Lemon Law - Ohio
Lemon Law
Lemon Law - "Lemon
law" is that body of state law which defines an automobile
owners rights when the manufacturer is not able to repair the
automobile within the limits specified. In
such cases, the automobile is referred to as a "lemon",
and is subject to the conditions of the state lemon law.
Your Lemon Law:
Disclaimer:
These pages are created to inform and educate the public about lemon
law and under the lemon law in your state. They are not and
should not be considered legal opinions or advice as to whether you
have rights under lemon law or whether you should pursue "a
lemon law case". If after reading this information,
you believe you qualify, you should seek the advice and counsel of
an attorney specializing in lemon law in your state. Remember
that each state's lemon laws vary.
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.
1345.74 Written statements of
consumer's rights and of work performed.
(A) At the time of purchase,
the manufacturer, either directly or through its agent or its
authorized dealer, shall provide to the consumer a written statement
on a separate piece of paper, in ten-point type, all capital
letters, in substantially the following form:
IMPORTANT: IF THIS VEHICLE IS
DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO A REPLACEMENT OR
TO COMPENSATION.
(B) The manufacturer or
authorized dealer shall provide to the consumer, each time the motor
vehicle of the consumer is returned from being serviced or repaired,
a fully itemized written statement indicating all work performed on
the vehicle, including, but not limited to, parts and labor as
described in the rules adopted pursuant to section 1345.77 of the
Revised Code.
1345.75 Civil action for loss
due to noncompliance.
(A) Any purchaser of a new
motor vehicle who suffers any loss due to nonconformity of the motor
vehicle as a result of failure by the manufacturer, its agent, or
its authorized dealer to comply with section 1345.72 of the Revised
Code, may bring a civil action in a court of common pleas or other
court of competent jurisdiction and, in addition to other relief,
shall be entitled to recover reasonable attorney's fees and all
court costs.
(B) The remedies in sections
1345.71 to 1345.77 of the Revised Code are in addition to remedies
otherwise available to consumers under law.
(C) Any action brought under
division (A) of this section shall be commenced within two years of
the expiration of the express warranty term. Any period of
limitation of actions under any federal or Ohio laws with respect to
any consumer shall be tolled for the period that begins on the date
that a complaint is filed with an informal dispute resolution
mechanism established pursuant to section 1345.77 of the Revised
Code and ends on the date of the decision by the informal dispute
resolution mechanism.
(D) It is an affirmative
defense to any claim under this section that a nonconformity is the
result of abuse, neglect, or the unauthorized modification or
alteration of a motor vehicle by anyone other than the manufacturer,
its agent, or its authorized dealer.
1345.76 Conditions for resale of
returned vehicle.
(A) If a motor vehicle has
been returned under the provisions of sections 1345.71 to 1345.77 of
the Revised Code or a similar law of another state, whether as a
result of legal action or of an informal dispute settlement
proceeding, the vehicle may not be resold in this state unless each
of the following applies:
(1) The manufacturer
provides the same express warranty that was provided to the original
purchaser, except that the term of the warranty shall be only for
twelve thousand miles or twelve months after the date of resale,
whichever is earlier;
(2) The manufacturer
provides to the consumer, either directly or through its agent or
its authorized dealer, and prior to obtaining the signature of the
consumer on any document, a written statement on a separate piece of
paper, in ten-point type, all capital letters, in substantially the
following form:
IMPORTANT: THIS VEHICLE WAS
RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE
MANUFACTURER'S EXPRESS WARRANTY AND THE NONCONFORMITY WAS NOT CURED
WITHIN A REASONABLE AMOUNT OF TIME AS PROVIDED BY OHIO LAW.
(B) Notwithstanding the
provisions of division (A) of this section, if a new motor vehicle
has been returned under the provisions of section 1345.72 of the
Revised Code or a similar law of another state because of a
nonconformity likely to cause death or serious bodily injury if the
vehicle is driven, the motor vehicle may not be sold in this state.
1345.77 Rules for informal
dispute resolution mechanism.
(A) The attorney general
shall adopt rules for the establishment and qualification of an
informal dispute resolution mechanism to provide for the resolution
of warranty disputes between the consumer and the manufacturer, its
agent, or its authorized dealer. The mechanism shall be under the
supervision of the division of consumer protection of the office of
the attorney general and shall meet or exceed the minimum
requirements for an informal dispute resolution mechanism as
provided by the "Magnuson-Moss Warranty Federal Trade
Commission Improvement Act," 88 Stat. 2183, 15 U.S.C. 2301, and
regulations adopted there under.
(B) If a qualified informal
dispute resolution mechanism exists and the consumer receives timely
notification, in writing, of the availability of the mechanism with
a description of its operation and effect, the cause of action under
section 1345.75 of the Revised Code may not be asserted by the
consumer until after the consumer has initially resorted to the
informal dispute resolution mechanism. If such a mechanism does not
exist, if the consumer is dissatisfied with the decision produced by
the mechanism, or if the manufacturer, its agent, or its authorized
dealer fails to promptly fulfill the terms determined by the
mechanism, the consumer may assert a cause of action under section
1345.75 of the Revised Code.
(C) Any violation of a rule
adopted pursuant to division (A) of this section is an unfair and
deceptive act or practice as defined by section 1345.02 of the
Revised Code.
