Ohio Lemon Law FAQs
My vehicle is defective. What can I do about it?
You should take advantage of Ohio consumer law or the federal laws designed to protect consumers who have purchased a problem vehicle, including the Ohio Lemon Laws, the Ohio Consumer Protection Act, Ohio Uniform Commercial Code, Federal Magnuson-Moss Warranty Act, and other contract remedies. These laws may enable you to get rid of or replace your defective vehicle, get your loan paid off and even get your money back. Contact Chernosky Law Offices for a free, no-obligation consultation and we’ll tell you if we can help.
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What can I recover if I prove my vehicle is defective?
If your vehicle qualifies as a “lemon” under Ohio’s Lemon Laws, you are entitled to a “buy back” or a “repurchase” of the vehicle, which means you get your money back or a new car. But even if you’re not eligible to recover under the Lemon Laws, you may be able to file a Breach of Warranty or similar claim. What you can recover under these laws is not as clearly defined, though most of our clients who file a Breach of Warranty claim receive a partial refund and keep the vehicle.
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What is a "lemon"?
A lemon is an informal term used to describe a defective product, such as an automobile that doesn’t run properly. All states have a Lemon Law designed to help consumers who bought problem vehicles. Read Ohio’s Lemon Laws.
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What is the purpose of Ohio’s Lemon Laws?
Ohio Lemon Laws are designed to protect consumers from unsafe and defective vehicles. Under certain circumstances, Ohio’s Lemon Laws require manufacturers to replace or buy back an owned or leased vehicle with a defect that substantially impairs its use, value or safety, and that cannot be or has not been properly repaired in a timely manner.
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What vehicles are covered under Ohio’s Lemon Laws?
Ohio’s Lemon Laws cover virtually all motor vehicles, including passenger cars, motorcycles, motor homes and recreational vehicles (engine and chassis; does not include interior items such as refrigerators or stoves), "light" trucks (those which are designed to carry a load of no more than one ton, and which are not used in the course of a business for profit) and motorized scooters. Boats are not covered under Ohio’s Lemon Laws. However, boat owners are protected by other state and federal consumer protection laws.
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Is my vehicle a lemon?
If you recently purchased a new or used vehicle and you’re experiencing problems with it, you may have lemon. One way to determine if your vehicle is a lemon is to take our online Lemon Test. You can also contact us and talk for free with an experienced Lemon Law attorney who will review your vehicle history with you and let you know what options are available to you.
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What is required to prove a Breach of Warranty case (Magnuson-Moss)?
A Breach of Warranty can occur in various ways. Some of the most common situations occur when there have been an unreasonable number of attempts to fix a particular problem during a vehicle’s warranty period, or there has been an unreasonable amount of time that the vehicle has been out of service because of repairs. The warranty can also be breached if the manufacturer refuses to repair a particular problem during the warranty period that should be covered under the warranty, but for whatever reason they claim it is not, or the manufacturer refuses to repair a particular defect after the warranty period has ended, but the problem was actually reported to them while the vehicle was still under warranty. Another possible way to prove Breach of Warranty is to show that the warranty has failed of its essential purpose because there have been so many problems with the vehicle that the warranty does not help much at all. Because there are so many possibilities we suggest you contact us as soon as possible to discuss your options. As always, there is no charge for you to consult with one of our Lemon Law/Warranty attorneys.
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What do I have to do to file a Lemon Law or Breach of Warranty case?
Contact us immediately! If you’re having problems with your vehicle, you may be able to get rid of it, replace it, or get some or all of your money back, including your out-of-pocket vehicle-related expenses.
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How long does a Lemon Law or Breach of Warranty case take?
Every case is unique and the amount of times it takes to resolve it can vary greatly. We have settled Breach of Warranty cases in as little as three weeks. It is not unusual for cases to be resolved favorably within 45 to 90 days. On the other hand, a Lemon Law or consumer Breach of Warranty case that winds its way through the courts can take anywhere from four (4) to twelve (12) months, or longer. It is important that you do not delay.
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Are used vehicles covered by state and/or federal consumer protection laws?
Yes. Ohio’s Lemon Laws may cover used vehicles under certain circumstances. If the vehicle was re-sold within the first year or the first 18,000 miles of operation, and problems were reported during that same period, it is covered by the Lemon Law. Also, if the vehicle was still covered by the original manufacturer's warranty when you bought it (or your vehicle was "Certified" by the manufacturer or dealer), Ohio’s Lemon Laws may still apply. Even if it doesn’t qualify under the Lemon Laws, you may still qualify for relief under the Magnuson-Moss Warranty Act. To find out if you have a claim resulting from the purchase of a used vehicle, contact us.
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Are leased vehicles covered by consumer protection laws?
Yes. If the vehicle is defective, it doesn’t matter if you purchased or leased it. Either way you can recover damages.
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How many attempts must be made to repair a vehicle before it can be considered a lemon?
In Ohio, before a vehicle can be considered a "lemon," there must be a manufacturer's defect that "substantially impairs" its use, value or safety. If one or more of the following circumstances occur within the first year or 18,000 miles, the manufacturer, through the dealer, is presumed to have made a reasonable number of attempts to repair the vehicle if:
- substantially the same problem has been subject to repair three or more times
- the vehicle has been out of service for a total of 30 or more calendar days for repairs
- eight or more different defective parts or problems have impaired the vehicle’s use or value
- there has been at least one repair attempt for a safety-related problem, and the problem either continues to exist or recurs
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What will it cost me to file a Lemon Law or Breach of Warranty claim?
Nothing! Should Chernosky Law Offices agree to represent you in a Lemon Law or Breach of Warranty case, all attorney’s fees are paid by the manufacturer when your case is settled or won. If we don’t win, we don't get paid! We do this so there is no risk to you and because we believe our system works.
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How much time do I have to file a Lemon Law or Breach of Warranty claim?
Under Ohio’s Lemon Law, you must report a substantial defect or condition within the first 12 months and 18,000 miles of vehicle use, or the vehicle must have been out of service for 30 days or more during that time. Subsequent repair attempts can occur after the first 12 months or 18,000 miles. However, a Breach of Warranty can occur at almost any time, depending on the circumstances. Most of the time the defect only has to be reported within the warranty period to make a claim for Breach of Warranty (that is, within the original manufacturer’s warranty or within the time/mileage period of an extended Warranty).
Under Ohio’s Lemon Laws, you must file your claim within four years after the third repair attempt or within five years after the date of purchase.
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What if my dealer says my vehicle doesn’t qualify for relief under the Lemon Laws?
Do not be misled by dealers, repair technicians, or others who say your vehicle doesn’t qualify under the Lemon Laws. First, it’s in their best interest for you to not file a claim. Second, the Lemon Laws are complicated and they may not be qualified to determine if you may be entitled to relief. Finally, the Lemons Laws are just one way to recover. You may have a Breach of Warranty claim or a claim under the Ohio Consumer Protection Act, Ohio Uniform Commercial Code, Federal Magnuson-Moss Warranty Act, or other contract remedies. To find out what your options are, talk to a Chernosky Law Offices Lemon Lawyer today. We’ll provide a free, no-obligation consultation and let you know if you’re entitled to compensation for the problems you’ve experienced.
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What if my vehicle was eventually repaired? Can I still file a Lemon Law or Breach of Warranty claim?
Yes. Under Ohio’s Lemon Laws, the manufacturer is required to repair the vehicle after a reasonable number of repair attempts. If the dealership tried and failed to successfully repair your vehicle or if your vehicle was out of service for an unreasonable amount of time, you still have a Lemon Law claim even if the vehicle was ultimately repaired. You may be able to recover under a Breach of Warranty claim or a claim under the Ohio Consumer Protection Act, Ohio Uniform Commercial Code or the Magnuson-Moss Warranty Act.
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What if I’ve had problems with my vehicle but not so many that it qualifies as a lemon?
If the defects with your vehicle do not meet the requirements of Ohio’s Lemon Laws, you may have a Breach of Warranty claim or a claim under other state and federal laws that protect owners of new or used vehicles. Ohio’s Lemon Laws are only some of the many laws designed to protect consumers who buy or lease a vehicle. You may also pursue claims under the Ohio Consumer Protection Act, Ohio Uniform Commercial Code, Federal Magnuson-Moss Warranty Act, or other laws.
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What documents do I need to file a claim?
To build a strong Lemon Law or Breach of Warranty case, you’ll need the paperwork that shows the details of the purchase and the service/repair history of the vehicle, including dates and work performed, as well as proof of ownership (title and registration). Don’t worry if you don’t have all of the copies of the repair orders. We can obtain all the relevant documents you’ll need to file a claim. The most important thing is to get started sooner rather than later. Sending us the documents you have can get your case moving in the right direction and then we can supplement with other documents as we move forward.
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Do I have to accept a replacement vehicle from the manufacturer?
No. Under Ohio’s Lemon Laws, you get to decide whether you get a replacement vehicle or your money back. If you choose a refund, you’re entitled to all of your out-of-pocket vehicle-related expenses. The manufacturer cannot deduct for the wear and tear on your lemon vehicle.
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The manufacturer wants to give me an extended warranty instead of replacing my car. If I accept it, can I still file a Lemon Law or Breach of Warranty claim?
If you accept the extended warranty, you might lose your right to file a Lemon Law or Breach of Warranty claim. It’s common for manufacturers to offer an extended warranty as it’s an inexpensive resolution for them. Before you agree to accept an extended warranty, talk to a Chenosky Law Offices Lemon Lawyer. We’ll provide a free, no-obligation review of your situation and let you know if you’re entitled to more. Our experience has been that if a manufacturer wants to resolve your case with an extended warranty we will usually be able to get you some money back in addition to the extended warranty.
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Do I need a lawyer to handle my Lemon Law or Breach of Warranty claim?
You can try to work things out on your own and any recovery you get will be all yours. However, our experience has been that few consumers who represent themselves receive the full compensation they’re due. Most of our clients report wasting a lot of time trying to get the manufacturer or dealer to do the right thing before they call us. Hiring an attorney likely will put an end the delays and run-around and sends a strong message to the manufacturer that you mean business. And, because there are no out-of-pocket costs to you for our services, there’s no risk to letting us do the work for you in your Lemon Law or Breach of Warranty claim.
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What is arbitration?
First of all, know that we can handle the arbitration process for you at no cost. Arbitration is a process whereby a "neutral" third party makes a decision about your case. In Ohio, if the vehicle manufacturer is one that uses a state-certified arbitration board, you must go through the arbitration process before you can go to court. Arbitration is free and in most cases, a decision is made within about forty five (45) to sixty (60) days after your application for arbitration has been received by the Board.
There are two arbitration programs in Ohio: the National Center for Dispute Settlement (NCDS) and the Better Business Bureau (BBB AUTO LINE). If the vehicle manufacturer has not been given state certification for its own arbitration board, you may choose to go through arbitration or pursue the matter through the courts. If you receive an unfavorable arbitration decision you can still sue the manufacturer under the provisions of the Lemon Law.
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Can I hire an attorney before going through the arbitration process?
Yes. We will file the arbitration on your behalf if it is necessary. Keep in mind that generally, you are not bound by the arbitrator’s decision and, even if he or she rules against you, you can still file a Lemon Law or Breach of Warranty complaint in a court of law. Filing a complaint with the courts is usually your best chance to get your money back, obtain a new car or receive money which would be equivalent to a full or partial refund.
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This content is provided by Chernosky Law Offices for informational and educational purposes only. Nothing contained in this site should be construed as providing specific legal advice. Your use of this site does not create an attorney/client relationship.
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