but kept the vehicle that had problems. About a quarter of all lemon lawsuits are settled.

Monique Luck, of South Fayette, started having problems with her Jeep Wrangler the day she drove it home from the dealer.

Luck: "It was leaking. It rained, and the whole side of my car was wet. I had to literally ride around with towels in the side of my doors."

And that was not the only problem.

Luck: "My car actually stopped -- the engine just kicked out -- at Robinson Town Centre, going right through an intersection. I was able to get off the road, but one of these times I'm not going to be able to. It has stopped three times since then."

Just like Griffith, Luck went back to the dealer numerous times and was unable to get the problem fixed. She wanted a new car, but Chrysler refused, so she filed a Lemon Law claim and an arbitration board sided with her. But Chrysler appealed, so she settled the case.

Luck: "I still have this car."

Van Osdol: "And you're still having problems?"

Luck: "Yes."

Van Osdol: "Same problems?"

Luck: "Yes."

A Chrysler spokesman says the only reason the company challenged Luck's claim as strongly as they did was none of their engineers could replicate the stalling condition she was alleging was a problem with her vehicle. He says they settled the case because of the leaking problems.

The 2007 Wrangler was subject to a recall because of stalling issues.

With the downturn in the auto industry, the car companies have gotten more aggressive about fighting lemon claims, according to attorney Christina Gill Roseman.

Roseman: "The manufacturers aren't as willing to say, 'This is a dangerous vehicle, we need to do something about it and get it off the road.'"

But Chrysler's spokesman says companies are pushing back because lawyers are bringing frivolous claims against them.

In order to qualify as a legitimate Lemon Law claim, a car must have a "defect that substantially impairs" its value. The defect needs to occur at least three times -- or the car must be in the shop 30 days -- in the first year or 12,000 miles.

A substantial defect can include a brake problem, leaks, failure to start or sudden deceleration.

Experts say it's critical for new car owners to have any concerns checked out. After her lemony experience, Griffith agrees.

Griffith: "Don't just think it'll fix itself. You want to have it looked into. If you do have a lemon, there's a law there for you."

Chevrolet tops the lemon list, and that might be because they're also the number-one selling brand in America.

On the other hand, Toyota is the No. 2 selling brand but they rank number 11 on the lemon list.

A couple of other things are important to know about the Lemon Law.

  • If your claim is successful, you will not have to pay attorney fees.
  • You can't file a Lemon Law claim on a used car, but you can use a federal law called the Magnuson-Moss Warranty Act. Under that law, you cannot replace your car but you can collect damages.



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