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Ohio

OHIO Lemon Law:

Ohio Rev. Code Ann. §§ 1345.71 to 1345.78 (West)

Vehicles covered: Passenger cars, noncommercial vehicles, and

parts of motor homes not used for living; excludes mobile homes

and recreational vehicles (§ 1345.71(D), (H)). Includes leased

vehicles (§ 1345.71(A)).

Persons covered: Purchasers, lessees, transferees, or any person

entitled to enforce the warranty (§ 1345.71(A)).

Period covered: Whichever comes first: one year from the date of

delivery or 18,000 miles (§ 1345.72(A)).

Disclosure requirements: Manufacturer must provide specific,

separate notice of right to replacement or compensation for nonconforming

vehicle; upon return of vehicle from repair, itemized

written statement of work done (§ 1345.74).

Required consumer notice: Must report nonconformity to the

manufacturer, its agent or an authorized dealer (§ 1345.72(A)).

Repair requirements: It is presumed that a reasonable number of

attempts have been made if the substantially same nonconformity

is subjected to three or more repairs, the vehicle is out of service

for a cumulative total of thirty or more calendar days; 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 (§ 1345.73).

Affırmative defenses: The nonconformity is the result of abuse,

neglect, or unauthorized modification or alteration (§ 1345.75(D));

statute of limitations (§ 1345.75(C)).

Replace/refund: At the consumer’s option, the manufacturer shall

replace with a new vehicle, or refund the full purchase price

(defined) (§ 1345.72(B)).

Other reimbursement: Collateral charges (defined), finance charges

and incidental charges (defined) (§ 1345.72(B)). Costs and attorney

fees (§ 1345.75(A)).

Other remedies: There is no limit on other consumer remedies

(§ 1345.75(B)). A violation is an unfair and deceptive act or

practice (§ 1345.78). No cause of action created against dealer

(§ 1345.72(C)).

Informal dispute resolution: For remedies under this section a

consumer must use an informal dispute settlement procedure established

by the attorney general (§ 1345.77).

Resale of lemon: Full disclosure required (§ 1345.76(A)). Twelve

month or 12,000 mile warranty, or remainder of manufacturer’s

warranty if greater, required on resale (§ 1345.76(A)(1)). If the

vehicle is returned under any state law for a nonconformity likely

to cause death or serious bodily injury, it may not be sold in-state

(§ 1345.76(B)). ‘‘Buyback’’ to be stamped on any future certificate

of title issued (§ 1345.76(C)).