Ohio's lemon law does not apply to used vehicles unless car buyers purchased their vehicles covered by existing warranties. The Ohio Lemon Law is codified in the Ohio Revised Code Sections 1345.71 through 1345.78. Consumers who purchase defective vehicles are eligible for a replacement of their vehicles or a return of their money if they are covered by the state's lemon law.
Coverage
The Ohio Lemon Law covers passenger cars, specific parts of motor homes not used for storage, cooking, sleeping or eating and noncommercial motor vehicles. "Passenger car" is defined as a vehicle not designed to carry over nine passengers. Pickup trucks used solely for business are not covered. However, trucks or farm vehicles used for non-business purposes and designed to carry less than 1 ton are covered. The Ohio Lemon Law covers new car purchasers, lessees who lease cars for at least 30 days and used car owners covered by a dealer's warranty.
Defects and Repairs
Under Ohio's Lemon Law, a car is a defective "lemon" if it does not conform to the dealer's express warranty or it substantially diminishes the safety, use or value. Once a consumer gives a dealer, private seller or manufacturer notice of the defect, the other party must have a reasonable period of time to attempt repairs. If it cannot repair the defect within three attempts in the one-year period or if the car has been out of commission for at least 30 days, Ohio law presumes the buyer gave the seller a reasonable number of attempts to repair. However, only one repair attempt is necessary if the defect is one that would likely cause serious injury or death. For less serious defects, dealers must have at least three opportunities to remedy defects but no more than eight opportunities.
Time Limitations
Consumers who are covered by the state's Lemon Law have five years from the original date of purchase to file complaints against defective car sellers, car manufacturers or car dealers. The five-year period does not count the time buyers were involved in alternative dispute proceedings. Although consumers have five years to file claims, they have only one year or 18,000 miles to discover defects, whichever occurs first.
Remedies
Buyers are entitled to receive a refund of the contract sales price, including dealer fees, insurance and warranty fees, sales tax, license and registration fees, and any incidental fees. Car buyers also have the legal right to accept a suitable replacement car. Furthermore, under Ohio law, a vehicle sold pursuant to the state's "buyback" program cannot be resold unless the buyback's original defect was not one that was likely to cause death or bodily injury. The seller must provide buyers with buyback disclosures stating in all capital letters and at least 10-point font of returns pursuant to the state's lemon laws.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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