What Is A Lemon?

Ohio’s Lemon Law

What Is A Lemon?
A lemon is a new motor vehicle that has a problem or problems, covered by the warranty, that substantially impairs the use, value or safety of that vehicle. If you have had problems with
your passenger car, noncommercial motor vehicle (which is designed to carry no more than a oneton load and is used exclusively for personal use) or motorcycle during the first year or 18,000 miles, whichever occurs first, you should take it back to the manufacturer or the dealer and ask them to fix it. If they fail to correct the problem(s) after being given a reasonable opportunity to do so, you might own a lemon.

Ohio’s Lemon Law
Automakers or dealers must be given a reasonable opportunity to fix the problem, and if the problem is not corrected, you might be eligible for a refund or replacement. You are covered
by this law even if the problem was discovered late in the protection period, which is one year from the purchase date or 18,000 miles, whichever occurs first or if the repair attempts extend beyond that period.

Has The Manufacturer Had A Reasonable Opportunity To Repair The Vehicle?
If you can answer “yes” to any of the following four questions, the manufacturer is presumed to have had a reasonable opportunity to repair your vehicle under Ohio law. In the first year,
or 18,000 miles, whichever occurs first:

• Have three or more attempts been made to repair one problem and then the problem either continues to exist or occurs again?

• Has the vehicle been in the shop for a cumulative total of 30 days or more during its first year or 18,000 miles, whichever occurs first?

• Have eight or more attempts been made to fix different problems?

• Has one unsuccessful attempt been made to fix a problem that could
cause death or serious injury?

If you answered “yes” to at least one of these four questions, you have the legal right to ask the manufacturer to replace the lemon or refund the entire purchase price.

Send a certified letter to the automaker. You can find the address in your owner’s manual, or ask your auto dealer. In the letter, list the problems you have had with the car, what attempts have been

WARNING: This vehicle previously was sold as new.
It was returned to the manufactureror its agent in exchange for a
replacement vehicle or refund as a result of the following defect(s) or condition(s).

In addition, the automaker must give you a 12-month or 12,000-mile warranty or the balance of the original factory warranty, whichever is greater. The notice and warranty are required even if the car was returned as a lemon under the law of another state. The notice, warranty and a title brand serve as your warning that you are buying a vehicle returned as a lemon.

Do I Have The Same Protection As A New Car Buyer?
A returned lemon buyer is entitled to different legal protection than a new car buyer. You are provided with the fair warning notice, the warranty protection described previously and
a branded title to show the buyback.

IMPORTANT: If this vehicle is defective, you may be
entitled under state law to a replacement or to compensation.

Dealers are required to give you a fullyitemized, written work order each time you take your vehicle in for repairs or services, even if the work is paid for under the manufacturer’s warranty. Work orders must list all of your concerns, the work performed or attempted, what parts were used and the cost for parts and labor.

Is There Protection For Used Car Buyers?
If you are looking at buying a used car, keep in mind that Ohio’s Lemon Law does not apply to motor vehicles more than one-year-old or driven more than 18,000 miles. Also keep in mind that lemons returned to the manufacturer or dealer can be resold to consumers only under certain conditions. A used car dealer must give you the following statement to read and sign before selling you a returned lemon. made to correct them and your Vehicle Identification Number (VIN), which can be found on your purchase contract.
Finally, your letter should indicate whether you want the car replaced or a refund for the full purchase price. Be sure to keep a photocopy of your letter for your records.
Will The Manufacturer Refund The Full Purchase Price Of The Vehicle? Once it is clear that your vehicle has not been fixed, the automaker may, at your option, give you a new vehicle or refund the “full purchase price.” That price includes all of the following:

• The purchase price for the car plus the costs for transportation, dealer
preparation, delivery, dealer-installed accessories, and other services.

• The costs for financing and credit insurance, as well as any warranty and service contract charges.

• Taxes and any other government charges, including state sales tax,
license fees and registration fees.

Sometimes an automaker will agree with your claim and work to replace your
lemon as quickly as possible. In most cases, the manufacturer will request an additional opportunity to repair the vehicle. They may try to negotiate a mutually satisfactory
resolution with you. The manufacturer or dealer should advise you if an arbitration
program is available to resolve disputes informally. If you apply for arbitration,
you should expect to wait several weeks for your hearing to be scheduled.
Informal arbitration is, however, much faster and less formal than a court proceeding.