The Lemon Law in Ohio

Ohio's lemon law (Nonconforming New Motor Vehicle Law) covers new passenger cars, noncommercial motor vehicles and parts of motor homes (not mobile homes or recreational vehicles), for buyers and lessees. If a defect covered by the warranty that substantially impairs the vehicle's use, value or safety is reported within one year or the first 18,000 miles, whichever comes first, the manufacturer must repair it even if repairs continue after that period. If it cannot be fixed after a reasonable number of attempts, the manufacturer must, at the consumer's choice, replace the vehicle or refund the full purchase price plus incidental damages (such as towing, rental, meals and lodging). A reasonable number of attempts is presumed, within the first year or 18,000 miles, if the same problem was repaired three or more times and continues or recurs, the vehicle was out of service 30 or more calendar days, there were eight or more repair attempts for any problems, or one attempt failed to fix a problem likely to cause death or serious injury. A consumer may sue within five years of delivery and recover attorney's fees and court costs; if the manufacturer has an Attorney General-approved arbitration program, it must be used first.

1) Report the problem: the consumer reports the defect to the manufacturer, its agent or an authorized dealer within one year after original delivery or the first 18,000 miles, whichever comes first. Each time the vehicle comes back from service, the manufacturer or dealer must give the consumer an itemized written statement of all work done; keep these. Ohio's lemon law sections do not require a separate written notice to the manufacturer or a final repair attempt before a claim. 2) Arbitration: the Attorney General adopts rules for qualified informal dispute resolution programs, which are supervised by the Attorney General's consumer protection division and must meet federal Magnuson-Moss standards. If a qualified program exists and the consumer was told about it in writing in time, with a description of how it works, the consumer must use it first before suing. The consumer may then sue if dissatisfied with the decision or if the manufacturer does not promptly carry it out. The statute does not set a consumer fee. 3) Deadline to sue: a lawsuit must be filed within five years after original delivery. Time limits are paused from the day a complaint is filed with a qualified dispute program until the program decides. A consumer who wins recovers reasonable attorney's fees and court costs.

The Attorney General states that Ohio's lemon law generally does not apply to used cars; it covers only vehicles within their first year or first 18,000 miles. "As is" means the car is not covered by a warranty and the buyer will generally be responsible for repairs, and in most cases a car cannot be returned once driven off the lot. A returned lemon may be resold only with a branded "BUYBACK" title, a written warning notice to the buyer, and a warranty of 12 months or 12,000 miles or the balance of the factory warranty, whichever is greater; vehicles returned for a defect likely to cause death or serious injury may not be resold in Ohio.