Lemon Law / OH Lemon Law

Last updated: February 21, 2024

Ohio Lemon Law - Free Legal Help for OH Drivers from 1-800-LEMON-LAW

What is the Lemon Law in Ohio?

A dealership in Ohio that may have lemon cars

The Ohio Lemon Law applies to new cars, non-commercial motor vehicles, that suffer a defect that cannot be repaired after three or more attempts, or an extended period of time by an authorized manufacturer’s dealership. The first repair must occur within the first 12 months or 18,000 miles, whichever comes first.

For a claim to qualify under the Ohio Lemon Law , the first repair must occur in the first 12 months or 18,000 miles – whichever comes first.

Consumers 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.

Ohio Lemon Law Information

Driving a Lemon in Ohio? Call 1-800-LEMON-LAW Today!

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.

A review left for Kimmel & Silverman for their lemon law legal representation services You can read the full review on Google

What is the lemon law in Ohio for used cars?

A used car in Ohio under which the used car lemon law may apply

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.

What vehicles are covered in the OH Lemon Law

Vehicles that are covered under the Ohio Lemon Law

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.

Ohio residents are also protected under federal lemon law statutes

The Federal Capitol Building where Magnuson Moss Warranty Act was enacted to protect consumers from lemon cars

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:

  • Your vehicle remains yours to keep!
  • Your warranty remains valid and they must still repair your vehicle.
  • Your vehicle will not be branded or labeled as a lemon in any way.
  • When trading or selling your car, there is no obligation to reveal that you obtained this money.
  • The Magnuson Moss Warranty Act, like the Lemon Law, provides consumers with access to no-cost legal aid so they can invoke their rights on a level playing field against manufacturers. But unlike the lemon law, this statute applies to used cars as well!

Choose Kimmel & Silverman as your Ohio Lemon Law Attorneys

The Ohio Lemon Law Attorneys of Kimmel & Silverman

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 Law Firms who Take Your Case on Contingency

Use caution when dealing with lemon law attorneys working on a contingency fee basis

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.

Ohio Lemon Law FAQ

Kimmel & Silverman Lemon Law Firm (K&S) was invaluable in our obtaining a fair and equitable settlement from Audi/Volkswagen. We started out with another Lemon Law firm in February 2019. In May 2019, they were still stringing us along with meager settlement offerings for a problem with our Audi Q7 for which there was no repair or resolution. Then, they wanted money to represent us in court.
~ Carol T. ⭐⭐⭐⭐⭐

How does the OH Lemon Law work?

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.

Does a problem always need to occur three times to be considered a lemon?

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.

What happens if I fall outside the 12 months/18,000 miles before my first problem exists? Does this mean I do not have a claim?

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.

How does the OH Lemon Law offer cost-free representation?

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.

Are leased cars covered under this Lemon Law?

Yes, cars that are purchased and leased are both covered.

Are motorcycles and RVs covered under the OH Lemon Law?

Yes. Non-commercial motor vehicles, motor homes (except cooking and sleeping facilities), and recreational vehicles are covered under the Ohio Lemon Law Statute.

I have had my car for only a few days and already I am having problems with it. Can I just return it to the dealership?

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.

Are used cars covered under this Lemon Law?

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.

Who can I ask more questions about this Lemon Law?

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.

We Welcome You to Submit Your Claim

Our Ohio office is located at 3 Summit Park Drive, Suite 100 Independence, OH 44131.

Get rid of your lemon! Call 1-800-LEMON-LAW (1-800-536-6652 ) for your FREE case review.

Ohio Lemon Law Statute

Summary of the Ohio Lemon Law

Sections 1345.71 to 1345.77 of the Revised Code Section 1345.71

As 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 remanufacturer as defined in that section.

"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 warranty.

"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 Revised Code.

"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.

Section 1345.72

  1. 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.
  2. 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 options;
    • All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;
    • 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:

  1. 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.
  2. 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.

Section 1345.73

It 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:

  1. Substantially the same nonconformity has been subject to repair three or more times and continues to exist;
  2. The vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days;
  3. 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;
  4. 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.

Section 1345.74

  1. 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: IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO A REPLACEMENT OR TO COMPENSATION.
  2. 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.

Section 1345.75

  1. 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.
  2. The remedies in sections 1345.71 to 1345.77 of the Revised Code are in addition to remedies otherwise available to consumers under law.
  3. 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.
  4. 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 authorized dealer.

Section 1345.76

  1. 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 applies:
  2. 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 form: IMPORTANT: 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.
  3. 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 state.

Section 1345.77

  1. 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 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.A. 2301, and regulations adopted there under.
  2. 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 agents, 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.
  3. 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.

Information in this document is provided as a public service by the consumer advocacy firm of Kimmel & Silverman for informational purposes only. This document is provided as-is and we make every effort to provide complete and accurate information. However, we do not guarantee accuracy, completeness, timeliness or correct sequencing of the information. Information on our website should not be construed as legal advice, as each case and fact pattern may alter the course of advisable action.