Does Ohio’s Lemon Law Apply To Used Cars?
You’ve likely heard of the “lemon law,” which applies to recently purchased vehicles in the State of Ohio. It mostly applies to new cars, but can apply to used cars that have fewer than 18,000 miles on them and are less than a year old. The vast majority of used cars are more than a year old and have more than 18,000 miles on them. For that reason, Ohio’s Lemon Law mostly (if not entirely) applies to new cars. In other words, your rights are significantly different when purchasing a used car than they are purchasing a new car.
Understanding the Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act (MMWA) is a federal law passed in 1975 that governs warranties on various consumer products, such as cars, regardless of whether or not they are new or used. So long as there is a written warranty, your product is covered by the MMWA.
The main purpose of the MMWA is to protect consumers from deceptive guarantees and ensure that warranties are honored. If you purchased a used car with a warranty, your vehicle may be covered under the MMWA.
What does the MMWA do?
Some of the key aspects of the MMWA include:
- Requiring transparency and clarity – The MMWA requires written warranties to be titled as either “full” or “limited”, clearly stating the terms and conditions in simple language. The warranty must specify what’s covered, the duration of coverage, and the responsibilities of both the party that issues the warranty and the consumer.
- Implied warranties – The MMWA prevents those issuing a warranty from disclaiming or modifying implied warranties. Implied warranties are unwritten guarantees that a product is “fit for its intended purpose” and meets a minimum degree of quality. As an example, a used car is expected to be safe and reasonably free of defects.
- Prohibits “tie-in sales” provisions – The MMWA forbids clauses that require consumers to use a particular brand of product or service. For example, a warranty cannot require a consumer to use only original equipment manufacturer (OEM) parts or service the vehicle exclusively at the dealership, to maintain the validity of the warranty, unless the product or service is provided free of charge. If the manufacturer wants to deny the warranty claim, they must prove that a non-OEM party or service caused the defect itself.
What are the remedies for a breach of warranty under the MMWA?
The manufacturer must attempt to repair the defect. After a certain number of attempts, the MMWA allows the consumer to pursue legal action against the manufacturer. Remedies could include:
- Repairing the product
- Replacing the product
- Refunding the product (with a reasonable allowance for using it)
The MMWA allows the consumer to recover reasonable attorney fees and court costs if the consumer wins their lawsuit against the warrantor.
Talk to a Columbus, OH, Lemon Law Lawyer Today
Have you recently purchased a new car with a major defect? Have you purchased a used car covered under a warranty? If so, you file suit against the manufacturer if the vehicle doesn’t work as advertised. Call the Columbus lemon law attorneys at Kohl & Cook Law Firm LLC today to schedule an appointment, and we can begin discussing your next steps right away.
