Understanding Ohio’s Lemon Law For Used Cars: What Consumers Need To Know
A used car can seem like a fiscally responsible choice until ongoing mechanical issues make the initial purchase a money pit. Ohio consumers assume that the Lemon Law will safeguard their interests, but the coverage of used cars is not as comprehensive as new ones. It is vital to know what Ohio’s Lemon Law does and does not provide to ensure your interests are being protected.
Does Ohio’s lemon law apply to used cars?
While Ohio’s Lemon Law is geared toward new vehicles, there are certain provisions in the law that may cover used vehicles in limited circumstances, specifically when the used car has a manufacturer’s original warranty in place at the time of purchase, and the car defects occurred during the period of the manufacturer’s original warranty.
If a used car is being sold “as-is”, without a manufacturer’s original warranty, Ohio’s Lemon Law will not apply to the sale of the car.
What qualifies as a Lemon Law claim?
For the vehicle to be eligible for the Lemon Law, the following conditions normally must be met:
- The impairment has substantially impacted the use, value, or safety of the vehicle
- The impairment occurs while the vehicle warranty is still active
- A reasonable number of repair attempts has been granted to the manufacturer/dealer
- The impairment has yet to be resolved despite the repair attempts
Other legal protections for used car buyers
While the Lemon Law may not apply, the law remains on the side of the consumer. Ohio has the Consumer Sales Practices Act, which forbids deceptive and unfair business practices, including the following:
- Misrepresentation of the condition of the vehicle
- Failure to disclose known defects
- Advertising the vehicle as “certified,” “reliable,” etc., without it actually being so
- Rolling back the odometer, as well as concealing damage
Furthermore, warranties and service contracts, which are often given with used cars, can be enforceable.
Common issues with used car purchases
Common issues with used cars include numerous defects that the seller doesn’t necessarily know about. Such problems can arise shortly after the purchase of the car, and the repair costs may be more than the buyer expects.
Other cases have involved buyers realizing that the car they purchased has a history of repeated repairs and prior claims of the Lemon Law in another state, but they were never informed of this prior to purchase.
When to speak with a consumer protection attorney
If the dealer or manufacturer will not fix serious problems, refuses to provide warranty assistance, or misrepresents the conditions of the used car, legal advice can be very helpful. An attorney with experience in consumer law can evaluate the sales contract, warranty, and repair records to assess whether a Lemon Law, warranty, or consumer fraud case can be filed.
Used car purchases do not have to be a source of costly mistakes for consumers. Knowing your rights, as well as acting promptly if difficulties develop, can assist you in obtaining the remedies that are available if the used car has turned out to be a lemon.
Talk to a Dayton, OH, Consumer Protection Attorney Today
Kohl & Cook Law Firm, LLC, represents the interests of consumers who have purchased a bad car. Call our Dayton consumer lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
