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Examining Ohio Law: Lemon Law Statutes

Ohio's Lemon Laws, codified by the Ohio Revised Code in Sections 1345.71 to 1345.77, provide for compensation to individuals who have purchased defective automobiles or other vehicles. Specifically, Ohio's Lemon Laws apply to new cars, noncommercial motor vehicles, motor homes and recreational vehicles that suffer a "nonconformity."

A "nonconformity" is defined as 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. Further the nonconformity must not be able to be repaired after three attempts by an authorized manufacturer's dealership. The first repair must occur in the first 12 months or 18,000 miles of ownership of the vehicle, whichever comes first. This means that vehicle purchasers that are having problems with their new vehicle should immediately take it to an authorized dealer for repair.

Ohio's Lemon Laws also apply if the vehicle has been to the mechanic eight or more total repair attempts, regardless if they are for the same or different problems, or if the vehicle has been to the mechanic to repair a condition that is likely to cause death or serious bodily injury.

Finally, Ohio's Lemon Laws contain what's called a fee-shifting provision that allows a consumer that prevails on their claim against an auto manufacturer to recover all attorney fees and legal costs in addition to whatever compensation they receive for their vehicle.

Ohio's Lemon Laws can be confusing and easily misunderstood by someone not experienced in their application. If you think you may have purchased a defective vehicle or wish to find out more information on Ohio's Lemon Laws, contact an experienced Attorney today.

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