Lemon Law FAQs
Have questions about the Lemon Law? Wondering how does the
Lemon Law work? You’re not alone. There are many people
in your situation who have purchased or leased a car or truck
or motorhome, and have questions about the Lemon Law. If
you think you’ve got a lemon, the Lemon Law can work
to help you get rid of it. How does the Lemon Law work?
Click on the Lemon Law FAQs
below for more information:
- What kind of vehicles
are covered by the Lemon Law?
- Are there other laws,
besides the Lemon Law, that can help me?
- What is a "lemon"?
- Does the Lemon Law cover
a used car?
- Does the Lemon Law cover
a leased car?
- Does the Lemon Law still
cover my vehicle if I bought an extended warranty?
- The manufacturer wants
to give me an extended warranty instead of replacing
my car. What happens if I accept it?
- I have a lemon car and
they agreed to replace it but they want me to pay for
the mileage on the old car. Do I have to do that?
- Can I cancel a contract
for an automobile within three days?
- How many chances do
I have to give the dealer to fix my car?
- How long do I have to
let them work on my car?
- Is there a limit on
the number of repair attempts that I have to put up with?
- Do recalls count toward
3 repair attempts?
- Is there any limit on
the number of defects that I have to put up with?
- The dealer has worked
on my brakes twice now and they still aren't right. I
think my brakes are defective. How many chances do they
get?
- I have a lemon car and
they want to replace it but I just want my money back.
Do I have to take another car from them?
- What is Arbitration?
- I think my used car
was bought back once by the manufacturer and the dealer
didn't tell me when I bought it. Should I be concerned
about that?
- I was given an auto
repair estimate and the final bill was much higher. Is
there a limit to how much a repair bill can exceed the
estimate?
1.
What kind of vehicles are covered by the Lemon Law?
Cars, light trucks (one ton and under), motorcycles, snowmobiles,
and most of an RV.
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2.
Are there other laws, besides the Lemon Law, that can help
me?
Sure. Ohio has some of the strongest consumer protection
laws in the country. Click here to learn more about the Ohio
Motor Vehicle Sales Rule or the "Federal
Lemon Law".
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3.
What is a "lemon"?
It's a vehicle that has a problem, that is covered by warranty,
that "substantially impairs the use, value or safety
of the vehicle" to you and which the dealer has not
fixed within a reasonable number of chances.
Use this handy, printable Repair
History Form to keep track of your repair trips!
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4.
Does the Lemon Law cover a used car?
Yes, it can. As long as the car was still covered by the
original manufacturer's warranty when you got it, the Lemon
Law may still apply to help you get rid of it.
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5.
Does the Lemon Law cover a leased car?
Yes. It doesn't matter whether you leased it or bought it
- the only question is whether it's a lemon.
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6.
Does the Lemon Law still cover my vehicle if I bought an
extended warranty?
Yes. In fact you may have even more legal rights when you
have an extended warranty because the manufacturer can violate
the Lemon Law and, at the same time, violate the extended
warranty too!
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7. The
manufacturer wants to give me an extended warranty instead
of replacing my car. What happens if I accept it?
You probably will lose all your Lemon Law rights, so be very
sure that you can live with the result. Extending the warranty
is a very cheap way out for the manufacturer. All you really
are getting is the promise that they'll keep trying, again
and again, when more things go wrong in the future.
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8. I
have a lemon car and they agreed to replace it but they
want me to pay for the mileage on the old car. Do I have
to do that?
No. There is nothing in the Lemon Law that gives the manufacturer
the right to make you pay for the privilege of driving a lemon
- but they always try to!
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9.
Can I cancel a contract for an automobile within three
days?
Generally not, unless it is part of the agreement. However,
if the car dealer violates the law in the process of selling
you the car, then you probably can cancel the deal as long
as the vehicle is in substantially the same condition as
it was when you got it and you tried to cancel the deal within
a reasonable time. To learn more about the Ohio
Motor Vehicle Sales Rule,
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10.
How many chances do I have to give the dealer to fix my
car?
If the same defect is worked on 3 times and still exists
after that, then it's a lemon. At that point you have a right
to ask for your money back or a new car that runs right.
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11.
How long do I have to let them work on my car?
A total of 30 days out of service is the maximum allowed
in the first year/18,000 miles before declaring the vehicle
to be a lemon. Keep track of the days out of service, count
weekends and holidays, too, and the days do not have to be
consecutive (it can be 2 days here plus 6 days there, etc),
and when you arrive on "day 31"
you can legally call your car a lemon.
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12. Is
there a limit on the number of repair attempts that I have
to put up with?
Yes. If it is the same defect, then only 3 unsuccessful repair
attempts are needed to qualify as a lemon. If it's different
problems, then no more than 8 times in the shop total; if
it isn't fixed by then, it is a lemon.
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13.
Do recalls count toward 3 repair attempts?
If they don't get the recall work fixed right the first time,
then
"yes" you can count it.
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14.
Is there any limit on the number of defects that I have
to put up with?
Yes, 8. Defect number 9 makes it a lemon.
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15.
The dealer has worked on my brakes twice now and they still
aren't right. I think my brakes are defective. How many
chances do they get?
You only have to give them one chance to fix a defect that
is so serious that it could cause an accident or someone
to get hurt. The second time that defect occurs, you've got
a lemon.
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16. I
have a lemon car and they want to replace it but I just
want my money back. Do I have to take another car from
them?
No. You are the one who gets to decide what you want to do
under the Lemon Law, either make them buy it back or make
them replace it with a new one that runs right. You do not
have to accept the choice that the manufacturer wants you
to take.
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17.
What is Arbitration?
Arbitration allows a "neutral" third party to make
a decision about your case. It has some advantages and some
disadvantages for the consumer. First, it is usually faster
than the court process. Second, you don't need an attorney's
help to go thru it. However, one of the biggest disadvantages
is that the consumer seldom wins a "buyback" decision
in arbitration. Also, the arbitration systems are usually
funded by the manufacturers, so don't expect it to be completely
impartial or fair. Finally, it is not supposed to be binding
on the consumer, but some of them say that they are. You
have to be very careful about getting caught in an arbitration
"trap".
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18. I
think my used car was bought back once by the manufacturer
and the dealer didn't tell me when I bought it. Should
I be concerned about that?
Yes. Many people believe in the saying "once a Lemon,
always a Lemon" and they just won't pay much for a "buyback"
lemon car. The market value of a lemon just isn't the same
as a car that has always run right. The dealer was supposed
to tell the consumer if the car was a Lemon Law buyback,
before they sold it to you. To learn more about Lemon
Laundering click here.
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19. I
was given an auto repair estimate and the final bill was
much higher. Is there a limit to how much a repair bill
can exceed the estimate?
Yes, no repair work charge may exceed the written estimate
by more than 10% unless the additional work represented by
the excess charge has been authorized by the customer in
advance. You may have lots of other legal rights on auto
repairs, too. To read Ohio Motor
Vehicle Repair Rule click here.
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