Ohio Lemon Laws for Used Cars: What To Know
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Ohio is one of many states that offers lemon protection for its residents. Ohio lemon laws for used cars can seem complicated, but getting a general understanding of the background can make a big difference.
Let’s start with the basics - what is a lemon? A lemon is a “new” vehicle that has at least one, but sometimes multiple issues that are covered under warranty and compromise the safety, value, or general use of the vehicles.
Problems most occur within the first year, and Ohio’s Lemon Law specifies it can be up to 18,000 miles of use, whichever comes first. Many states have the mileage limited to just 12,000, so there are a few extra from the state to maximize consumer protection.
Lemon Laws generally apply to passenger vehicles, motorcycles, or noncommercial motor vehicles that are for personal use, not designed to exceed more than a total of one-ton in load.
Ohio Lemon Law for used cars and new purchases
Similar to other states, if your vehicle is within this protection period and you experience mechanical issues, the manufacturer must make a reasonable attempt to fix the problems. If you bought your vehicle from a dealership you can take it back to the dealer or manufacturer and request they fix the issues.
Just like consumers have a reasonable amount of time to report issues, the dealership gets a reasonable amount of time to fix the issues, even if it exceeds the one year or 18,000 mile window.
Generally speaking, reasonable effort for maintenance is:
- At least 3 attempts to fix a vehicle’s problem and it continues to persist or returns at a later date
- The vehicle has been in a repair shop for a *total* of 30 days or more in its first year
- The problem can cause serious death or injury and the repair wasn’t successfully completed
If they are unable to fix the issues, you may be able to get a refund or replacement. For the state of Ohio, you don’t need to do anything specific since the Lemon Law is put into place by default for consumers on new cars. A few things to consider to make sure you and your vehicle are protected:
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Understand your vehicle’s manufacturer’s guide
Some vehicles have unique or specific maintenance schedules and will be included in the owner’s manual. Try to follow these as closely as possible since not every vehicle is made or performs the same. If you haven’t followed the manual guide specifically, it may limit your protection under the Lemon Law.
Keep warranty and repair orders
Hopefully this isn’t something you have to do frequently, but an itemized record after the repairs should be kept for your record. Especially if there was a cost associated, this should be documented.
Document defects
This goes without saying, but if you are noticing an issue on a consistent basis it may be an early sign that you have a defect. It’s good to get it checked out as soon as possible and be as descriptive as possible to the dealership so they can look for recalls and defects.
Ohio lemon law for used cars stipulates that they still qualify, but it will likely have a limited amount of time that it will be covered. You still have 12 months or 18,000 miles of coverage, whichever comes first. If you buy a 10 month old car, you will only have the coverage for two months, not an additional 12.
It’s important to check used vehicles with Ohio’s Bureau of Motor Vehicles and you can check nationwide (vehiclehistory.gov) to see if it has already been labeled as a Lemon.
Fair warning notice: If you’re buying a used car from a dealership, they CAN sell a returned Lemon, but will have to display the following notice to the buyer:
“WARNING: THIS VEHICLE WAS PREVIOUSLY SOLD AS NEW. IT WAS RETURNED TO THE Manufacturer OR ITS AGENT IN EXCHANGE FOR A REPLACEMENT VEHICLE OR REFUND AS A RESULT OF THE FOLLOWING DEFECT(S) OR CONDITIONS(S):” (defects will be listed here). From Ohio Attorney General Dave Yost.
This is required in Ohio even if the car was returned in another state with different Lemon requirements. It would violate Ohio’s “Consumer Sales Practices Act” if an authorized car dealership sells a returned lemon without providing appropriate warning.
You can file a lawsuit to recover your money if you buy a used lemon car that wasn’t properly displayed or didn’t have information on the warranty or title.
If you purchase a returned lemon from a dealer and were shown the proper paperwork, and warning, that serves as your consumer protection. You are acknowledging the risk and unfortunately don’t have the same protection as a new car buyer.
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So, how do you actually get a refund of replacement?
You can ask the dealership you bought from, or formally request a replacement or refund with a certified letter to the manufacturer. You’ll need to specify what problem(s) your vehicle is having, how long the problems have been going on, the number of times replacement and repairs were tried, and the VIN to identify your specific model.
Once this is completed, you’ll have the option for a replacement or refund, which can be full or partial.
The manufacturer will do one of three things:
- Accept the claim and work to replace the vehicle in a fairly quick manner.
- Request additional paperwork and time to fix the car.
- Negotiate a fair value to come to a mutual resolution. Arbitration may be an option, where a neutral party will listen to both sides of the claim and make an unbiased decision based on merit.
Ohio Lemon Laws for used and new cars are designed to protect the customer and create a quick arbitration process. It’s generally more convenient than a trial, and are often conducted over a conference call to speed up the process and make it convenient for all sides.
While these general guidelines are similar to several other states, it’s helpful to know exactly what to expect when buying or selling a lemon vehicle in the state of Ohio.
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