How To File A Lemon Law Claim In Ohio
Both the state of Ohio and the federal government have laws regarding defective automobiles, trucks, and motorcycles purchased by consumers. These laws protect consumers from so-called lemons and provide compensation to Ohio consumers who have purchased non-commercial vehicles that don’t work properly. These laws cover all non-commercial vehicles and other consumer appliances and products such as computers. To qualify under the Ohio Lemon Law, you must have purchased a product that failed multiple repair attempts under the product’s warranty. In this article, the Columbus Lemon Law attorneys at Kohl & Cook Law Firm, LLC will discuss Ohio’s Lemon Law and how to file a claim.
Ohio’s Lemon Law
In 1987, Ohio passed one of the most comprehensive lemon laws in the United States. The rule requires auto dealerships to repair defects that impact the value, use, or safety of a new vehicle within the first 12 months or 18,000 miles (whichever comes first). Ohio consumers experiencing issues with a new vehicle should immediately take the vehicle to an authorized dealership for repair.
Before you can file a Lemon Law claim, you must give the manufacturer a reasonable opportunity to fix the problem. If the problem is not corrected after multiple repair attempts, you are eligible for a refund or replacement. If the dealership fails to comply, they are violating Ohio’s Consumer Sales Practices Act.
Did the manufacturer have a “reasonable opportunity” to repair the vehicle?
To qualify under Ohio’s Lemon Law, the manufacturer must have had a “reasonable opportunity” to correct the defect in the vehicle. But what constitutes a “reasonable opportunity?” Under Ohio law, the manufacturer must have made at least three attempts to repair one problem only to have the problem occur again. Or, a consumer can prove that the vehicle has been in the shop for 30 days or more during its first year since purchase or the first 18,000 miles. If a consumer can prove that 8 or more attempts have been made to fix different problems with the vehicle, they also qualify under Ohio’s Lemon Law. Lastly, if a consumer can prove that one unsuccessful attempt to fix the vehicle has been made and the problem could result in death or serious injury, then they also qualify under Ohio’s Lemon Law.
If any of the aforementioned issues arise, you have a right to demand that the manufacturer replace or refund the vehicle.
Filing an Ohio Lemon Law claim
To file a Lemon Law claim in Ohio, you would send a certified letter to the manufacturer’s “Zone Office”. The address for the Zone Office can be found in your owner’s manual. You can also ask the dealership. The letter should include any defects related to the vehicle, what attempts have been made to fix the problems, and whether or not you want a refund or a replacement. You will want to keep a copy of this letter for your own records. Lemon Law claims must be brought within five years of purchase.
Talk to an Ohio Lemon Law Attorney Today
Kohl & Cook Law Firm, LLC represents the interests of Ohio residents who are bringing claims under Ohio’s Lemon Law. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.