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Ohio Lemon Law Information
Ohio legislators
passed one of the most comprehensive lemon laws in the nation in
1987. It requires automakers to repair defects that affect the use,
value, or safety of a new motor vehicle within the first 12 months
or 18,000 miles (whichever comes first). If you are having problems
with your NEW purchased or leased vehicle, you should immediately
take it to an authorized dealer for repair.
The automaker or
dealer must be given a reasonable opportunity to fix the problem,
and if the problem is not corrected, you might be eligible for a
refund or replacement. You are covered by this law even if the
problem was discovered late in the protection period and the repair
attempts extend beyond one year or 18,000 miles. Failure to
comply with parts of Ohio's Lemon Law is a violation of Ohio's
Consumer Sales Practices Act.
What Is a Lemon?
A lemon is a motor
vehicle that has a problem or problems, covered by the warranty,
that substantially impairs the use, value, or safety of that
vehicle. If you have had problems within the first year or 18,000
miles with your passenger car, light truck (no more than one ton
load capacity and not used in business), or motorcycle, you should
take it back to the manufacturer or the dealer and ask them to fix
it. If they fail to correct the problem(s) after being given a
reasonable opportunity to do so, you might own a lemon.
Has the
Manufacturer Had a Reasonable Opportunity to Repair the Vehicle?
If you can answer
"yes'' to any of the following four questions. the manufacturer is
presumed to have had a reasonable opportunity to repair your vehicle
under Ohio law.
1.
Have three or more attempts been made to repair one problem and
then the problem occurs again?
2.
Has the vehicle been in the shop for 30 days or more during its
first year or 18.000 miles?
3.
Have eight or more attempts been made to fix different problems
that impair the use, value or safety of the vehicle?
4.
Has one unsuccessful attempt been made to fix a problem that could
cause death or serious injury?
If you answered
"yes" to at least one of these four questions. you have the legal
right to ask the manufacturer to replace the lemon or refund the
entire purchase price.
Send a certified
letter to the automaker's "Zone Office." You can find the address in
your owner's manual, or ask your auto dealer. In the letter, list
the problems you've had with the car, and what attempts have been
made to correct them. Finally, your letter should indicate whether
you want the car replaced or the refund for your full purchase
price. Be sure to keep a photocopy of your letter for your records.
Litigation must be brought within five years of the date of the
original delivery of the motor vehicle.
Will the
Manufacturer Refund the Full Purchase Price of the Vehicle?
Once it is clear
that your vehicle has not been fixed, the automaker must, at your
option, give you a new vehicle or refund the "full purchase price."
That price includes all of the following:
- The price for
the car plus the costs for transportation, dealer preparation,
delivery, dealer installed accessories, and other services.
- The costs for
financing and credit insurance, as well as any warranty and
service charges.
- Taxes and any
other government charges, including state sales tax, license fees
and registration fees.
Sometimes an
automaker will agree with your claim and work to replace your lemon
as quickly as possible. In most cases, the manufacturer will request
an additional opportunity to repair the vehicle. They may try to
negotiate a mutually satisfactory resolution with you. The
manufacturer or dealer should advise you about an arbitration
program available to informally resolve disputes. If you apply for
arbitration, you should expect to wait several weeks for your
hearing to be scheduled. Informal arbitration is, however, much
faster and less formal than a court proceeding.
What Is
Arbitration?
Arbitration allows
a neutral third party to make a decision about your case based on
the merits of the claim. The Attorney General's Office has rules for
approval of arbitration programs that are intended to ensure a fair
and timely resolution to the dispute.
Most automakers
participate in some kind of arbitration program. Some of these have
been approved by the Attorney General, but others have not. If a
program has been approved by the Attorney General, you must go
through arbitration before you have the right to file a lawsuit.
Contact the Attorney General's Consumer Protection Section to learn
which manufacturers have approved arbitration programs.
You can find
information from your dealer or with the warranty materials
explaining how to apply for arbitration. For approved arbitration
programs, you have the right to request an oral hearing of your
case. These hearings are frequently conducted by telephone
conference call for the convenience of all parties.
Whether the
arbitration program has been approved or not, decisions reached
through arbitration are not binding on the consumer.
Should I Take My
Case to Court?
If the automaker
does not have an arbitration program approved by the Attorney
General, or if you are unhappy with the outcome of the arbitration,
you may want to take your case to court. You can file a civil suit
to recover the total cost of the vehicle and any attorney's fees you
have incurred.
What Are the
Responsibilities of the Manufacturer and the Dealer ?
Manufacturers and
dealers are required to provide more information to consumers than
ever before. Manufacturers must provide this written statement to
every new car buyer to inform you of your legal rights under Ohio's
Lemon Law.
IMPORTANT:
If this vehicle is defective, you may be entitled under state
law to a replacement or to compensation.
Dealers are
required to give you a fully itemized, written work order each time
you take your vehicle in for repairs or services even if the work is
paid for under the manufacturer's warranty. Work orders must list
all the work performed, what parts were used, and the cost for parts
and labor if not covered under warranty.
Is There Protection
for Used Car Buyers?
If you are
looking at buying a used car, keep in mind that Ohio's Lemon Law
does not apply to motor vehicles more than one year old or driven
more than 18,000 miles.
Also keep in mind
that lemons returned to the manufacturer or dealer can be resold to
consumers only under certain conditions. A used car dealer must give
you the following statement to read and sign before selling you a
returned lemon.
WARNING: This
vehicle was previously sold as new. It was returned to the
manufacturer or its agent in exchange for a replacement vehicle or
refund as a result of the following defect(s) or
conditions..........
The automaker must give you at
least a 12 month, 12,000 mile warranty that offers the same coverage
as the original new car warranty, or the remaining term of any
manufacturer's original warrant..
The notice and warranty are
required even if the car was returned as a lemon under the law of
another state. The notice and warranty serve as your warning that
you are buying a vehicle returned as a lemon.
In addition,
manufacturers must obtain certificate of titles for returned lemons
that include the following disclosure:
BUYBACK:
THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT MAY NOT
HAVE CONFORMED TO ITS WARRANTY;
Do I Have the Same Protection as a
New Car Buyer?
A returned lemon buyer is NOT
entitled to the same legal protection as a new car buyer. You are
provided only with the fair warning notice and warranty protection
described above.
If an automaker or its authorized
dealer sells a returned lemon as a used vehicle without giving you
the notice and the warranty, it could be a violation of the Consumer
Sales Practices Act. If this is the case, Attorney General
Montgomery can file a legal action against the automaker or its
dealer for a refund of the purchase price and seek a civil penalty.
You also have the right to file your own lawsuit to recover your
money.
Any vehicle returned to the
automaker for a problem that could cause death or serious injury
may not be sold in the State of Ohio.
How Can I Protect Myself?
If you buy a new vehicle, please
take the following precautions just in case it turns out to be a
lemon. It will cost you nothing if you do. It could cost you
thousands if you don't.
Your best protection is good
record keeping and an accurate maintenance history.
Keep all warranty and repair
orders. Each order should contain a fully itemized list of
repairs, show what the repairs cost if not covered under warranty,
and include the length the car was in the shop. (Check every
work order you receive to make sure it includes all the
information, even if the work was done under warranty.
Write down your vehicle's
problems and defects. Give a copy of the list to the service
person at the dealership. Any recurring problems should be
described the same way each time you take the car back.
File repair records in the
order they were received. Your files also should contain
copies of all documents, repair orders, receipts, and other
written information you have used to explain the problem to the
service person.
Read and understand your
owner's manual. Follow the maintenance requirements. If the
manufacturer can show that you have not maintained your car
properly, you might not be eligible for a refund or replacement.
Where Can I Get More Information?
If you would like
additional information, please contact:
The
Attorney General's
toll free Consumer Protection Line:
1-800-282-0515
or write:
The
Attorney General's
Consumer Protection Section
30 E. Broad Street, 14th Floor
Columbus, Ohio 432153428 |
