Lemon Law in Ohio
Lemon laws are designed to help consumers obtain compensation for consumer goods that have been deemed defective directly from the manufacturer. Ohio lemon law includes trucks, automobiles, and other vehicles. Other vehicles include recreational vehicles, motorcycles, boats, consumer appliances, and computers.
Most lemon law cases are in relation to motor vehicles. In order to qualify for lemon law in the state of Ohio, a motor vehicle must suffer several repair attempts while still under the manufacturer’s express warranty. If a motor vehicle cannot be fully restored, the consumer will then receive compensation, replacement, or refund.
Section 1345.71 of Ohio lemon law outlines what each term means in relation to lemon laws. These terms include motor vehicle, consumer, manufacturer, express warranty, full purchase price, and nonconformity. According to state definition, an express warranty is the written warranty from the manufacturer that states the fitness and conditions of use for the motor vehicle, as well as the conditions and terms precedent to be enforced through obligations.
Nonconforming motor vehicle are subject to repair through the manufacturer if the motor vehicle has had three or more attempted repairs. Proof of these repairs must first be shown. If a motor vehicle is new and does not conform to the express warranty standards, the consumer may report the vehicle to the manufacturer. This is only possible if the motor vehicle is under one year or in the first eight thousand operation miles.
The manufacturer is required under law to accept the motor vehicle and attempt to conform it to manufacturer standards. Repairs are also required to be made even after the express warranty has expired but only if the motor vehicle’s nonconformity was reported while the vehicle was still under warranty.
If the manufacturer, dealer, or agent is unable to conform the vehicle to its express warranty standards, the motor vehicle is required to either be refunded or replaced. The defect that cannot be repaired by the agent, manufacturer, or dealer must alter the motor vehicle’s market value or impede driver safety.
The motor vehicle must also show several substantial repair attempts. If a motor vehicle has been out of commission or use for a total of thirty days, the substantial repair attempts requirement can be waived. These thirty days are not required to be consecutive and can be added up throughout the warranty’s time period. If an individual is injured due to a defect, a refund may be possible.
A refund is required to include the full purchase price of the motor vehicle but is also unlimited to include transportation fees, undercoating, installed options, finance charges, collateral charges, sales taxes, registration fees, licensing fees, government fees, incidental damages, and any other included fees associated with purchasing the motor vehicle. Refunds are not required to include cosmetic additions, such as paint, or other damages that do not impede the vehicles safety or market value.
If a consumer chooses to accept a replacement motor vehicle, the new motor vehicle is required to be of the same market value as the lemon vehicle.