Ohio’s Lemon Law
Ohio's Lemon Law can be a powerful tool for a consumer whose new automobile or motor vehicle turns out to be a “lemon.” If the legal requirements are met, a consumer can get repair, replacement, and even a full repurchase, including taxes, finance charges and maybe even attorney fees. The Law requires a simplified and "informal" Arbitration Hearing process before going to Court. If you win the Hearing, you can accept the Award but, if you lose, you can reject it and move on to Court. The manufacturer, however, must accept the Award if you do. This essentially gives you "two bites at the apple." Lemon Law rights and remedies are even stronger when coupled with Ohio's Consumer Sales Practices Act.
To be entitled to Ohio's Lemon Law remedies you must be a "consumer" as defined under that statute. Obviously, someone who buys a new motor vehicle qualifies, but so does a lessee or even a secondary buyer while the warranty is still effective. The statute only applies to new motor vehicles but dealer demonstrator vehicles may also qualify. The law only applies to passenger vehicles but some business use will not necessarily disqualify the vehicle. Even motorcycles, motor homes and single-passenger ATVs can be covered. Also, the vehicle must have (or have had) one or more warranty defects that substantially impair the use, value, or safety of the motor vehicle to the consumer within 1 year or 18,000 miles (whichever comes first) and you must have reported these problems within 1 year or 18,000 miles (again, whichever comes first).
Once these basic requirements are met, the consumer can qualify for a Lemon Law remedy if the manufacturer (on its own or through an authorized dealer) fails to correct the defect(s) within a reasonable number of repair attempts. This can be conclusively proven if any of the following occur within one year or 18,000 miles, whichever comes first:
To be entitled to Ohio's Lemon Law remedies you must be a "consumer" as defined under that statute. Obviously, someone who buys a new motor vehicle qualifies, but so does a lessee or even a secondary buyer while the warranty is still effective. The statute only applies to new motor vehicles but dealer demonstrator vehicles may also qualify. The law only applies to passenger vehicles but some business use will not necessarily disqualify the vehicle. Even motorcycles, motor homes and single-passenger ATVs can be covered. Also, the vehicle must have (or have had) one or more warranty defects that substantially impair the use, value, or safety of the motor vehicle to the consumer within 1 year or 18,000 miles (whichever comes first) and you must have reported these problems within 1 year or 18,000 miles (again, whichever comes first).
Once these basic requirements are met, the consumer can qualify for a Lemon Law remedy if the manufacturer (on its own or through an authorized dealer) fails to correct the defect(s) within a reasonable number of repair attempts. This can be conclusively proven if any of the following occur within one year or 18,000 miles, whichever comes first:
- A defect likely to cause death or serious bodily injury persists after 1 repair or substantially the same defect persists after 3 repairs, or
- There have been 8 or more repair attempts on any combination of defects, or
- The vehicle is out of service for repair for a total of 30 or more calendar days
If your new car or motor vehicle meets these requirements, or you just need advice about your Lemon Law and related consumer rights, call me at (419) 467-3819 or email me at lane@lanemontzlaw.com.