Q: How do I know if I have a lemon? 

A: Under Ohio Law you are presumed to have a lemon if any of the following occurs in the first year or first 18,000 miles of your car’s life (whichever occurs first): 

  • Three or more attempts been made to repair one problem. The first repair attempt must at least begin in the first year or 18,000 miles.
  • The vehicle has been in the shop for a cumulative total of 30 days or more during its first year or 18,000 miles, whichever occurs first.
  • Eight or more attempts been made to fix different problems.
  • One unsuccessful attempt been made to fix a problem that could cause death or serious injury.

 Q: Will I owe attorney fees? 

A: Under both Ohio Lemon Law and the Magnuson-Moss Warranty Act the manufacturer must pay your attorney fees, thus there are no out of pocket costs to you. 

Q: If my car does not qualify as a lemon do I have other remedies? 

A: YES. You may have a claim under state law or under the Magnuson-Moss Warranty Act. Under the Magnuson-Moss Warranty Act if the authorized dealer of your vehicle cannot repair the vehicle after a reasonable number of repair attempts or after a reasonable amount of time you may have a claim. It does not matter if the vehicle was ultimately repaired. If it takes an unreasonable amount of time or unreasonable number of attempts, you may have a claim.

Q: What might I recover from a Lemon Law or Magnuson-Moss Warranty Act claim? 

A: Under Ohio Lemon Law you may be entitled to repurchase or replacement of your car. If you receive a repurchase, the manufacturer will pay off your loan, refund all payments you made towards the vehicle, refund any down payment you made, and refund all taxes and fees that you paid. The Manufacturer will then take possession of your vehicle. If you receive and accept a replacement, the manufacturer will find a suitable replacement, generally the same vehicle you have or a similarly priced vehicle, and you can exchange vehicles. Under the Magnuson-Moss Warranty Act you may receive an award of cash damages.

Q: What kinds of problems are covered under Lemon Law and under the Magnuson-Moss Warranty Act? 

A: Under Ohio Lemon Law the problems must substantially impairs the use, value, or safety of the motor vehicle. This could be one of several issues such as transmission issues, loss of power, automatic braking issues, steering issues, etc.  Under the Magnuson-Moss Warranty Act any repair that is covered under your warranty is potentially relevant to a Magnuson-Moss Warranty Act claim.

Contact Marsalka Law, LLC if you believe you have a claim relating to your automobile purchase or if you have any questions.