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Chernosky Law Offices - Lemon Lawyers - Blog

Thursday, October 23, 2008

Lemon Law Attorney in Ohio

If you are searching for an experienced attorney in Ohio to handle your lemon law case, look no more. The lemon law attorneys at Chernosky Law Offices have succesfully represented thousands of Ohio consumers. We have represented car owners, motorhome owners, truck owners, SUV aowners, motorcycle owners, 5th wheel RV owners, camper owners, trailer owners, and so on and so forth. A lemon lawyer in ohio can get their fee paid by the manufacturer and we do not charge you anything- EVER. There is no fee up front. Our attorney fee gets paid when our lemon lawyer wins your case.

Posted by Dave Chernosky at 10:58 PM | Lemon Lawyer | Comments (0) | Link


Thursday, October 23, 2008

Ohio Lemon Law Details

Ohio Lemon Law
Ohio Revised Code, 1345.71 to 1345.77

1345.71 Definitions.

As used in sections 1345.71 to 1345.77 of the Revised Code:

(A) "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of the express warranty that is applicable to the motor vehicle, and any other person who is entitled by the terms of the warranty to enforce the warranty.

(B) "Manufacturer" and "distributor" have the same meanings as in section 4517.01 of the Revised Code, and manufacturer includes a re-manufacturer as defined in that section.

(C) "Express warranty" and "warranty" mean the written warranty of the manufacturer or distributor of a new motor vehicle concerning the condition and fitness for use of the vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

(D) "Motor vehicle" means any passenger car or noncommercial motor vehicle as defined in section 4501.01 of the Revised Code, or those parts of any motor home, as defined in section 4501.01 of the Revised Code, that are not part of the permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping, but does not mean any mobile home as defined in division (O) of section 4501.01 of the Revised Code, recreational vehicle as defined in division (Q) of that section, or manufactured home as defined in division (C)(4) of section 3781.06 of the Revised Code.

(E) "Nonconformity" means any defect or condition which substantially impairs the use, value, or safety of a motor vehicle and does not conform to the express warranty of the manufacturer or distributor.

(F) "Full purchase price" means the contract price for the motor vehicle, including charges for transportation, dealer-installed accessories, dealer services, dealer preparation and delivery and collateral charges; all finance, credit insurance, warranty and service contract charges incurred by the buyer; and all sales tax, license and registration fees, and other government charges.

1345.72 Duty to repair nonconforming new motor vehicles.

Consumer's options when repairs unsuccessful.

(A) If a new motor vehicle does not conform to any applicable express warranty and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the period of one year following the date of original delivery or during the first eighteen thousand miles of operation, whichever is earlier, the manufacturer, its agent, or its authorized dealer shall make any repairs as are necessary to conform the vehicle to such express warranty, notwithstanding the fact that the repairs are made after the expiration of the appropriate time period.

(B) If the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition that substantially impairs the use, safety, or value of the motor vehicle to the consumer after a reasonable number of repair attempts, the manufacturer shall, at the consumer's option, and subject to division (D) of this section replace the motor vehicle with a new motor vehicle acceptable to the consumer or accept return of the vehicle from the consumer and refund each of the following:

(1) The full purchase price including, but not limited to, charges for undercoating, transportation, and installed options;

(2) All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;

(3) All finance charges incurred by the consumer;

(4) All incidental damages, including any reasonable fees charged by the lender for making or canceling the loan.

(C) Nothing in this section imposes any liability on a new motor vehicle dealer or creates a cause of action by a buyer against a new motor vehicle dealer.

(D) Sections 1345.71 to 1345.77 of the Revised Code do not affect the obligation of a consumer under a loan or retail installment sales contract or the interest of any secured party, except as follows:

(1) If the consumer elects to take a refund, the manufacturer shall forward the total sum required under division (B) of this section by an instrument jointly payable to the consumer and any lien holder that appears on the face of the certificate of title. Prior to disbursing the funds to the consumer, the lien holder may deduct the balance owing to it, including any reasonable fees charged for canceling the loan and refunded pursuant to division (B) of this section, and shall immediately remit the balance if any, to the consumer and cancel the lien.

(2) If the consumer elects to take a new motor vehicle, the manufacturer shall notify any lien holder noted on the certificate of title under section 4505.13 of the Revised Code. If both the lien holder and the consumer consent to finance the new motor vehicle obtained through the exchange in division (B) of this section, the lien holder shall release the lien on the nonconforming motor vehicle after it has obtained a lien on the new motor vehicle. If the existing lien holder does not finance the new motor vehicle, it has no obligation to discharge the note or cancel the lien on the nonconforming motor vehicle until the original indebtedness is satisfied.

1345.73 Presumption of reasonable number of attempts to repair.

It shall be presumed that a reasonable number of attempts have been undertaken by the manufacturer, its dealer, or its authorized agent to conform a motor vehicle to any applicable express warranty if, during the period of one year following the date of original delivery or during the first eighteen thousand miles of operation, whichever is earlier, any of the following apply:

(A) Substantially the same nonconformity has been subject to repair three or more times and continues to exist;

(B) The vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days;

(C) There have been eight or more attempts to repair any nonconformity that substantially impairs the use and value of the motor vehicle to the consumer;

(D) There has been at least one attempt to repair a nonconformity that results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven, and the nonconformity continues to exist.

Posted by Dave Chernosky at 10:57 PM | | Comments (0) | Link


Thursday, October 23, 2008

Ohio Lemon Law Basics

The Ohio Lemon Law is still one of the strongest laws in the country. But you will more than likely need an experienced Ohio Lemon Lawyer to help you prove your case to the manufacturer. They do not want to repurchase your vehicle or replace it. Our Ohio Lemon Attorneys have had great success. Here are some of the basics:

The Ohio Lemon Law first requires that you report your defect in the first year and 18000 miles of your ownership. So do not delay. Bring your vehicle in if you have any trouble at all.

The Ohio lemon law states that the defect has to be substantial. We have won cases for our clients with all kinds of defects. Problems with an engine or transmission are obviously substantial. But any and all defects can arguably be substantial. So do not guess. The lemon law attorneys at Chernosky Law Offices will be able to tell you from years of experience whether or not we can win your case. 

In order to make a claim under the Ohio Lemon Law you have to give the manufacturer a chance to repair the problem. The Lemon Law in Ohio states that you should give them several chances. But our lemon lawyers have won cases where the vehicle is back one or two times.

Finally, if the vehicle you own or lease is out of service for 30 days or more in the first year because of repairs, chances are that our lemon lawyers in Ohio can get your vehicle repurchased or replaced. You get to choose.

The key is this, we get our fee paid by the manufacturer. So use the resources available to you. Contact us and you will not only get a free no-obligation first interview, when we handle your case you will not have to pay our fee. That is the most powerful aspect of the ohio lemon law and the most important part of having an Ohio lemon lawyer represent you.

Posted by Dave Chernosky at 10:36 PM | Ohio Lemon Law | Comments (0) | Link


Tuesday, October 7, 2008

Chevrolet Stinks (Auto Odors)

We have had several cases recently where the client complains about an odor that can't be fixed in their 2006 and 2007 model year Chevrolet Siverado. The dealer often claims they do not notice the odor, or they claim it is "normal", or they tell you they will do a repair that GM recommends which does not actually fix the problem. We have come to learn that GM is acutally aware of the odor problem stemming from their HVAC system. The odor may even be unhealthy. While this may not be a situation where the vehicle is "substantially impaired", thereby giving rise to full lemon law rights, it is something that you should at least be compensated for. If you purchased a Chevy Silverado in Ohio or PA, and General Motors says you have to deal with its odor problem as there they have done all they can do, then that really stinks. Call us toll free at 866-568-0064 or send us your information in the form at www.lemonlawyerinfo.com and we WILL help you deal with GM at no cost to you. That is our guarantee at www.lemonlawyerinfo.com.

Posted by Dave Chernosky at 11:29 PM | General Motors | Comments (0) | Link


Tuesday, October 7, 2008

Recent GMC Recalls

In August 2008 General Motors Corporation had two interesting recalls. We are posting them here because we have handled many lemon law cases in Ohio and Pennsylvania involving electrical issues with automobiles. Here are two of them to keep an eye out for:

2007 Chevrolet Silverado Electrical recall

2007 GMC Sierra Electrical System recall

If you have one of these vehicles and are experiencing electrical problems contact us and we will walk you through the steps you need to take to get you on your way to a refund or money back, and at the very least, explain your rights when there is a recall on your vehicle. Call Chernosky Law Offices toll free today at 866-568-0064, or fill out the form on www.lemonlawyerinfo.com, or send an email to david@lemonlawyerinfo.com. We will guarantee you a free initial consultation, and if you want our help, our service is paid for by the manufacturer

Posted by Dave Chernosky at 10:56 PM | Automobile Recalls | Comments (0) | Link


Monday, October 6, 2008

RV companies having trouble

Motorhome companies are having troubles in these difficult economic times. We have had several calls lately from people indicating the company where they purchased their RV is going out of business or temporarily halting production. There is no time to waste if you hear this. If you are having troubles and the company is still operating, don't waste any time becuase there seems to be a trend here. Call us asap and we will try to see if there is still a possibility of using the lemon law to help get you out of your RV.

Posted by Dave Chernosky at 10:17 PM | | Comments (0) | Link


Monday, October 6, 2008

Give me a Brake! Lemon Law and Brakes.

We have had many clients with situations where dealers or manufacturers tell people that a brake problem is not covered under the 3 year 36,000 mile warranty. They say it is due to normal wear and tear, and that the owner has to pay for a repair. This is normally a problem with brake pads that are wearing down fast, or rotors that are warped. Don't let them kid you. The lemon law will cover braking problems even if they say it is not under warranty, when it is a defect that is inherent in the vehicle. If a vehicle comes from the manufacturer with a problem in the brakes and they are not repairing it properly after a reasonable number of attempts, you should be compensated. The lemon law helps consumers with braking problems. Give us a call at 440-471-7071 or toll free at 866-568-0064, or submit your information on our form at www.lemonlawyerinfo.com. We will walk you through this process and get you on the road again.

Posted by Dave Chernosky at 10:07 PM | | Comments (0) | Link


Wednesday, September 24, 2008

Ohio Warranty problems fixed

I have been able to negotiate cash settlements for more than 10 clients this month. Call to find out what we can do even if you do not have a perfect lemon law case. Some of these clients had vehicles which had some sort of minor defect which was not repaired in several tries. Some of them were eventually repaired but it took too long and they were very inconvenienced in the process. Some of them had defects and the manufacturer tried to blame it on a lack of proper maintenance. We were able to get money for them so repairs could be done properly. We were also able to get our attorney fees paid in full. These cases included GM, Ford, Chrysler, Toyota, Suzuki and Honda vehicles.

Posted by Dave Chernosky at 09:33 PM | Ohio Lemon Law | Comments (0) | Link


Wednesday, September 24, 2008

Pennsylvania Motorhome Repurchased

We are happy to report that an Itasca (Winnebago) RV which had a chassis manufactured by Chrysler was repurchased this month. The client is receiving money back and attorney fees. We are actively seeking new motor home cases in Pennsylvania and Ohio. There is no reason to be stuck with such an expensive item when it is not working properly. We will accept RV lemon law and warranty cases throughout the country. Give us a call and get an RV that spends more time on the road than in the shop for repairs.

Posted by Dave Chernosky at 09:24 PM | | Comments (0) | Link


Wednesday, September 24, 2008

Vehicles repurchased under the lemon law in Ohio

In September, Chernosky Law Offices was able to get three client vehicles repurchased by DaimlerChrysler. The clients received all of their money back and had their attorney fees paid in full.

Posted by Dave Chernosky at 09:21 PM | Successful Lemon Law Cases | Comments (0) | Link


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Chernosky Law Offices - Lemon Lawyers - Blog