Ohio Lemon Law
Purchasing your dream car only to discover that it’s defective transforms the dream into a nightmare. Thanks to Ohio lemon law, though, you may be able to get a refund or replacement vehicle. Here’s a synopsis of the law:
New cars: Yes
Used cars: No
Business vehicles: Yes
Leased vehicles: Yes
Lemon law period: 1 year/18,000 miles
What is a Lemon Car Under Ohio Law?
Ohio lemon law covers new passenger vehicles, SUVs, vans, trucks, and motorcycles that are purchased or leased in Ohio. The motorized portions of RVs are also covered, as are used cars that are purchased within one year or 18,000 miles of delivery to the original owner. In order to be considered a “lemon,” the vehicle must meet the following requirements:
- Does not conform to the manufacturer’s express warranty
- Has substantial defects affecting the use, safety, or value of the vehicle
- Has manufacturer’s defects that occurred during the first year from the delivery date or the first 18,000 miles on the odometer (whichever period ends first)
- Has been taken in once for a problem that could cause serious injury or death; three times for the same problem; eight times for different problems; or has been out of service for a cumulative total of 30 calendar days
- The manufacturer has been notified in writing of the defect within one year from the delivery date or the first 18,000 miles on the odometer (whichever period ends first)
- The owner has participated in the manufacturer’s informal arbitration program, if it has been approved by the Attorney General
- The vehicle is used exclusively for personal use
Ohio Statutes, Sections 1345.71 through 1345.78, are the state’s lemon law.
Getting Lemon Justice: Ohio Lemon Law Relief
Ohio lemon law provides several options for a successful lemon law claimant. First, you may be awarded a replacement vehicle of the same year, make, and model. You may also qualify for a monetary award, which can include:
- The full purchase price
- Finance charges
- Loan cancellation charges
- Collateral expenses, such as towing, vehicle rental, meals, and lodging
- Sales tax
- License fees
- Registration fees
- Dealer preparation fees
- Delivery fees
- Dealer-installed options
- Service contract charges
- Attorney’s fees
Pursuing an OH Lemon Law Claim
Under Ohio lemon law, within one year after the delivery date of the vehicle or 18,000 miles on the odometer (whichever comes first), you must notify the manufacturer in writing of the problem. Send your letter by certified mail, with a return receipt requested. Here’s a sample demand letter that you can adapt for your use.
You must also participate in the manufacturer’s informal dispute resolution process (if it has been approved by the Attorney General) before you are eligible to file a lemon law claim in court. If you choose to file a lawsuit, either because the manufacturer doesn’t have an approved arbitration program, or because you are dissatisfied with the outcome of the arbitration hearing, you have five years from the date of delivery to do so.
How We Can Help
Wherever you are in the lemon law claim process, we’re happy to help. Whether you need help gathering the material documenting your lemon, submitting the final demand letter, negotiating a settlement, or appealing the arbitration decision, Lemberg Law will be at your side every step of the way.
Helping consumers is what we do. We’ve helped more than 15,000 people recover more than $35 million. You can read more about us here.
Remember that vehicle manufacturers have teams of lawyers that do nothing but fight lemon law claims. Lemon laws try to level playing field by forcing automakers to pay the consumer’s attorney fees in successful lemon law claims. That’s why our representation won’t cost you a dime.
There’s a limited window of opportunity for filing a lemon law claim. If you suspect you have an Ohio lemon, give us a call today. We understand your frustration, and will do our best to deliver the justice you deserve.