Ohio Lemon Law
Ohio legislators passed one of the most comprehensive lemon laws in the nation in 1987. It requires automakers to repair defects that affect the use, value, or safety of a new motor vehicle within the first 12 months or 18,000 miles (whichever comes first). If you are having problems with your NEW purchased or leased vehicle, you should immediately take it to an authorized dealer for repair.
The automaker or dealer must be given a reasonable opportunity to fix the problem, and if the problem is not corrected, you might be eligible for a refund or replacement. You are covered by this law even if the problem was discovered late in the protection period and the repair attempts extend beyond one year or 18,000 miles. Failure to comply with Ohio's Lemon Law is a violation of Ohio's Consumer Sales Practices Act.
What Is a Lemon?
A lemon is a motor vehicle that has a problem or problems, covered by the warranty, that substantially impairs the use, value, or safety of that vehicle. If you have had problems within the first year or 18,000 miles with your passenger car, light truck (no more than one ton load capacity and not used in business), or motorcycle, you should take it back to the manufacturer or the dealer and ask them to fix it. If they fail to correct the problem(s) after being given a reasonable opportunity to do so, you might own a lemon.
Has the Manufacturer Had a Reasonable Opportunity to Repair the Vehicle?
If you can answer "yes'' to any of the following four questions. the manufacturer is presumed to have had a reasonable opportunity to repair your vehicle under Ohio law.
- Have three or more attempts been made to repair one problem and then the problem occurs again?
- Has the vehicle been in the shop for 30 days or more during its first year or 18.000 miles?
- Have eight or more attempts been made to fix different problems that impair the use, value or safety of the vehicle?
- Has one unsuccessful attempt been made to fix a problem that could cause death or serious injury?
If you answered "yes" to at least one of these four questions, you have the legal right to ask the manufacturer to replace the lemon or refund the entire purchase price.
Send a certified letter to the automaker's "Zone Office". You can find the address in your owner's manual, or ask your auto dealer. In the letter, list the problems you've had with the car, and what attempts have been made to correct them. Finally, your letter should indicate whether you want the car replaced or the refund for your full purchase price. Be sure to keep a photocopy of your letter for your records. Claims must be brought within five years of the date of the original delivery of the motor vehicle.
Will the Manufacturer Refund the Full Purchase Price of the Vehicle?
Once it is clear that your vehicle has not been fixed, the automaker must, at your option, give you a new vehicle or refund the "full purchase price". That price includes all of the following:
- The price for the car plus the costs for transportation, dealer preparation, delivery, dealer installed accessories, and other services.
- The costs for financing and credit insurance, as well as any warranty and service charges.
- Taxes and any other government charges, including state sales tax, license fees and registration fees.
Sometimes an automaker will agree with your claim and work to replace your lemon as quickly as possible. In most cases, the manufacturer will request an additional opportunity to repair the vehicle. They may try to negotiate a mutually satisfactory resolution with you. The manufacturer or dealer should advise you about an arbitration program available to informally resolve disputes. If you apply for arbitration, you should expect to wait several weeks for your hearing to be scheduled. Informal arbitration is, however, much faster and less formal than a court proceeding.
