Ohio Car Sales Lemon Laws

There is nothing quite like the thrill of a new vehicle. That beautiful leather interior smells fresh and new. The shiny, flawless paint job pleases the eyes. How about that smooth ride while cruising down the Buckeye State streets and highways? However, that dream ride can soon turn into a nightmare with repeated mechanical problems and trips to the repair shop. If that keeps occurring, you may have bought a lemon.

Definition

The Ohio Attorney General defines a lemon as a motor vehicle that has a problem that substantially impairs the use, safety and value of the vehicle. Those who have had problems with a vehicle during the first year or first 18,000 miles should ask the dealer or manufacturer to make the necessary repairs. The vehicle may be considered a lemon if the dealer or manufacturer fails to do so after being given a reasonable opportunity. Unfortunately, most used cars are not covered by Ohio lemon laws.

Reasonable Opportunity

Any one of the following four conditions makes a vehicle a lemon under Ohio law. The problem still exists after three or more attempts to fix it. The vehicle has been in the repair shop for at least 30 days during the first year or 18,000 miles. At least eight attempts have been made to fix different problems. One unsuccessful attempt has been made to fix a problem which could cause death or serious injury.

Seeking Resolution

Ohio consumers can ask the manufacturer for a full refund or a replacement vehicle if one of the four conditions are met. Send a certified letter to the manufacturer and explain what the problems with the vehicle are; go over what you've done to solve the problems. The manufacturer may then try to negotiate a solution with the vehicle owner. However, if the manufacturer balks at finding a solution, the vehicle owner can file for arbitration.

Arbitration and Civil Suit

Arbitration is the process by which a neutral third party helps find a resolution when the consumer and manufacturer cannot. The Ohio attorney general has a listing of approved arbitrators. The consumer does not have to accept the arbitrator's ruling, however. The consumer can file a civil lawsuit in common pleas court within five years of purchase against the manufacturer for the vehicle price and attorney fees. Be sure to get an attorney knowledgeable in lemon laws. Plan for the possibility of a lengthy court case.

Protecting Yourself

The Ohio Attorney General advises consumers to keep good maintenance records regarding their new car purchases. That includes keeping track of any problems with the vehicle. Keep all warranty and repair records. Make sure to read the owner's manual to learn what maintenance the vehicle requires. Failure to perform the recommended maintenance may relieve the manufacturer of any responsibility if a problem occurs. That could leave the owner with an expensive repair bill.

References

• Ohio Attorney General