Ohio Lemon Law: Do You Qualify?

Ohio lemon law at a glance

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The consumer reports the nonconformity "during the period of one year following the date of original delivery or during the first eighteen thousand miles of operation, whichever is earlier" (ORC § 1345.72(A), § 1345.73(A)). It is extended by the time the vehicle could not reasonably be repaired because of war, invasion, civil unrest, strike, fire, flood or natural disaster, and the manufacturer must then arrange the use of a vehicle at no cost to you (ORC § 1345.73(B)).

What is a defect

A "nonconformity": a defect or condition that "substantially impairs the use, value, or safety of a motor vehicle to the consumer and does not conform to the express warranty" (ORC § 1345.71(E)). The Ohio Supreme Court has said the law does not create remedies for buyers who have soured on a new vehicle for cosmetic or other trivial reasons (Royster v. Toyota, 92 Ohio St.3d 327).

Repair attempts

Within the period, a reasonable number of attempts is presumed if substantially the same nonconformity has been subject to repair three or more times and "either continues to exist or recurs"; or there have been eight or more attempts to repair any nonconformity; or there has been at least one attempt to repair a nonconformity that results in a condition likely to cause death or serious bodily injury if the vehicle is driven, and it continues to exist or recurs (ORC § 1345.73(A)(1), (3), (4)).

Days out of service

The vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days within the period (ORC § 1345.73(A)(2)). The presumption stands whether or not the vehicle was repaired later (Royster v. Toyota).

Written notice

Not required by the statute: you must report the nonconformity to the manufacturer, its agent or its authorized dealer within the period (ORC § 1345.72(A)), which a repair visit does. The Attorney General's guide advises sending the manufacturer a certified letter to request a replacement or refund. If a qualified informal dispute resolution mechanism exists and you received timely written notice of it, you must resort to it before suing (ORC § 1345.77(B)).

Deadline to sue

Five years from the date of original delivery; the period is tolled from the day a complaint is filed with an informal dispute resolution mechanism established under § 1345.77 until the day it decides (ORC § 1345.75(C)).

Remedy

At your option, a replacement vehicle or a refund of the "full purchase price" (contract price with dealer-installed options and dealer charges, finance, credit insurance, warranty and service contract charges, sales tax, license and registration fees and other government charges) and all incidental damages (ORC § 1345.71(F), § 1345.72(B)). The text names no deduction for your use. Payment is by an instrument jointly payable to you and any lienholder (ORC § 1345.72(D)).

Attorney fees

A consumer who sues a manufacturer that fails to comply with § 1345.72 "shall be entitled to recover reasonable attorney's fees and all court costs" (ORC § 1345.75(A)).

Records

The manufacturer or authorized dealer must give you a fully itemized written statement of all work performed each time the vehicle is returned from service or repair (ORC § 1345.74(B)), and a form each time it is returned, whether or not any repair is performed (Ohio Adm.Code 109:4-4-05). They show the attempts and the days out of service.

Who is covered

A purchaser (not for resale); a lessee under a lease of thirty days or more where title is in another person's name; a person to whom the vehicle is transferred during the express warranty; and anyone else entitled by the warranty's terms to enforce it (ORC § 1345.71(A)). The Act creates no cause of action against the dealer (ORC § 1345.72(C)).

Used vehicles

The Act speaks of "a new motor vehicle". A later owner is a consumer if the vehicle was transferred to them during the express warranty (ORC § 1345.71(A)(3)); the period still runs from original delivery. The Attorney General's guide says the law does not apply to vehicles more than one year old or driven more than 18,000 miles. Remedies in the Act are in addition to other remedies available under law (ORC § 1345.75(B)).

Manufacturer defense

It is an affirmative defense that the 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" (ORC § 1345.75(D)).

Ohio lemon law: frequently asked questions

How many repair attempts does the Ohio lemon law require?

The law does not fix a number as a condition of the remedy: the manufacturer must be unable to conform the vehicle "after a reasonable number of repair attempts" (ORC § 1345.72(B)). It presumes a reasonable number has been made if, within the first year or 18,000 miles, substantially the same nonconformity has been subject to repair three or more times and either continues to exist or recurs, the vehicle has been out of service for repair for thirty or more calendar days in total, 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 (ORC § 1345.73(A)).

How long do I have to sue under the Ohio lemon law?

An action must be commenced within five years of the date of original delivery of the motor vehicle (ORC § 1345.75(C)). The one-year / 18,000-mile figures define the period in which the problem must be reported and the presumptions counted, not the filing deadline. Limitation periods are tolled from the day a complaint is filed with an informal dispute resolution mechanism established under § 1345.77 until the day it decides (ORC § 1345.75(C)).

Does the Ohio lemon law cover used or out-of-state vehicles?

The Act covers "a new motor vehicle", and a person to whom the vehicle is transferred during the manufacturer's express warranty is a consumer (ORC § 1345.71(A)(3)). The Attorney General's guide says it does not apply to vehicles more than one year old or driven more than 18,000 miles. Nothing in R.C. 1345.71 to 1345.78 requires that the vehicle be bought, registered or repaired in Ohio. Other remedies available under law remain (ORC § 1345.75(B)).

What can I recover if my car qualifies in Ohio?

At your option, a replacement vehicle, or a refund of the full purchase price and all incidental damages, including lender or lessor fees for making or canceling the loan or lease and expenses such as towing, vehicle rental, meals and lodging (ORC § 1345.72(B)). The text names no deduction for your use. A consumer who sues is entitled to reasonable attorney's fees and all court costs (ORC § 1345.75(A)). Treble damages are a separate Consumer Sales Practices Act remedy, available only where the practice was already declared deceptive or unconscionable by rule, or already determined unlawful by an Ohio court whose decision was made public (ORC § 1345.09(B)).

Do I have to use the manufacturer's dispute program first?

Only if a qualified informal dispute resolution mechanism exists and you received timely written notice of it with a description of its operation and effect (ORC § 1345.77(B)). The requirement is satisfied forty days after the board is notified of the dispute, or when it completes its duties, whichever is sooner (Ohio Adm.Code 109:4-4-04(C)(11)). If you are dissatisfied with the decision, or the manufacturer fails to promptly fulfill it, you may sue; the decision does not bind you unless you accept it.

Statutes cited on this page

• Ohio Rev. Code § 1345.72(A) (duty to repair; the report is made during the first year or 18,000 miles)
• Ohio Rev. Code § 1345.73(A) (the period: one year from original delivery or the first 18,000 miles, whichever is earlier)
• Ohio Rev. Code § 1345.73 (Reasonable number of repair attempts presumption)
• Ohio Rev. Code § 1345.71(A) ("consumer": a purchaser, a lessee, a person to whom the vehicle is transferred during the express warranty)
• Ohio Rev. Code § 1345.71(D) ("motor vehicle": a passenger car or noncommercial motor vehicle), with § 4501.01(H) ("noncommercial motor vehicle")
• Ohio Rev. Code § 1345.71(E) ("nonconformity": a defect or condition that substantially impairs the use, value, or safety of the vehicle)
• Ohio Rev. Code § 1345.71(F) ("full purchase price", for a sale and for a lease)
• Ohio Rev. Code § 1345.75(A) (civil action; reasonable attorney's fees and all court costs)
• Ohio Rev. Code § 1345.75(C) (a civil action must be commenced within five years of original delivery)
• Ohio Rev. Code § 1345.77(B) (prior resort to a qualified informal dispute resolution mechanism, when the consumer was told of it in writing)
• Ohio Adm.Code 109:4-4-04(C)(11) (when the requirement to resort to the board is satisfied)
• Ohio Rev. Code § 1345.75(D) (affirmative defense: abuse, neglect, unauthorized modification)
• Royster v. Toyota Motor Sales, U.S.A., Inc., 92 Ohio St.3d 327 (2001) (thirty days out of service; the opinion cites the earlier numbering, R.C. 1345.73(B))
• Ohio Attorney General, Lemon Laws guide (guidance: how to request a replacement or refund)

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.