What Is the 3-Day Lemon Law in Ohio?
There is nothing worse than buying a car that spends more time with the mechanic than it does getting you where you need to do. When you are to the point that the mechanic knows your name and the names of your kids, it might be time to invoke the lemon law. Ohio has a three-day lemon law, so if your car is not operating as promised, you can be compensated for your inconvenience and secure a more reliable vehicle.
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Definition of the Lemon Law
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The Ohio lemon law covers cars that have defects or persistent problems within the first 12 months or 18,000 miles, whichever occurs first, and that cannot be repaired after three or more repeated attempts by a authorized dealership. The statute also covers cars that have been in for repair eight times in 12 months or 18,000 miles, whichever occurs first. Furthermore, if the vehicle has been in the shop 30 days or more in past year or is exhibiting problems that are significant enough to cause bodily injury or death, the car can be covered under the law.
Vehicles Covered
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The law covers new cars purchased from dealerships or factory-direct purchases. It also covers noncommercial motor vehicles such as motorcycles, motor homes, all-terrain vehicles and other recreational vehicles. It does not cover pre-owned cars or vehicles bought through private sale.
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Refund
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To invoke the lemon law and receive a refund, a vehicle owner must contact the dealership where the vehicle was purchased and state that she wants to invoke Ohio's lemon law and wants a manufacturer's refund of the purchase price for the vehicle. According to Sections 1345.71-1345.77 of the Ohio State Statutes, if there is a lien (car loan), the lien holder will be reimbursed first and can deduct any reasonable fees charged for cancelling the loan. The balance, if any, will be remitted to the owner.
Replacement
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A vehicle owner who feels her current vehicle meets the lemon law requirement can request a replacement vehicle from the manufacturer. To do so, the owner much notify the dealership that he plans to invoke the Ohio lemon law and requests a replacement vehicle. The manufacturer will replace the vehicle. If there is a lien involved, the title from the previous vehicle will be nullified and a new title for the replacement car will be issued.
Considerations
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Legal representation is not required to invoke Ohio's lemon law, but many manufacturers fight lemon law claims because they affect the manufacturer's bottom line. Having legal representation is advisable. When seeking representation, avoid attorneys who take your case on a "contingency" basis. Ohio lemon law attorneys use a payment system where their payment comes from the manufacturer if you win your case. There should be no out-of-pocket costs for the vehicle owner.
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References
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