Ohio Lemon Law Statutes...
Ohio Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Ohio consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products. To qualify under the Ohio Lemon Law or the Federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash
Ohio State Statutes
Ohio Revised Code,
1345.71 to 1345.77
used in sections 1345.71 to 1345.77 of the Revised Code:
"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.
"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
"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
"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
"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.
"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.
Duty to repair nonconforming new motor vehicles.
options when repairs unsuccessful.
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.
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:
The full purchase price including, but not limited to,
charges for undercoating, transportation, and installed
All collateral charges, including but not limited to, sales
tax, license and registration fees, and similar government
All finance charges incurred by the consumer;
All incidental damages, including any reasonable fees
charged by the lender for making or canceling the loan.
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.
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:
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.
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.
Presumption of reasonable number of attempts to repair.
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:
Substantially the same nonconformity has been subject to
repair three or more times and continues to exist;
The vehicle is out of service by reason of repair for a
cumulative total of thirty or more calendar days;
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;
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.
Written statements of consumer's rights and of work
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:
IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER
STATE LAW TO A REPLACEMENT OR TO COMPENSATION.
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.
Civil action for loss due to noncompliance.
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.
The remedies in sections 1345.71 to 1345.77 of the Revised
Code are in addition to remedies otherwise available to
consumers under law.
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.
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
Conditions for resale of returned vehicle.
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
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
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
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.
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
Rules for informal dispute resolution mechanism.
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.
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.
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.