What is Lemon Law?
Lemon Law protects buyers of new vehicles which turn out to have substantial problems, during a protection period. ‘Lemon’ refers to a new vehicle that has one or more warranty-covered issues that substantially impair the use, value or safety of the vehicle. New vehicles are covered under Lemon Law for the first 12 months since the start of ownership or first 18,000 miles, whichever comes first. In Ohio, Lemon Law applies to passenger cars, motorcycles, and other noncommercial motor vehicles, designed to carry no more than 1-ton load and is exclusively used for personal driving.
The law can also apply to used vehicles if they are less than a year old and have less than 18,000 miles driven on it.
Requirements Under Lemon Law
If you have discovered problems with your qualifying vehicle that ‘substantially impair the use, value or safety of the vehicle’, you need to take it back to the dealer or the manufacturer. You must give them a reasonable amount of time to repair the issues. You need to ensure that you are keeping all records of any problems, defects, repairs and maintenance completed on the vehicle. You also need to request repair orders from the party working on the issues, to have it for reference in case the issue continues. Four questions can help determine whether under Ohio law you are eligible for replacement of the lemon, or refund.
- Have three or more attempts been made to repair one problem and the problem continues?
- Has the vehicle been in repair for a cumulative 30 days or more?
- Have eight or more attempts been made to fix different problems with the vehicle?
- Has one unsuccessful attempt been made to fix a problem that could cause death or serious injury?
If you answered “yes” to any of the four, see below for available remedies.
If you qualify for a remedy based on one of the four categories mentioned above, you need to send a certified letter to a manufacturer attaching a list of problems with the vehicle, attempts made to repair the issues, and the VIN for the vehicle.
You have two options available for a remedy. You can either ask to get a new replacement vehicle or you can ask for a full refund. The refund should include the price of the car, the costs of financing and any taxes or government charges charged during the purchase.
If you believe your vehicle contains ‘lemons’, contact us today at (440) 271-3581 to discuss your rights.