Lemon Law

Topics: Law, Consumer protection, Car dealership Pages: 5 (1614 words) Published: March 21, 2011

The Lemon Law|
In Ohio|

In 1994, the National Association of Attorneys General conducted a nationwide survey that placed problems with automobiles as the number one consumer complaint. Somewhere between 2 - 30% of all new domestic and foreign vehicles sold each year have substantial performance or safety problems that cannot be readily repaired. State lemon laws provide consumers with courses of action they can take when they have purchased a defective automobile, motor home, or motorcycle. If a vehicle fails to comply with its warranty, or the use, value, or safety is substantially impaired, then the state's lemon law has set forth steps the consumer can take to be compensated for the problems. Lemon laws allow the manufacturers and dealers a reasonable amount of time to correct any problems that arise, but if they fail to fix the defects, then they must either refund the purchase price of the vehicle or supply the consumer with a comparable replacement vehicle. In 1987, legislators passed Ohio's Lemon Law. At that time it was one of the most comprehensive in the nation. The law requires that automakers repair defects to a new motor vehicle that affects its use, value, or safety. These problems must be brought to the attention of the automakers within the first twelve months or 18,000 miles, whichever happens first. The automaker, after the defects have been brought to their attention, must be given a reasonable amount of time to repair the problem. If the defect is not corrected then the consumer may be eligible for a replacement or a refund. Failure to comply with Ohio's Lemon Law is a violation of Ohio's Consumer Sales Practices Act.The Ohio Lemon Law does not cover all vehicles. Currently under the law only new vehicles are covered. Noncommercial vehicles are covered, these include farm trucks, motor homes, and any truck that is designed to carry less the three - quarters of a ton and that is not used for business purposes. Another type of vehicle that is covered is a passenger car. A passenger car is defined as a vehicle that is designed to carry up to nine people. Motorcycles are also protected under the Ohio Lemon Law. Because of the Ohio Lemon Law, the dealers and automakers are required to give consumers more information than before. Manufacturers must provide a written statement that informs new car buyers of their legal rights under the law. It states, Important: If this vehicle is defective, you may be entitled under state law to a replacement or to compensation. Also, dealers are required to give consumers an itemized work order when they take their vehicle in for service. The work order must list all the work performed, what parts were used, and the cost for parts and labor. For a vehicle to be considered a lemon vehicle it must meet the requirements that are stated in the Ohio Lemon Law statute. The first requirement is that the manufacturer of the vehicle lives up to the full length of the warranty. During the time the vehicle is covered under warranty, the consumer must give the dealer a reasonable amount of time, or chances, to fix the defect. If the consumer reaches a point where they feel they cannot rely on the vehicle, or if they feel unsafe in the vehicle, then it does not matter how long or how many times it was worked on, it would still be considered a lemon vehicle. The next requirements only apply during the first twelve months or 18,000 miles. The first of these requirements is that the same defect has been the subject of repair three or more times, but continues to exist. Also, if the vehicle is out of service, because of repairs, for a total of thirty or more days, it will qualify as a lemon vehicle. Another requirement is that there have been eight or more attempts to repair any defects that impair the value and use of the vehicle. The last requirement that defines a lemon vehicle is that there has been at least one unsuccessful attempt to repair a...
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