Lemon Law / OH Lemon Law
Many drivers do not know that the Lemon Law in Ohio and various Federal Warranty Statutes provide 100% cost-free legal help to distressed drivers, with no legal fees or filing costs.
If you fall under the OH Lemon Law, you could be entitled to a new car or a full or partial refund at absolutely no cost to you at any time – win or lose.
Consumer protection laws in the State of Ohio apply to new cars, non-commercial motor vehicles, motor homes, and recreational vehicles that suffer a nonconformity – a defect or condition, which substantially impairs the use, value or safety – that cannot be repaired after three attempts by an authorized manufacturer's dealership.
For a claim to qualify, the first repair must occur in the first 12 months or 18,000 miles – whichever comes first.
Consumer are also covered if their vehicle has been in the shop for eight (8) total repair attempts, regardless if they are for the same or different problems, or one attempt to repair a condition that is likely to cause death or serious bodily injury.
In addition, these laws also apply to vehicles that are in the shop for repair thirty (30) or more calendar days during the first year.
Many Ohio consumers do not realize that the Ohio Lemon Law is one of the strongest Lemon laws in the nation. Communications Director Michael Sacks, of Kimmel & Silverman, made a return visit to NBC4's Daytime Columbus recently to discuss the law with host Gail Hogan. The segment provided helpful advice on what distressed drivers should do if they feel they have been stuck with a lemon car.
Unfortunately, most used vehicles are not eligible to take advantage of the OH Lemon Law. It only applys to used vehicles that are re-sold within the first year or 18,000 miles of operation (whichever occurs first), and problems must be reported in this time frame in order to qualify.
Consumer protection laws in Ohio apply to a range of motor vehicles, including cars, motorcycles, engine and chassis motorhomes (this does not include towable motorhomes and the OH lemon law does not apply to interior items like refrigerators or stoves), light trucks under one ton not used for business. In the State of Ohio, recreation watercraft such as boats are excluded from the lemon law coverage.
Undoubtedly, the majority of us have heard about Ohio's Lemon Laws at some point. Such laws exist to safeguard car owners in all States if their automobile turns out to be problematic. But what happens when you are not eligible for protection under these regulations?
Do you know about the Magnuson Moss Warranty Act, a little-known Federal law that car dealerships don't usually bring up when selling cars?
Although this law may not be very well known, it does apply to all cars or any products that are valued over $25 and covered by a manufacturer's warranty.
When a vehicle has to be repaired three or more times for the same issue, it is an indication that the warranty is not functioning adequately.
As a consequence, you may be eligible to receive compensation that reflects the decreased value of the car due to any issues it has. That troublesome window motor which was ultimately fixed, the air conditioner not producing cool air anymore, water leakage in your trunk finally sealed after numerous attempts as well as several upgrades on your navigation system- all these could amount up to thousands of dollars for you!
Other benefits of this federal law include:
Kimmel & Silverman is the oldest and largest Lemon Law Firm in the Northeast.
Since 1991, our firm has provided 100% cost-free help to more than 100,000 drivers, handling 24% of all Lemon Law and Breach of Warranty claims nationwide. Our process is quick and easy, and you can drive your car throughout the entirety of you case. In fact, many of our cases are settled within 30 to 90 days.
Even if your car falls outside of the limitations established by the Lemon Law, there are still Federal Breach of Warranty Laws which apply. If your car has an original or extended manufacturer's warranty and has a problem that can't be fixed after three repair attempts, chances are we can help you.
Beware of Ohio legal firms taking your case on contingency. That means that, if you win, they will take a portion of your winnings. This could cost you significant money. The laws we work with have a fee-shifting provision which enable us to receive all fees or costs from the manufacturer if you prevail.
Because we believe strongly in our service, and because we would never want to deter a consumer for fighting for their OH Lemon Law rights, there is no cost, win or lose, at any time whenever you work with Kimmel & Silverman on your claim.
The Lemon Law can be confusing and is open up to numerous interpretations if you don't understand how it works. If you are driving a defective vehicle and you want to find out if you are entitleds to cost-free legal help, feel free to submit a question online, or fill out our Get Rid Of Your Lemon worksheet for a free case evaluation.
The OH Lemon Law covers drivers whose vehicles suffer a non-conformity or defect within the first 12 months or 18,000 miles, whichever comes first, that can't be repaired after repeated attempts (normally three) by the manufacturer's authorized dealership.
The Ohio Law also covers vehicles that have been in the shop for eight (8) total repairs, regardless if they are for the same or different problems. To review the Ohio statute, see the the link here.
Not necessarily. If your car is in the shop 30 days or more in the first year, consecutive or not, we can file a claim under the Law. Likewise, if you are experiencing a significant problem likely to cause death or serious bodily injury, we welcome you to submit your information for our consideration. We handle each case separately and we have made exceptions in the past.
No. If you are having continuous problems and your car is under a manufacturer's warranty, we can still help under the Federal Magnuson–Moss Warranty Act. Please let us know about your repairs, and we will have someone from our firm contact you and explain your rights. The representation is still completely cost-free.
In Ohio, the law pertaining to lemon vehicles contains a fee-shifting provision. This means that if the consumer prevails, the manufacturer must pay all attorney fees and legal costs on top of what you receive. If you submit a claim to Kimmel & Silverman, and we accept your case, you will not pay anything out of pocket, win or lose. The fee-shifting provision gives you equal footing when battling against a multi-billion dollar automobile manufacturer.
Beware of firms that take your case on contingency. This means they are taking a portion of your winnings.
Yes, cars that are purchased and leased are both covered.
Yes. Non-commercial motor vehicles, motor homes (except cooking and sleeping facilities), and recreational vehicles are covered under the Ohio Lemon Law Statute.
No. Problems can occur immediately, but if you are interested in opening a claim, you must follow proper procedures. That means making an appointment to have your car examined and repaired, and securing a repair invoice when you pick up your car. Make sure the invoice properly outlines all of the problems you disclosed to the service manager.
We also suggest you keep a personal log of your repair visits and PLEASE HOLD ON TO THE INVOICES. This does not mean that we can't help you if you don't have the invoices (we can subpoena them if necessary) but it does make your case move along smoother.
DO NOT JUST DROP OFF YOUR CAR AND KEYS AT A DEALER AND SAY "I DON'T WANT THIS CAR ANYMORE." THEY COULD COUNT IT AS A VOLUNTARY REPOSSESSION AND IT COULD NEGATIVELY AFFECT YOUR CREDIT! IF YOU ARE HAVING PROBLEMS, CONSULT A CONSUMER ATTORNEY, BE IT US OR SOMEONE ELSE.
No. We represent used cars consumers under the Magnuson–Moss Warranty Act. As mentioned earlier, this law, which provides the same cost-free representation as the OH Lemon Law, protects consumers with used cars who have repeated problems under an original or extended manufacturers warranty.
Also, if a dealer misrepresents a car at the time of sale, lying about accident history or not disclosing lemon or salvage history, you may have rights under the Unfair Trade Practices Act. If this has happened to you, email us as soon as possible and we will be happy to assist you.
Feel free to contact our firm. Give us a call at 1-800-LEMON-LAW (1-800-536-6652) 24 hours a day or feel free to email us. We we will get back to you as soon as possible.
Our Ohio office is located at 3 Summit Park Drive, Suite 100 Independence, OH 44131.