Ohio Lemon Law

Written by SkyRidge Law Editorial Team Last updated 7 min read

Key takeaways

  • Protection period: one year after original delivery or the first 18,000 miles, whichever is earlier.
  • Repair attempts: substantially the same nonconformity subject to repair three or more times and it continues to exist or recurs, or eight or more attempts to repair any nonconformities, within the protection period.
  • Days out of service: cumulative total of 30 or more calendar days out of service for repair within the protection period.
  • Deadline: within five years of the date of original delivery of the vehicle.
  • The law is Ohio Rev. Code §§ 1345.71 to 1345.78. Read it with your repair orders and your warranty in front of you.
On this page
  1. Ohio lemon law at a glance
  2. Does your vehicle qualify in Ohio?
  3. Notice, dispute programs and deadlines
  4. What you can recover
  5. Federal warranty law also applies
  6. Talk to us about your Ohio vehicle
  7. Frequently asked questions

Ohio's lemon law is Ohio Rev. Code §§ 1345.71 to 1345.78, the Ohio Nonconforming New Motor Vehicle Law (Ohio lemon law). It gives owners a remedy when the manufacturer can't fix a warranty defect after a fair chance. This page sums up the main rules as written in the statute, with links to the official text. Use it to check your dates and your repair visits, then talk to a lawyer about your own records.

Ohio lemon law at a glance

Statute Ohio Rev. Code §§ 1345.71 to 1345.78
Official name Ohio Nonconforming New Motor Vehicle Law (Ohio lemon law)
Vehicles covered New passenger cars and noncommercial motor vehicles (as defined in R.C. 4501.01), and the parts of motor homes other than the permanently installed food storage, cooking and sleeping facilities. Mobile homes, recreational vehicles and manufactured homes are excluded.
Leased vehicles Yes, leased vehicles are covered.
Protection period One year after original delivery or the first 18,000 miles, whichever is earlier.
Repair attempts Substantially the same nonconformity subject to repair three or more times and it continues to exist or recurs, or eight or more attempts to repair any nonconformities, within the protection period.
Serious safety defects At least one attempt to repair a nonconformity likely to cause death or serious bodily injury if the vehicle is driven, and it continues to exist or recurs.
Days out of service Cumulative total of 30 or more calendar days out of service for repair within the protection period.
Notice to the manufacturer The consumer must report the nonconformity to the manufacturer, its agent or authorized dealer within the protection period. The lemon law sections do not require a separate written notice to the manufacturer.
Dispute programs If an informal dispute resolution mechanism qualified under Ohio Attorney General rules exists and the consumer was timely notified of it in writing, the consumer must use it before suing. The consumer may still sue if dissatisfied with the decision or if the manufacturer does not comply. Limitation periods are tolled while it is pending.
Deadline to bring a claim Within five years of the date of original delivery of the vehicle.
Remedies At the consumer's option, a new replacement vehicle acceptable to the consumer, or a refund of the full purchase price (including finance, credit insurance, warranty and service contract charges, taxes and fees; for leases, all lease payments and charges) plus incidental damages such as towing, rental, meals and lodging. The statute does not provide a use offset.
Attorney's fees Yes. A consumer who sues a manufacturer that failed to comply is entitled to recover reasonable attorney's fees and all court costs.
Used vehicles No separate used-car lemon law. A person to whom the vehicle is transferred during the express warranty is a covered consumer, but the defect must be reported within the first year or 18,000 miles from original delivery.

Does your vehicle qualify in Ohio?

The law covers new passenger cars and noncommercial motor vehicles (as defined in R.C. 4501.01), and the parts of motor homes other than the permanently installed food storage, cooking and sleeping facilities. Mobile homes, recreational vehicles and manufactured homes are excluded. The protection period is one year after original delivery or the first 18,000 miles, whichever is earlier. Inside that window, the statute presumes the manufacturer has had a fair chance to fix the problem when one of these is true:

  • Repeated repairs: Substantially the same nonconformity subject to repair three or more times and it continues to exist or recurs, or eight or more attempts to repair any nonconformities, within the protection period.
  • Serious safety defect: At least one attempt to repair a nonconformity likely to cause death or serious bodily injury if the vehicle is driven, and it continues to exist or recurs.
  • Days out of service: Cumulative total of 30 or more calendar days out of service for repair within the protection period.

As with most lemon laws, the defect generally has to be covered by the manufacturer's warranty and serious enough to substantially impair the vehicle's use, value or safety; check the statute's exact wording. Count only visits for the same problem, and check each repair order for your complaint, the dates in and out, and the mileage. See what counts as a repair attempt.

Notice, dispute programs and deadlines

The consumer must report the nonconformity to the manufacturer, its agent or authorized dealer within the protection period. The lemon law sections do not require a separate written notice to the manufacturer.

If an informal dispute resolution mechanism qualified under Ohio Attorney General rules exists and the consumer was timely notified of it in writing, the consumer must use it before suing. The consumer may still sue if dissatisfied with the decision or if the manufacturer does not comply. Limitation periods are tolled while it is pending.

Deadline: Within five years of the date of original delivery of the vehicle.

State resource: Ohio Attorney General, Consumer Protection Section.

Deadlines can run out before you expect, and contacting a lawyer does not stop them. Read more about lemon law deadlines and notice to the manufacturer.

Questions about your vehicle's repair history?

Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.

What you can recover

At the consumer's option, a new replacement vehicle acceptable to the consumer, or a refund of the full purchase price (including finance, credit insurance, warranty and service contract charges, taxes and fees; for leases, all lease payments and charges) plus incidental damages such as towing, rental, meals and lodging. The statute does not provide a use offset. Yes. A consumer who sues a manufacturer that failed to comply is entitled to recover reasonable attorney's fees and all court costs. Many claims are also resolved by a negotiated settlement. See buyback and replacement.

Federal warranty law also applies

The federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) applies in every state. It covers written and implied warranties on consumer products, including vehicles, and it can help when a vehicle falls outside Ohio's lemon law, for example some used vehicles sold with a warranty or a service contract.

Talk to us about your Ohio vehicle

SkyRidge Law P.C. reviews lemon law questions from owners in every state. Lawyers may practice only where they are licensed or otherwise authorized, so before you sign anything we tell you which lawyer would handle your case and where that lawyer is licensed. Send us your repair history and we will look at your dates with you.

Frequently asked questions

How many repair attempts make a car a lemon in Ohio?

Under Ohio Rev. Code §§ 1345.71 to 1345.78, the presumption is met when substantially the same nonconformity subject to repair three or more times and it continues to exist or recurs, or eight or more attempts to repair any nonconformities, within the protection period. A defect likely to cause death or serious injury has its own test: at least one attempt to repair a nonconformity likely to cause death or serious bodily injury if the vehicle is driven, and it continues to exist or recurs. The law also counts time in the shop: cumulative total of 30 or more calendar days out of service for repair within the protection period.

How long do I have to file a lemon law claim in Ohio?

Within five years of the date of original delivery of the vehicle. Other deadlines, such as the protection period and any notice or dispute-program step, can run out first, so check your dates early. Contacting a lawyer does not stop the clock.

Does the Ohio lemon law cover used cars?

No separate used-car lemon law. A person to whom the vehicle is transferred during the express warranty is a covered consumer, but the defect must be reported within the first year or 18,000 miles from original delivery. Even when the state lemon law does not apply, a used vehicle sold with a written warranty or a service contract may have rights under the federal Magnuson-Moss Warranty Act.

Does the Ohio lemon law cover leased vehicles?

Yes, leased vehicles are covered. Lease buybacks usually involve both you and the leasing company, so keep your lease agreement with your repair orders.

Do I have to notify the manufacturer in Ohio?

The consumer must report the nonconformity to the manufacturer, its agent or authorized dealer within the protection period. The lemon law sections do not require a separate written notice to the manufacturer. Keep a copy of anything you send and proof of delivery.

Do I have to go to arbitration in Ohio?

If an informal dispute resolution mechanism qualified under Ohio Attorney General rules exists and the consumer was timely notified of it in writing, the consumer must use it before suing. The consumer may still sue if dissatisfied with the decision or if the manufacturer does not comply. Limitation periods are tolled while it is pending.

Can I recover attorney's fees under the Ohio lemon law?

Yes. A consumer who sues a manufacturer that failed to comply is entitled to recover reasonable attorney's fees and all court costs. We explain exactly how fees work in your case before you sign anything.

Sources

  1. Ohio Rev. Code 1345.71 (Ohio Laws and Administrative Rules)
  2. Ohio Rev. Code 1345.72
  3. Ohio Rev. Code 1345.73
  4. Ohio Rev. Code 1345.75
  5. Ohio Rev. Code 1345.77
  6. Ohio's Lemon Law guide, Ohio Attorney General

Questions about your vehicle's repair history?

Tell us what has happened with your vehicle. A member of our team will look at your dates and repair orders with you. Reaching out does not create an attorney-client relationship.

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