The Ohio Lemon Law

The law applies to:

• A new (non-used) passenger car or noncommercial motor vehicle, or parts of a motor home excluding the permanently installed living facility sections (cold storage, sleeping, cooking). It does not include mobile homes, recreational vehicles broadly, or manufactured homes.
• A “passenger car” is any motor vehicle that is designed and used for carrying not more than nine persons and includes any motor vehicle that is designed and used for carrying not more than fifteen persons in a ridesharing arrangement.
• Guidance from the Attorney General’s Office indicates that a pick-up truck used exclusively for business purposes is not covered by the lemon law.
• A “noncommercial motor vehicle” is any motor vehicle, including a farm truck, that is designed by the manufacturer to carry a load of no more than one ton and is used exclusively for purposes other than engaging in business for profit.

Consumers are covered if they:

• Are the purchaser of a motor vehicle (other than for resale).
• Are the lessee of a motor vehicle under a lease for 30 days or more, where title is in someone other than the user.
• Are the person to whom the vehicle is transferred during the express warranty period. 
• Any other person entitled by the terms of the warranty to enforce it

If a new motor vehicle has a nonconformity covered by the express warranty, and the consumer reports it during the earlier of:

• 1 year after original delivery, or
• 18,000 miles of operation,

the manufacturer (or its agent/dealer) must repair the nonconformity, even if repair happens after that period.

It will be presumed that the manufacturer (or its dealer/agent) had a reasonable opportunity to repair if during the lemon-law period (1 year or 18,000 miles) any of the following are met:

1. The same nonconformity has been subject to repair 3 or more times and still exists or recurs. 
2. The vehicle has been out of service 30 or more calendar days in total due to repair. 
3. There have been 8 or more attempts to repair any nonconformity that substantially impairs use or value. At least one attempt was made to repair a nonconformity that is likely to cause death or serious bodily injury if the vehicle is driven, and the nonconformity either continues or recurs

It is important to note that case law interprets the lemon law’s presumption as establishing a definition that the  reasonable number of repair must occur during the period of one year following the date of original delivery or during the first 18,000 miles of operation whichever comes first. 

If it is determined that your vehicle has had a reasonable number of repair attempts under the law, the manufacturer must, at your option, replace the vehicle with an acceptable new vehicle or repurchase the vehicle. It is important to note that Ohio law gives the consumer an option to choose between a replacement or repurchase remedy.

Most other lemon laws provide that the consumer cannot be forced to take a replacement but do not allow the consumer to choose between the two – meaning a consumer cannot choose a replacement instead of a repurchase.

In the case of a purchased vehicle, the refund consists of: 

1. The full purchase price
2. All incidental damages, including, but not limited to, any fees charged by the lender or lessor for making or canceling the loan or lease, and any expenses incurred by the consumer as a result of the nonconformity, such as charges for towing, vehicle rental, meals, and lodging

In the case of a lease: Capitalized cost reduction, security deposit, taxes, title fees, all monthly lease payments, the residual value of the vehicle, and all finance, credit insurance, warranty, and service contract charges incurred by the consumer.

In Ohio, lemons returned to the manufacturer or dealer can be resold unless they were returned for a problem that could cause death or serious injury. The manufacturer must brand the vehicle as a buyback, provide a fair warning notice as to why it was returned, and warranty protection.

If you buy a returned lemon, your legal protection differs from that of a new-car buyer. The notice, warranty, and title brand serve as your warning that you are buying a vehicle that was returned as a lemon.

If you have an unresolved warranty dispute in Ohio, BBB AUTO LINE may be able to help.

1. If the manufacturer uses BBB AUTO LINE or an arbitration program that has been certified by the Ohio attorney general, you must use that program before filing a lawsuit.  
2. Whether or not an arbitration program has been certified, decisions reached through arbitration are binding only when a consumer accepts the decision.
3. A consumer may bring a civil action in court as long as the suit is filed within five years of the delivery of the vehicle.