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Lemon Law Basics: Ohio Lemon Laws
Summary of Ohio Lemon Law
What vehicles are covered under Ohio lemon law?
Ohio lemon law covers passenger vehicles that are used for noncommercial
purposes. Covered vehicles include the portions of motor homes not used
for living purposes, vehicles which carry no more than nine people (or
15 people if used for ridesharing purposes), and farm trucks and other
trucks that can carry no more than one ton, so long as they are not used
for business purposes. Ohio lemon law covers both purchased and leased
vehicles, as well as used vehicles if the manufacturer's warranty still
applies.
What protections do I have under Ohio lemon law?
Ohio lemon law says that if a consumer notifies a manufacturer that their
vehicle has a serious defect which prevents the vehicle from conforming
to its warranty, the manufacturer must repair the nonconformity at no
charge. A serious nonconformity is one that negatively influences the
vehicle's use, value, or safety. A manufacturer is not liable for nonconformities
that were caused by abuse or modification by the consumer. Notification
of the nonconformity must be given within the first year of vehicle possession
or first 18,000 miles, whichever comes first, though repairs can extend
beyond this date. If a manufacturer cannot repair the nonconformity after
a reasonable number of attempts, the vehicle must be replaced or repurchased.
What must occur before seeking settlement under the Ohio lemon law?
Ohio lemon law presumes that the manufacturer has had a reasonable chance
to repair the nonconformity after three unsuccessful attempts to repair
the same nonconformity, or after eight attempts to repair a series of
nonconformities, or after one attempt to repair a life-threatening nonconformity,
or 30 calendar days during which the vehicle was out of commission for
repairs.
Filing a claim under Ohio lemon law
Ohio lemon law requires repurchase or replacement of a lemon vehicle only
if the consumer attempts to settle the matter using an informal arbitration
board before bringing the case to court. This board must be approved by
the Attorney General. If the board is not able to come to a satisfactory
decision or a qualified board cannot be located, the case may be brought
to court. All Ohio lemon law claims must be made within five years of
vehicle possession. Time spent in an informal arbitration board is not
counted toward these five years.
What are the settlement details under Ohio lemon law?
If an owned vehicle is repurchased under Ohio lemon law, the manufacturer
must pay a sum which includes the full purchase price of the vehicle,
dealer preparation, delivery, and other charges paid at the time of purchase,
fees for service contracts and warranties, government charges like tax,
tags, and registration, and incidental costs like fees charged for getting
the car loan or towing costs incurred because of the nonconformity.
If a leased vehicle is repurchased under Ohio lemon law, the manufacturer
must pay a sum which includes all costs incurred by the consumer, such
as security deposits, monthly payments, finance and contract charges,
and the residual value of the vehicle. Incidental costs incurred while
making or breaking the lease or because of the nonconformity, such as
towing or alternate transportation, must also be included.
If a vehicle is repurchased under Ohio lemon law, the new vehicle must
be approved by the consumer.
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