OHIO Lemon Law:
Ohio Rev. Code Ann. §§ 1345.71 to 1345.78 (West)
Vehicles covered: Passenger cars, noncommercial vehicles, and
parts of motor homes not used for living; excludes mobile homes
and recreational vehicles (§ 1345.71(D), (H)). Includes leased
vehicles (§ 1345.71(A)).
Persons covered: Purchasers, lessees, transferees, or any person
entitled to enforce the warranty (§ 1345.71(A)).
Period covered: Whichever comes first: one year from the date of
delivery or 18,000 miles (§ 1345.72(A)).
Disclosure requirements: Manufacturer must provide specific,
separate notice of right to replacement or compensation for nonconforming
vehicle; upon return of vehicle from repair, itemized
written statement of work done (§ 1345.74).
Required consumer notice: Must report nonconformity to the
manufacturer, its agent or an authorized dealer (§ 1345.72(A)).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the substantially same nonconformity
is subjected to three or more repairs, the vehicle is out of service
for a cumulative total of thirty or more calendar days; there have
been eight or more attempts to repair any nonconformity; or there
has been at least one attempt to repair a condition likely to cause
death or serious bodily injury if the vehicle is driven (§ 1345.73).
Affırmative defenses: The nonconformity is the result of abuse,
neglect, or unauthorized modification or alteration (§ 1345.75(D));
statute of limitations (§ 1345.75(C)).
Replace/refund: At the consumer’s option, the manufacturer shall
replace with a new vehicle, or refund the full purchase price
(defined) (§ 1345.72(B)).
Other reimbursement: Collateral charges (defined), finance charges
and incidental charges (defined) (§ 1345.72(B)). Costs and attorney
fees (§ 1345.75(A)).
Other remedies: There is no limit on other consumer remedies
(§ 1345.75(B)). A violation is an unfair and deceptive act or
practice (§ 1345.78). No cause of action created against dealer
Informal dispute resolution: For remedies under this section a
consumer must use an informal dispute settlement procedure established
by the attorney general (§ 1345.77).
Resale of lemon: Full disclosure required (§ 1345.76(A)). Twelve
month or 12,000 mile warranty, or remainder of manufacturer’s
warranty if greater, required on resale (§ 1345.76(A)(1)). If the
vehicle is returned under any state law for a nonconformity likely
to cause death or serious bodily injury, it may not be sold in-state
(§ 1345.76(B)). ‘‘Buyback’’ to be stamped on any future certificate
of title issued (§ 1345.76(C)).