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ATM 4112 - Integrative Capstone

Missouri

State of Missouri 

Officially known as The Missouri New Vehicles Warranty Law, the "Lemon Law" applies to new vehicles sold or leased with warranty provisions. The Missouri New Vehicles Warranty Law does not apply to the following:

  • Commercial vehicles,
  • Off-road vehicles,
  • Mopeds,
  • Motocycles,
  • The non-chassis portion of recreational vehicles (living quarters) 

The Missouri New Vehicles Warranty Law serves to enforce the manufacture's express warranty but in order for The Missouri New Vehicles Warranty Law to be enacted the new-vehicle owner(s) must report problems or defects in writing to the manufacturer. The manufacturer is allowed a "reasonable" number of attempts to correct the problem. 

A reasonable number of attempts includes the following:

  • Four or more visits to the repair shop to correct the problem and the problem still exists; or
  •  The vehicle has been out of service because of a problem covered by warranty for 30 or more working days since delivery, excluding delays that are beyond the manufacturer's control.

If the problem cannot be fixed in a "reasonable number of repair attempts" the manufacturer can either offer you a cash refund or a vehicle of comparable value. Under the law, manufacturers can deduct a "reasonable allowance for the consumer's use of the vehicle" from the refund. The law also stipulates that the replacement vehicle must be acceptable to the consumer. 

Know the facts. Missouri consumer protection laws are found in Chapter 407 at the Revisor of Statues for the State of Missouri. In particular:

For more information please see: 

Office of Attorney General Josh Hawley (2017) All About Autos New Cars, Used Cars, and Repairs

Department of Motor Vehicles (2017) Missouri Lemon Law

Kansas

State of Kansas 

Officially known as The Kansas "Lemon Law" applies to new vehicles sold or leased with warranty provisions and a gross weight of 12,000 pounds or less. The Kansas Lemon Law does not apply to the following:

  • Customized parts of motor vehicles which have been added or modified by second stage manufacturers, first stage converters or second stage converters as defined in K.S.A. 8-2401, and amendments

The Kansas Lemon Law serves to cover problems that do not conform to the manufacturer's warranty, a nonconformity. The manufacturer's duty to repair exists when the consumer reports the nonconformity to the manufacturer, its agent or authorized dealer during the term of any warranties OR within one year following the date of the motor vehicle's original delivery to a consumer, whichever comes first.  The presumption that a reasonable number of attempts has been undertaken to conform a motor vehicle to the express warranty if any of the following occurs:

  1. During the term of any warranty or within one year following the date of the motor vehicle’s original delivery to a consumer, whichever comes first, the same nonconformity that substantially impairs the use and value of the motor vehicle to the consumer has been subject to repair four or more times by the manufacturer, its agents or authorized dealers, and the nonconformity continues to exist;
  2. During the term of any warranty or within one year following the date of the motor vehicle’s original delivery to a consumer, whichever comes first, the motor vehicle is out of service due to repair for a cumulative total of 30 or more calendar days; or
  3. There have been ten or more attempts by the manufacturer, its agents or authorized dealers to repair any nonconformities that substantially impair the use and value of the motor vehicle to the consumer.

The term of any warranty, the one year period, and the 30 day period are extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood or other natural disaster.

A defense to a "lemon law" claim exists if 1.) the "alleged nonconformity does not substantially impair such use and value; or 2.) a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer." 

If the problem cannot be fixed in a "reasonable number of repair attempts" the manufacturer can either offer to repurchase the motor vehicle or replace it with a vehicle of comparable value. Under the law, manufacturers can deduct a "reasonable allowance for use" from the refund. The law also stipulates that the replacement vehicle must be acceptable to the consumer. 

Know the facts. Kansas Lemon Law Rights are found in Chapter 50, Article 6, Unfair Trade and Consumer Protection Kansas Lemon Law 50-645 Motor Vehicle Warranties

For more information please see: 

Attorney General's Office (2017) Your home and car

Better Business Bureau (2006) Standards of the Kansas Lemon Law

Car Lemon (2018) Kansas Lemon Law Rights Consumer Guide

Department of Motor Vehicles (2017) Lemon Law in Kansas

North Dakota

State of North Dakota

The North Dakota lemon law applies to new “passenger motor vehicles” sold or leased in North Dakota and vehicles whose express warranty is still valid. However, the North Dakota lemon law does does not apply to the following:​

  • Vehicle converters,
  • Motor homes,
  • Used vehicles with an expired express warranty,
  • Vehicles with a registered gross weight rating of over 10,000 pounds
  • House car as defined in section N.D.C.C. section 39-01-01

Lemon Law Rights Period

The North Dakota lemon law is valid through the the earlier of the following:

  1. Expiration of the manufacturer's express written warranty; 
  2. 12 months after the date of the initial retail delivery of  the passenger motor vehicle to a consumer

The North Dakota lemon law serves to enforce the manufacturer's warranty and to correct vehicular nonconformities but in order for the North Dakota lemon law to be enforced vehicle owner(s) must report problems or defects in writing to the manufacturer, its agent, or authorized dealer during the term of the express warranties or during the period of one year following the date of original delivery of the passenger motor vehicle to the consumer, whichever is earlier. The manufacturer is allowed a "reasonable" number of attempts to correct the problem. 

A reasonable number of attempts includes the following:

  • The same nonconformity has been subject to repair more than three times and continues to exist; or
  • The vehicle has been out of service for repair for a cumulative total of at least 30 business days.
  • The term of an express warranty, the one-year period and the thirty-day period, are extended by any period during which repair services are unavailable because of war, invasion, strike, fire, flood, or natural disaster. 

The reasonable number of attempts does not apply unless the manufacturer has received prior direct notification from or on behalf of the consumer and an opportunity to cure the alleged defect.

If the problem cannot be fixed in a "reasonable number of repair attempts" the manufacturer can either offer to repurchase or replace with a vehicle of comparable value. Under the law, manufacturers can deduct a "reasonable allowance for the consumer's use of the vehicle" from the refund. 

Statute of Limitations:

A consumer must bring forth an action under the North Dakota lemon law within six months after the earlier of: 

  • Expiration of the express warranty term; or 
  • 18 months after the date of original delivery of the passenger motor vehicle to a consumer 

Know the facts: The North Dakota Lemon Law is found at N.D.C.C. Chapter 51-07, specifically sections 51-07-16 through 51-07-22.

For more information please see: 

Better Business Bureau (2006) Standards of the North Dakota Lemon Law

CarLemon (2017) North Dakota Lemon Law

Department of Motor Vehicles (2017) Lemon Law in North Dakota

 

South Dakota

State of South Dakota

Within South Dakota, a "lemon" vehicle is one that has a single problem (or a series of problems that "significantly impairs the use, value, or safety of the vehicle". The problems must arise from routine use, not through acts of abuse or neglect. Also, the problems cannot be the result of an accident, or an alteration of the vehicle that is not authorized by the manufacturer. The South Dakota lemon law applies to a "new or previously untitled motor vehicle” sold or leased in South Dakota. However, the South Dakota lemon law does does not apply to the following:​

  • Motor homes,
  • Used vehicles,
  • Vehicles with a registered gross weight rating of 15,000 pounds or more

Lemon Law Rights Period

The South Dakota lemon law is valid through the the earlier of the following:

  1. Expiration of the manufacturer's express written warranty; 
  2. 12 months after the date of the initial retail delivery of  the passenger motor vehicle to a consumer; or 
  3. First 12,000 miles of operation

The South Dakota lemon law serves to enforce the manufacturer's warranty and to correct vehicular nonconformities but in order for the South Dakota lemon law to be enforced vehicle owner(s) must report problems or defects in writing to the manufacturer, its agent, or authorized dealer during the term of the lemon law rights period. Repairs are also required following the expiration of the lemon law rights period if notice of the noncomforming condition was first given during the lemon law rights period. However, the manufacturer's obligation to repair the nonconforming condition does not extend beyond the period of twenty-four months following delivery of the vehicle or twenty-four thousand miles, whichever occurs first. Source: SL 1993, ch 227, § 2. 

The manufacturer is allowed a "reasonable" number of attempts to correct the problem. 

A reasonable number of attempts includes the following:

  • The same nonconformity has been subject to repair four or more times, at least one of which occurred during the lemon law rights period, plus one final attempt by the manufacturer and continues to exist; or
  • The vehicle has been out of service for repair for a cumulative total of at least 30 business days, during which time, at least one attempt at repair occurred during the lemon law rights period

The term of an express warranty, the 24 month period and the thirty-day period, are extended by any period during which repair services are unavailable because of war, invasion, strike, fire, flood, or natural disaster. 

The reasonable number of attempts does not apply unless the manufacturer has received prior direct notification from or on behalf of the consumer and an opportunity to cure the alleged defect.

If the problem cannot be fixed in a "reasonable number of repair attempts" the manufacturer can either offer to repurchase or replace with a vehicle of comparable value. Under the law, manufacturers can deduct a "reasonable allowance for the consumer's use of the vehicle" from the refund. Source: SL 1993, ch 227, § 5.

Statute of Limitations:

A consumer must bring forth an action under the South Dakota lemon law within three years following the date of original delivery of the motor vehicle to the consumer.  

Know the facts: The South Dakota Lemon Law is found at SD 32-6D, specifically sections 32-6D-1 through 32-6D-11.

For more information please see: 

Better Business Bureau (2007) Standards of the South Dakota Lemon Law

CarLemon (2017) South Dakota Lemon Law

Office of Attorney General (n.d.) Automotive Consumer Protection

Consumer Affairs (2018) South Dakota Lemon Law Summary

Department of Motor Vehicles (2017) Lemon Law in South Dakota

Wisconsin

State of Wisconsin

Wisconsin Lemon Law changed significantly in March 2014. Please use caution when determining if the information you are seeking pertains to a vehicle purchased or leased fon or following March 1, 2014 or prior to that date. For purposes of this guide the information provided pertains to vehicles purchased or leased on or after March 1, 2014.

The Wisconsin lemon law applies to a new or leased new motor vehicle sold or leased in Wisconsin. Wisconsin lemon law does apply to motorcycles and motor homes. However, the Wisconsin lemon law does does not apply to the following:​

  • Moped,
  • Semitrailer,
  • Trailer designed for use in combination with a truck or truck tractor,
  • Used vehicles,

Nonconformity in Wisconsin is defined as "a condition or defect which substantially impairs the use,value or safety of a motor vehicle, and is covered by an express warranty applicable to the motor vehicle or to a component of the motor vehicle, but does not include a condition or defect which is the result of abuse, neglect or unauthorized modification or alteration of the motor vehicle by a consumer." Wis. Stat. s218.0171(1)(f). 

Lemon Law Rights Period

The Wisconsin lemon law is valid through the the earlier of the following:

  1. Expiration of the manufacturer's express written warranty; or
  2. 12 months after the date of the initial retail delivery of  the motor vehicle to a consumer; 

The Wisconsin lemon law serves to enforce the manufacturer's warranty and to correct vehicular nonconformities but in order for the Wisconsin lemon law to be enforced vehicle owner(s) must report problems or defect(s) in writing to the manufacturer, its agent, or authorized dealer during the term of the lemon law rights period. 

The manufacturer is allowed a "reasonable" number of attempts to correct the problem. 

A reasonable number of attempts includes the following:

  • The same nonconformity with the warranty is subject to repair by the manufacturer, motor vehicle lessor or any of the manufacturer's authorized motor vehicle dealers at least four or more times and continues to exist; or
  • The vehicle has been out of service for repair for an aggregate of at least 30 days because of warranty nonconformities. Please consult Wis. Stat. s218.0171(1)(g) for the additional parameters of "out of service".   

The term of the thirty-day period, are extended by any period during which repair services are unavailable because of war, invasion, strike, fire, flood, or natural disaster. 

The reasonable number of attempts does not apply unless the manufacturer has received prior direct notification from or on behalf of the consumer and an opportunity to cure the alleged defect.

In Wisconsin, a Motor Vehicle Lemon Law Notice and Nonconformity Report form (MV2691) must be completed and returned to the manufacturer (recommended delivery service is Certified Mail) according to the instructions contained within the form. 

If the problem cannot be fixed in a "reasonable number of repair attempts" the manufacturer can either offer to repurchase or replace with a vehicle of comparable value if the vehicle is owned. Wisconsin lemon does not allow for the replacement remedy of a leased vehicle. Collateral costs, sales tax, and finance charges must also be refunded for owned vehicles. 

Statute of Limitations:

A consumer must bring forth an action under the Wisconsin lemon law within three years (36 months) following the date of original delivery of the motor vehicle to the consumer.  

Know the facts: The Wisconsin Lemon Law is found at Wisconsin Statute Chapter 218, specifically section 218.0171.

For more information please see: 

Better Business Bureau (2007) Summary of 2014 WIS. ACT 101 and the Wisconsin Lemon Law (pages 2-7 for vehicles purchased or leased before 3/1/2014; pages 8-14 for vehicles purchased or leased on or after 3/1/2014)

CarLemon (2018) Wisconsin Lemon Law

Wisconsin DOT (n.d.) Wisconsin Lemon Law for Purchased made on or after March 1, 2014

Department of Motor Vehicles (2017) Lemon Law in Wisconsin

Department of Transportation (2018) Lemon Law 

Michigan

State of Michigan

The Michigan lemon law applies to a new or leased new motor vehicle sold or leased in Michigan or vehicles that are purchased or leased by a Michigan resident (regardless of whether the vehicle was purchased or leased in Michigan), and that is covered by a manufacturer's express warranty at the time of purchase or lease. Michigan lemon law does apply to motorcycles and motor homes. The definition of what constitutes a "motor vehicle" can be found in section 33 of the Michigan vehicle code, MCL 257.33.  However, the Michigan lemon law does does not apply to the following:​

  • Motor homes
  • Bus,
  • Truck other than a pickup truck or van
  • Any vehicle designed to travel on less than 4 wheels
  • Used vehicles

*Note: Michigan is unique in that there are very specific parameters as to the number of vehicles that can be purchased or leased in a year. See MCL 257.1401 (a)(II)&(III)

Nonconformity: Michigan does not explicitly define the term nonconformity. Rather Michigan stipulates that the manufacturer or a new motor vehicle dealer of that type of motor vehicle "shall repair the defect or condition as required under section 3 (MCL 257.1403) if the consumer initially reported the defect or condition to the manufacturer..." MCL 257.1402. 

Lemon Law Rights Period

The Michigan Lemon law is valid through the earlier of the following:

  1. Expiration of the manufacturer's express written warranty; or
  2. 12 months after the date of the initial delivery of  the new motor vehicle to the original consumer; 

The Michigan lemon law serves to enforce the manufacturer's warranty and to correct vehicular defects but in order for the Michigan lemon law to be enforced vehicle owner(s) must report problems or defect(s) in writing to the manufacturer, its agent, or authorized dealer during the term of the lemon law rights period. 

The manufacturer is allowed a "reasonable" number of attempts to correct the problem. 

A reasonable number of attempts includes the following:

  • The same defect or condition that substantially impairs the use or value of the new motor vehicle to the consumer has been subject to repair a total of 4 or more times by the manufacturer or new motor vehicle dealer within 2 years of the date of the first attempt to repair the defect or condition, and the defect or condition continues to exist and the consumer anytime after the third attempt to repair the same defect or condition gave written notification by return receipt service to the manufacturer; or
  • The vehicle has been out of service for repair for a total of at least 30 days or parts of days during the term of the manufacturer's express warranty, or within 1 year from the date of delivery to the original consumer, whichever is earlier. After 25 days or parts of days during which the vehicle has been out of service the consumer must give gave written notification by return receipt service to the manufacturer
  • After written notification and delivery to the designated repair facility, the manufacturer has 5 business days to repair the defect or condition. 

The term of the express warranty, and the 1-year, 30-day, and 5-day periods of time provided are extended by any period during which repair services are unavailable because of war, invasion, strike, fire, flood, or natural disaster. 

The reasonable number of attempts does not apply unless the manufacturer has received prior direct notification from or on behalf of the consumer and an opportunity to cure the alleged defect as stipulated above.

If the problem cannot be fixed in a "reasonable number of repair attempts" for purchased vehicles the manufacturer within 30 days shall either "replace the new motor vehicle with a comparable replacement motor vehicle currently in production" or "accept return of the vehicle and refund to the consumer the purchase price" (MCL 257.1403(1)(a)). If the vehicles was leased, the manufacturer shall within 30 days either receive a refund of the lease price paid or accept a comparable replacement vehicle in lieu of a refund (MCL 257.1403(1)(b)). A reasonable allowance for the consumer's use of teh vehicle may be deducted. Please see (MCL 257.1403(2)) for specifics and the formula for calculating a reasonable allowance. 

Affirmative Defense: The New Motor Vehicle Warranties Act 87 of 1986 does not apply to a "defect or condition that is a result of either of the following: (a) A modification not installed or made by or for the manufacturer. (b) Abuse or neglect of the new motor vehicle or damage due to an accident that occurred after the new motor vehicle was purchased or leased by the consumer" (MCL 257.1406). 

Statute of Limitations:

Michigan does NOT specify a statute of limitations for filing claims! In this situation, it is recommended to follow the parameters fo the UCC statute of limitations. 

Know the facts: The Michigan Lemon Law is found at Michigan Lemon Law Act 87 of 1986, specifically New Motor Vehicle Warranties sections MCL 257.1401 through 257.1410. 

For more information please see: 

Better Business Bureau (2008) Standards of the Michigan Lemon Law

Department of Attorney General Bill Schuette (2018) Michigan's Lemon Law

Secretary of State (2018) Michigan's Auto Lemon Law

Consumer Protection Division Department of the Attorney General (2018) Michigan's Lemon Law

Department of Motor Vehicles (2018) Lemon Law in Michigan

Iowa

State of Iowa 

The Iowa lemon law applies to new vehicles sold or leased in Iowa and motor vehicles purchased or leased in other states if the consumer is a resident of Iowa at the time the consumer's rights under the lemon law are asserted. The Iowa lemon law does apply to vehicle converters and to used vehicles. However, the Iowa lemon law does does not apply to the following:

  • Mopeds,
  • Motorcycles,
  • Motor tricycles
  • Motor Homes,
  • Vehicles with a G.V.W. rating of over 10,000 pounds if purchased before July 1, 2014, or
  • Vehicles wish a G.V.W. rating of over 15,000 pounds if purchased or lease on or after July 1, 2014. 

Lemon Law Rights Period

The Iowa lemon law is valid through the the earlier of the following:

  1. Expiration of the manufacturer's written warranty; 
  2. 24 months after the date of the initial retail delivery of a motor vehicle to a consumer; or 
  3. The first 24,000 miles of operation after such delivery.

The Iowa lemon law serves to enforce the manufacture's warranty and to correct vehicular nonconformities but in order for the Iowa lemon law to be enforced vehicle owner(s) must report problems or defects in writing to the manufacturer, its agent, or authorized dealer during the lemon law rights period as outlined above. The manufacturer is allowed a "reasonable" number of attempts to correct the problem. 

A reasonable number of attempts includes the following:

  • Three attempts to repair the same nonconformity that substantially impairs the motor vehicle, and the problem still exists. At this point, the consumer may give one last written written notification to the manufacturer of the need to repair the nonconformity. The manufacturer then has 10 days of receipt of notification to contact the consumer and arrange for repairs at a reasonably accessible repair facility. Repairs must be performed within 10 days after receipt of the consumer's not of the need to repair the nonconformity;
  • One attempt to repair a nonconformity that is likely to cause death or serious bodily injury, plus a final attempt by the manufacturer to repair the vehicle made within 10 days after receipt of the consumer's notice by express, certified or registered mail; or
  • The vehicle has been out of service because of a problem covered by warranty for 30 or more calendar days, exclusive of down time for routine maintenance. The 30-day time period may be extended if repair services are unavailable because of war, invasion, strike, fire, flood, or natural disaster. 

If the problem cannot be fixed in a "reasonable number of repair attempts" the manufacturer can either offer to repurchase or replace with a vehicle of comparable value. Under the law, manufacturers can deduct a "reasonable allowance for the consumer's use of the vehicle" from the refund. The law also stipulates that the replacement vehicle must be acceptable to the consumer. 

Know the facts: Iowa consumer protection laws are found in Chapter 322G. In particular,

For more information please see: 

Better Business Bureau (2014) Standards of the Iowa Lemon Law

CarLemon (2017) Iowa Lemon Law

CarLemon (2017) Iowa Lemon Law Rights Consumer Guide

Office of Attorney General Tom Miller (2017) Lemon Law

Department of Motor Vehicles (2017) Lemon Law in Iowa

Iowa Motor Vehicle Defect Notification Form

Illinois

State of Illinois 

The Illinois lemon law as set forth in the New Vehicle Buyer Protection Act applies to new cars sold or leased in Illinois and light trucks, vans under 8,000 pounds, recreational vehicles not including trailers, and vehicles purchased by a fire department, a fire protection district, or a township fire department. The consumer must have a purchase or lease period "of at least one year a new vehicle from the seller." (815 ILCS 380/2(a)). The Illinois lemon law does apply to vehicle converters. However, Illinois lemon law does not apply to the followign:

  • Used cars
  • Motocycles
  • Trailers
  • Boats
  • Modified or altered vehicles

Nonconformity: "refers to a new vehicle's failure to conform to all express warranties applicable to such vehicle, which failure substantially impairs the use, market value or safety of that vehicle." 815 ILCS 380/2(d).

Lemon Law Rights Period

The Illinois lemon law is valid through the earlier of the following: 

  1. 12 months after the date of the initial delivery of a new vehicle to a consumer; or 
  2. The first 12,000 miles of operation.

The Illinois lemon law serves to enforce the manufacture's warranty and to correct vehicular nonconformities but in order for the Illinois lemon law to be enforced vehicle owner(s) must provide "prior direct written notification" to the manufacturer, its agent, or authorized dealer during the lemon law rights period as outlined above. The manufacturer is allowed a "reasonable" number of attempts to correct the problem (815 ILCS 380/3(h)).  

A reasonable number of attempts includes the following:

  • Four attempts to repair the same nonconformity that substantially impairs the motor vehicle, and the problem still exists, or
  • The vehicle has been out of service because of a problem covered by warranty for 30 or more business days during the statutory warranty period. The statutory warranty period of a new vehicle may be suspended if repair services are unavailable because of war, invasion, strike, fire, flood, or natural disaster. 

If the problem cannot be fixed in a "reasonable number of repair attempts" the manufacturer can either offer to repurchase the vehicle for the full purchase price or lease cost of the new vehicle, including all collateral charges but not the taxes paid by the purchaser on the initial purchase of the new vehicle, or replace with a new vehicle of "like model line" or a vehicle of comparable value. Under the law, manufacturers can deduct a "reasonable allowance for the consumer use of the vehicle" from the refund.  

Affirmative Defense: If it is found that the nonconformity is a result of "abuse, neglect or unauthorized modifications or alterations" this will serve as a affirmative defense to any claims made under the New Vehicle Buyer Protection Act (815 ILCS 380/3(d))

Statute of Limitations:

A consumer must bring forth an action under the New Vehicle Buyer Protection Act within eighteen months following the date of original delivery of the motor vehicle to the consumer (815 ILCS 380/6). 

Know the facts: Illinois lemon laws are found in the New Vehicle Buyer Protection Act (815 ILCS 380)

For more information please see: 

Better Business Bureau (2009) Standards of the Illinois Lemon Law

Office of Attorney General Lisa Madigan (2018) Lemon Law

Department of Motor Vehicles (2018) Lemon Law in Illinois

FindLaw (2018) Illinois Lemon Laws

Ohio

State of Ohio 

The Ohio lemon law as set forth applies to any passenger car or noncommercial motor vehicle or parts of a motor home as specified within Ohio Rev. Code Ann. Sec. 1345.71(d). The Ohio lemon law does not specifically state that it does not cover used vehicles but based upon the lemon law rights period it is inferred that it does not apply to used vehicles outside those parameters. The Ohio lemon law does not apply to vehicle converters. Additionally, the Ohio lemon law does not apply to the following:

  • Mobile home
  • Recreational vehicle
  • Manufactured home

The definition of what constitutes a "passenger car" can be found at Ohio Rev. Code Ann. Section 4501.01(e) and a "noncommercial motor vehicle" can be found at Ohio Rev. Code Ann. Section 4501.01(h)

Nonconformity: "means any 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 of the manufacturer or distributor" Ohio Rev. Code Ann. Sec. 1345.71.

Lemon Law Rights Period

The Ohio lemon law is valid through the earlier of the following: 

  1. 12 months after the date of original delivery; or 
  2. The first 18,000 miles of operation.

The Ohio lemon law serves to enforce the manufacture's warranty and to correct vehicular nonconformities but in order for the Ohio lemon law to be enforced vehicle owner(s) must provide "prior direct written notification" to the manufacturer, its agent, or authorized dealer during the lemon law rights period as outlined above. The manufacturer is allowed a "reasonable" number of attempts to correct the problem.  

A reasonable number of attempts includes the following:

  • Three or more attempts to repair the same nonconformity, and the problem still exists or recures, or
  • The vehicle has been out of service by reason of repair for a cumulative total of thirty or more calendar days,
  • There have been eight or more attempts to repair any nonconformity;
  • There has been at least one attempt to repair a nonconformity that results n a condition that is likely to cause death or serious bodily injury if the vehicle is driven, and the nonconformity either continues to exist or recurs.
  •  The period of time may be extended if repair services are unavailable because of war, invasion, strike, fire, flood, or natural disaster. 

If the problem cannot be fixed in a "reasonable number of repair attempts" the manufacturer can either replace the motor vehicle with a new motor vehicle acceptable to the consumer or shall accept return of the vehicle from the consumer and refund the purchase price and incidental charges. 

Affirmative Defense: If it is found that the nonconformity is a result of "abuse, neglect or unauthorized modifications or alterations" this will serve as a affirmative defense to any claims. 

Statute of Limitations:

A consumer must bring forth an action within five years following the date of original delivery of the motor vehicle to the consumer. See Curl v. Volkswagen of America, Inc., 2005 Ohio 6420 (Ohio Ct. App. 2005).   

Know the facts: Ohio lemon laws are found in Ohio Rev. Code Ann. Sec. 1345 of the Consumer Protection Laws. Specifically, Sections 1345.71 through 1345.78. 

For more information please see: 

Better Business Bureau (2006) Standards of the Ohio Lemon Law

​Office of Attorney General Mike DeWine (2018) Lemon Law

Department of Motor Vehicles (2018) Lemon Law in Ohio

Ohio State Bar Association (2015) Consumers should know rights when buying used cars

Lawriter Ohio Laws and Rules (2018) Chapter 1345 Consumer Sales Practices