Christina Spicer  |  November 18, 2020

Category: Auto News

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If you recently purchased a new or certified used vehicle (less than a year old or with less than 18,000 miles), the Ohio Lemon Car Law offers protection in the event the vehicle has major problems. This law enables car buyers whose vehicles are still under warranty to hold the manufacturer accountable for mechanical or other defects that significantly compromise the utility, value, or safety of the vehicle within the given time frame.

How is ‘Lemon’ Defined?

Since about 1900, the term lemon has been used to describe a defective or flawed item. It was first applied to an automobile in a popular 1960 Volkswagen ad which said, “We pluck the lemons, you get the plums.”

A new vehicle may be defective due to a design flaw or mistakes made on the assembly line. The latter gave rise to the phrase “Friday afternoon car,” suggesting that line workers were being careless as the end of the work week approached.

Lemon laws vary from state to state. Under the Ohio lemon law and similar statutes in other states, a lemon is defined as a vehicle that continues to have the same problem after multiple attempts to repair it, or if the defect has rendered the vehicle useless for an extended period of time because of repair requirements. Under these laws, auto manufacturers are required to repurchase a new vehicle if it is found to be seriously defective and the manufacturer cannot repair it within a given period of time.

Lemon laws in all states are meant to help consumers by encouraging vehicle manufacturers to fix defects. Secondarily, lemon laws help alert manufacturers to potential defects or quality issues with their vehicles. While specific lemon laws vary, the common factors that determine whether or not a car qualifies as a “lemon” are typically the number of miles driven, major defects, reasonable repair attempts, and the number of days in the shop. Consumers may be able to take action so long as the issue is not related to a recall.

Lemon car What is Covered Under the Ohio Lemon Law?

In Ohio, the law covers vehicles for the first 18,000 miles or 12 months, whichever comes first. This includes passenger automobiles, motorcycles, pickup trucks, recreational vehicles, and any other motorized conveyance, provided it is for personal use and not designed to carry more than 2,000 pounds.

The one-year, 18,000-mile limit may be extended if the problem was discovered late in the protection period and repair attempts continue.

Ohio Lemon Law and Used Cars

Unfortunately, Ohio lemon law only applies to new cars, or cars that are less than one-year-old and driven less than 18,000 miles. Therefore, those looking to buy used vehicles should be wary since they won’t be protected by the state’s lemon laws.

The Legal Aid Society of Cleveland has tips for consumers considering a used car purchase in Ohio. Some car buyers assume that the seller or car dealer will be on the hook for defects that they don’t notice during the purchasing process, but that is not the case. Legal Aid points out that, in Ohio, even a car dealer can sell a car “as is” and without a warranty. The Society warns that if a car is sold with these two terms together, the dealer will not take any responsibility if the vehicle turns out to be a lemon after it is driven off the lot.

In addition, consumers who are not ready to pay for car repairs should be on the lookout for terms like “as they stand,” and “with all faults,” says Legal Aid. Even a window sticker stating “as is” has been determined to be enough to notify consumers that the vehicle is being sold without a warranty – meaning that the dealer won’t pay for repairs even if the vehicle breaks down the minute it leaves the lot.

The Legal Aid Society recommends that car buyers should either be prepared to pay for repairs or be sure to purchase vehicles with at least a 30-day warranty. Consumers can also ask if the vehicle is subject to a short returns period in case they change their mind, says Legal Aid.

When Can I File a Complaint?

Legally, the seller or manufacturer must be given a reasonable opportunity to rectify the problem with the vehicle. This means:

  • There have been at least three attempts to repair the same issue
  • The vehicle has been in the shop for at least 30 days during the warranty period
  • There have been at least eight attempts to repair varying problems
  • There has been one unsuccessful attempt to address a defect that could cause injury or death

If any of these conditions have been met, you are within your legal rights to demand a replacement or a refund of your purchase price.

How Do I Get a Refund or Replacement?

To get a refund or replacement for a lemon car in any state, you will need to send a certified letter to the manufacturer making the request. The letter should contain the Vehicle Identification Number (VIN), a list and description of all problems that have occurred, and what attempts have been made to address them, along with documentation. The best way to make sure that your vehicle is covered by the lemon law is to keep records of all the work done to repair your vehicle. Relevant records can include service records, communications with your dealer/manufacturer, phone records, and anything else that might establish that your vehicle qualifies as a lemon under state law.

Under the Ohio Lemon Law, you are entitled to a refund of the full purchase price, which includes transportation and delivery fees, finance and service contract charges, and tax and license fees.

Most vehicle manufacturers participate in an arbitration program approved by the Ohio Attorney General’s Office. This is a less adversarial process that goes much faster than a lawsuit, but if the vehicle’s manufacturer does not participate in an approved arbitration program – or arbitration does not resolve the issue – you may have to take your case to court.

Do I Need an Attorney?

If you live in Ohio and believe you have a vehicle that qualifies as a lemon under state law, you may have legal recourse under Ohio lemon law. Other states have lemon laws too, so if you find yourself in a similar situation in a different state, you may also be able to pursue compensation under the lemon laws of your state.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free Lemon Law Defective Vehicle Investigation

If you have a defective vehicle that is under warranty and is still not fixed after multiple attempts, you may qualify for help under your state’s Lemon Law.

(Note: Residents of North Carolina do not qualify for this investigation.)

Learn more by filling out the form on this page for a free case evaluation by experienced Lemon Law attorneys or call (877) 289-0615.

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If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.

PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.

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