Understanding Ohio's Lemon Law: The Duration Explained

how long does the lemon law apply in ohio

Ohio's Lemon Law protects consumers who buy or lease a new vehicle and find that it has serious problems. The law covers warranty issues that impair a vehicle's use, value, or safety, as long as these issues occur and are reported within the first 12 months or 18,000 miles, whichever comes first. This law gives consumers the right to request a refund, replacement, or compensation if their vehicle is found to be a lemon. In Ohio, a lemon is a motor vehicle with problems covered by the warranty that significantly impair its use, value, or safety. This law also applies to used cars, giving consumers additional rights and protections.

Characteristics Values
Applies to Passenger cars, motorcycles, noncommercial motor vehicles, motor homes
Vehicle age Less than one year old
Mileage Less than 18,000 miles
Consumer location Ohio
Consumer rights Refund, replacement or cash compensation
Manufacturer's duty Repair, replace or repurchase the vehicle
Arbitration Binding only when accepted by the consumer
Lawsuit Can be filed within five years of the delivery of the vehicle
Reselling lemons Allowed, but with a fair warning notice

lawshun

Lemon law for used cars

In Ohio, consumers are protected by lemon laws when they buy or lease a new vehicle and find that it has serious problems. This law covers warranty issues that substantially impair the vehicle's use, value, or safety, as long as those issues are reported within the first 12 months or 18,000 miles, whichever comes first. Lemon laws do apply to used vehicles in Ohio, but there are some important distinctions to be aware of.

Firstly, for a used car to be covered by the Ohio Lemon Law, it must have been purchased within one year and 18,000 miles of its original, "new" delivery date. This means that the lemon law coverage for used cars in Ohio is based on the original purchase date, not the date the current owner acquired the vehicle. So, if you buy a used car in Ohio, be sure to ask about the original delivery date to determine if it is still within the lemon law coverage period.

Secondly, it is important to understand that the federal Magnuson-Moss Warranty Act, also known as the Federal Lemon Law, also covers used cars in Ohio. This law applies if you receive any written warranty from the dealer when purchasing a used car, even if it is only for one day. The law requires the dealer to repair the vehicle within a reasonable number of attempts and within a reasonable amount of time. If they fail to do so, you may be entitled to a refund.

Additionally, the Ohio Consumer Sales Practices Act and the Motor Vehicle Sales Rule provide further protection for used car buyers. These laws make it illegal for dealers to misrepresent various aspects of the vehicle or the transaction, and they give buyers certain rights and remedies if misrepresentations occur.

In conclusion, while the Ohio Lemon Law does apply to used cars, there are specific conditions and time frames that must be met to qualify for protection. The federal Magnuson-Moss Warranty Act and other state laws also offer important protections for used car buyers in Ohio, so it is worth seeking legal advice if you believe you have purchased a lemon.

lawshun

Lemon law for leased vehicles

Ohio's lemon law protects consumers who lease a new vehicle and encounter significant issues. The law covers warranty issues that significantly impair the vehicle's use, value, or safety, as long as these problems occur and are reported within the first 12 months or 18,000 miles, whichever comes first. Leased vehicles are covered under this law, but only if they are less than a year old and have been driven for fewer than 18,000 miles.

To be eligible for protection under the lemon law, consumers must lease the vehicle in Ohio for 30 days or more. The law also covers the subsequent transferee of the leased vehicle if it is acquired during the warranty period.

If a leased vehicle has a defect that falls under the lemon law, the manufacturer or dealer must be given a reasonable opportunity to fix the problem. In Ohio, the manufacturer is presumed to have had a reasonable opportunity to repair the vehicle if:

  • The same nonconformity has been subject to repair three or more times and continues to exist
  • The vehicle is out of service for repairs for a cumulative total of 30 or more calendar days
  • There have been eight or more attempts to repair any nonconformity that significantly impairs the vehicle's use and value
  • There has been at least one attempt to repair a nonconformity that could result in death or serious injury if the vehicle is driven, and the issue persists

If the vehicle's defect(s) persist after these repair attempts, it is considered a lemon. At this point, the manufacturer must either replace the vehicle with an acceptable new vehicle or repurchase the vehicle, giving the consumer the right to choose between these two options.

In the case of a leased vehicle, the compensation includes the down payment, security deposit, taxes, title fees, all monthly lease payments, and the residual value of the vehicle. Additionally, all finance, credit insurance, warranty, and service contract charges, as well as any fees charged by the lender or lessor for making or canceling the lease, must be reimbursed.

It is important to note that Ohio's lemon law does not cover defects or conditions that result from abuse, neglect, or unauthorized modifications or alterations to the vehicle.

HIPAA Laws: What Happens After Death?

You may want to see also

lawshun

Lemon law for motorcycles

The Ohio Lemon Law covers motorcycles and ATVs. If you have purchased a new motorcycle that turns out to be a lemon, the law will help you get rid of it.

A motorcycle is considered a lemon if it meets one of the following criteria:

  • The same defect occurs three times without getting repaired after the third attempt. The defect must be substantial and affect the use, safety, or value of the vehicle.
  • The motorcycle has been in the shop for warranty repairs for a total of 30 or more days (including weekends and holidays) within the first year or 18,000 miles, whichever comes first.
  • Eight or more different substantial defects have been reported. Eight is the maximum number of defects allowed under the Ohio Lemon Law.
  • The motorcycle has a "deadly" defect that was not fixed on the first attempt. This could be a defect that is likely to cause an accident or serious injury.

If your motorcycle meets any of these definitions, you have the right to ask the manufacturer for a replacement motorcycle of the same year, make, and model, or a full refund, including towing and manufacturer after-purchase accessories. If the manufacturer does not agree to repurchase or replace your motorcycle, you can make them pay your attorney fees if you file a lawsuit.

It is important to note that the Ohio Lemon Law only applies to new vehicles purchased or leased in Ohio and does not cover vehicles that are more than one year old or have been driven more than 18,000 miles.

In addition to the state lemon law, the Federal Lemon Law, known as the Magnuson-Moss Warranty Act, also covers used motorcycles in Ohio. This law requires the dealer to repair the vehicle within a reasonable amount of time and number of attempts if a warranty or service contract was provided. If the dealer fails to do so, you may be entitled to a refund.

To protect yourself, it is recommended to keep good records of all warranty and repair orders, document the vehicle's problems and defects, and follow the maintenance requirements outlined in the owner's manual.

lawshun

Lemon law for motor homes

In Ohio, lemon laws apply to motor vehicles purchased or leased in the state. This includes motor homes, except for cooking and sleeping facilities. The law covers warranty issues that significantly affect the vehicle's use, value, or safety, as long as these issues are reported within the first 12 months or 18,000 miles, whichever comes first.

To be considered a lemon in Ohio, a motor home must meet certain criteria. It must still be under warranty and have had at least two failed attempts to fix an issue. The issue must render the motor home unable to drive and significantly decrease its value. Additionally, the problem must have arisen within the first 18 months or 18,000 miles of ownership.

If your motor home meets these conditions, you may be protected under Ohio's lemon law. The law requires the manufacturer or dealer to have a reasonable opportunity to repair the problem. In Ohio, this typically involves three or more repair attempts or the vehicle being out of service for a cumulative total of 30 or more calendar days. If the manufacturer or dealer is unable to resolve the issue, they are obligated to replace or repurchase the vehicle.

It is important to note that lemon laws can vary from state to state, and some states may have additional requirements or exclusions. Therefore, it is always advisable to consult with an experienced lemon law attorney to understand your specific rights and options.

lawshun

Lemon law for trucks

In Ohio, lemon laws cover consumer trucks designed to carry a normal load, including pickup trucks, farm trucks, and vans. These laws also cover sport utility vehicles designed for consumer use.

Lemon laws in Ohio protect consumers who buy or lease a new vehicle and find that it has serious problems. The law covers warranty issues that substantially impair the vehicle's use, value, or safety, as long as these problems are reported within the first 12 months or 18,000 miles, whichever comes first. It's important to note that vehicles over one year old or with more than 18,000 miles are not covered.

If you experience issues with your truck during the protection period, the manufacturer or dealer must be given a reasonable opportunity to fix the problem. Under Ohio law, it is presumed that the manufacturer has had a reasonable opportunity to repair your vehicle if:

  • The same nonconformity has been subject to repair three or more times and continues to exist.
  • The vehicle has been out of service for repair for a cumulative total of 30 or more calendar days.
  • There have been eight or more attempts to repair any nonconformity that significantly impairs the use and value of the truck.
  • There has been at least one attempt to repair a nonconformity that could result in death or serious bodily harm if the vehicle is driven, and the issue persists.

If the manufacturer or dealer is unable to resolve the issue, they are obligated to replace the truck with an acceptable new vehicle or repurchase it. Consumers in Ohio have the right to choose between a replacement or refund, which is a unique aspect of the state's lemon law.

In addition to the state lemon law, federal lemon laws, such as the Magnuson Moss Warranty Act, also provide protection for used truck purchases. This federal law requires the warrantor, typically the selling dealer, to repair the vehicle within a reasonable number of attempts and a reasonable amount of time. If they fail to do so, you may be entitled to a refund.

Frequently asked questions

The lemon law in Ohio applies for the first 12 months or 18,000 miles of owning a vehicle, whichever comes first.

The repair attempts may extend beyond the protection period. If the problem is not corrected, you might be eligible for a refund or replacement.

The lemon law in Ohio covers passenger cars, motorcycles, and other noncommercial motor vehicles such as farm/pickup trucks designed to carry no more than a one-ton load, and motor homes (except cooking and sleeping facilities).

If you think you have a lemon law case, you should contact a lawyer who can advise you of your rights. You can also call Ohio's Used Car Lemon Law Hotline at 1-888-331-6422 for free legal help.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment