Understanding Ohio’s Lemon Law: What To Do After Buying A Defective Vehicle

One of the largest purchases that people make in their lives is the purchase of a new car. But what happens when that car is a lemon? It can quickly turn into a financial nightmare. Fortunately, Ohio has some important protections in place for consumers in the form of the Ohio Lemon Law. It is important to know how these protections work in the case of a defective car.
What is Ohio’s lemon law?
Ohio’s Lemon Law was created to safeguard consumers who purchase or lease a new vehicle that contains serious defects that impair safety, value, or use. The law requires a manufacturer to provide a replacement vehicle or a refund if a defect substantially impairs a vehicle and repairs cannot be made after a reasonable number of attempts.
The law applies to new vehicles, including cars, motorcycles, and leased vehicles, but not to used vehicles unless they still have an original manufacturer’s warranty.
What qualifies as a “lemon”?
A vehicle can qualify as a lemon if it has a defect that continues to exist even after reasonable repair attempts have been made to fix the problem. Under Ohio law, there is a presumption that a vehicle is a lemon if, within the first year or 18,000 miles, whichever occurs first:
- The same defect has been the subject of three or more repair attempts and still exists, or
- The vehicle is out of service for 30 or more days for one or more defects.
The defect does not have to be in operation but must substantially impair the use, value, or safety of the vehicle.
Steps consumers should take
If you suspect that your car may be covered under Ohio’s Lemon Law, documentation is key. Keep all documents related to orders to have your car repaired, dates that your car was out of service, and any other relevant expenses.
Consumers must notify the manufacturer and allow it one last chance to fix the problem. Failure to follow this procedure will void your claim, even if it is legitimate.
Available remedies
If the vehicle is deemed to be a lemon, consumers have the right to either:
- A replacement vehicle with similar value to the original vehicle, or
- A refund of the original purchase price, deducting a reasonable amount for use.
Additionally, manufacturers may be liable for other expenses, such as towing and rental cars. However, the most significant aspect of this law is that when a consumer prevails, they are eligible to recover their attorney fees.
Why legal representation matters
Manufacturers and car dealerships will sometimes fight lemon law claims, or make the process drag on in the hope that the consumer will get discouraged and abandon their claim.
A seasoned consumer protection law attorney can assess whether the vehicle qualifies under the lemon law statute, deal with the manufacturer on the consumer’s behalf, and secure the maximum relief that is available under Ohio law.
Talk to a Dayton, OH, Lemon Law Attorney Today
Kohl & Cook Law Firm, LLC, represents the interests of Ohio residents who recently purchased a bad car. Call our Dayton lemon law attorney today to schedule an appointment, and we can begin discussing your next steps right away.