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How will I pay Luxenburg & Levin, LLC to represent me?
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Other Ohio Lemon Law lawyers advertise a "fee shift" where the defendant pays all of the attorney fees. Isn't that better for the consumer?
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Other firms use a contingent fee arrangement where the law firm earns a percentage of the total recovery. Isn't that better for the consumer?
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Ohio Lemon Law
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Does the Ohio Lemon Law only apply to cars?
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How do I know if I qualify for relief under the Lemon Law?
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Does the Lemon Law apply to used vehicles?
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Does the Lemon Law apply to leased vehicles?
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Does the Lemon Law apply to any problems with my vehicle?
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How long do I have to pursue a case under the Lemon Law?
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Federal Warranty Act
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What if the defects in my vehicle started after the Lemon Law period?
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Does the Warranty Act cover vehicles that were purchased used?
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What else does the Warranty Act cover?
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Commercial Vehicles
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Do these laws apply to commercial vehicles?
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Vehicle Repair Issues
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Wouldn't it just be easier for me to contact the manufacturer of my vehicle first before hiring a lawyer?
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I have not been getting invoices from the dealership every time I take my car in for repairs. Don't they have to give them to me?
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What if I did not save copies of all of my repair orders? How can I get them?
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The dealership keeps telling me they cannot duplicate the problem I am having with my vehicle. What can I do?
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How will I pay Luxenburg & Levin, LLC to represent me?
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You pay no attorney fees unless and until we earn a settlement for you! You pay us nothing while your case is ongoing. Our unique fee agreement encourages a prompt resolution to your case and ensures that we do not get paid more than you do. In the highly unlikely event that you recover nothing, we do not earn a fee. This way, we have as much at stake in the case as you do.
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| Q: |
Other Ohio Lemon Law Lawyers advertise a "fee shift" where the defendant pays all of the attorney fees. Isn't that better for the consumer?
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Not always. Some law firms claim the defendant (the manufacturer and/or dealer) will pay all of your attorney fees. They operate soley on the "fee shifting" provisions of these consumer statutes, based upon the time they have billed to their file. What if a settlement offer is made early in the case, before the attorney has much time billed? Do you think that attorney will be in a hurry to settle your case? In addition, manufacturers usually make settlement offers in one lump sum that are not broken down as to what will be paid to you and what will be paid to your attorney. What if the manufacturer offers, for example, $10,000 total to settle your case, but your attorney has $7,000 in time billed to your file? Your attorney ends up with a lot more money than you do. What if the manufacturer offers $5,000 total to settle your case, but your attorney has $7,000 in time billed to your file? You may find yourself stuck going to trial on your case when you would rather settle. Our unique fee agreement encourages a prompt resolution to your case and ensures that we do not get paid more than you do.
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Other firms use a contingent fee arrangement where the law firm earns a percentage of the total recovery. Isn't that better for the consumer?
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Not always. Under the Ohio Lemon Law, you could be entitled to have your vehicle bought back or replaced with a comparable new vehicle. Let's say, for example, that you made a $4,000 down payment when you bought your car. You have paid the bank $3,000 to date and your loan payoff is $20,000, for a total of $27,000. If your lawyer took one-third of the total value of the settlement, he would be entitled to $9,000. However, you only got $7,000 back for your payments. Under this example, you would owe your lawyer another $2,000 and you would have nothing left to buy a new car! Our unique fee agreement ensures that this would never happen.
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Does the Ohio Lemon Law only apply to cars?
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No, it applies to anything defined under the Ohio Revised Code as a "motor vehicle." This can include trucks, motor homes, recreational vehicles, motorcycles, ATV's, and motorized scooters.
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How do I know if I qualify for relief under the Lemon Law?
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As we explain on our Lemon Law page, this determination is not always as simple as it may seem. Please call us for a free case review to discuss the specific facts of your case. However, if you meet any of the following criteria, there is a good chance you do qualify under the lemon law: (1) Your new vehicle has been subject to three or more repairs for the same substantial problem during the first year or 18,000 miles of your ownership; (2) Your new vehicle has been out of service (i.e. in the shop for repair) a total of 30 or more calendar days during the first year or 18,000 miles of your ownership; (3) Your new vehicle has been subject to eight or more repairs for any substantial problems during the first year or 18,000 miles of your ownership; and/or (4) Your new vehicle has been subject to one failed repair during the first year or 18,000 miles of your ownership for a problem which could cause death or serious injury if the vehicle continues to be driven.
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Does the Lemon Law apply to used vehicles?
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Yes, under limited circumstances. If you purchased a used vehicle with less than 18,000 miles on it, you may qualify under the Lemon Law. However, even if you do not, you may still qualify for relief under the Federal Magnuson-Moss Warranty Act. Scroll down for more information about the Warranty Act.
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Does the Lemon Law apply to leased vehicles?
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Absolutely! The Ohio Lemon Law affords the same protections to lessees as it does to purchasers. The fact that you leased your vehicle instead of buying it makes no difference at all.
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Does the Lemon Law apply to any problems with my vehicle?
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The Lemon Law applies to what the Ohio Revised Code calls a "nonconformity." This is defined as "any defect or condition which substantially impairs the use, value, or safety of a motor vehicle and does not conform to the express warranty of the manufacturer or distributor." Obviously, this is open to interpretation. However, even if you do not think your problem rises to this level, you may still qualify for relief under the Federal Magnuson-Moss Warranty Act. Scroll down for more information about the Warranty Act.
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How long do I have to pursue a case under the Lemon Law?
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You can potentially file a lawsuit as late as five years after you purchase your vehicle. However, it is always in your best interest to pursue your case as soon as possible if you qualify. We have seen repeatedly that the more miles on your car, the less the manufacturer may be willing to offer you to resolve your case. Don't wait, call us today for a free case review!
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What if the defects in my vehicle started after the Lemon Law period?
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You may still qualify for relief under the Federal Magnuson-Moss Warranty Act. Even if the problems with your new vehicle started after the first year after you purchased it, or after you had driven it 18,000 miles, you may still qualify under the Warranty Act as long as repairs were done during the warranty. Even if you think you do not qualify, we encourage you to call us for a free case review. You have nothing to lose by calling.
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Does the Warranty Act cover vehicles that were purchased used?
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It can, as long as you received some sort of warranty from the manufacturer or the selling dealership. This includes used vehicles that are sold with the balance of the manufacturer's warranty or with a warranty provided by the selling dealership.
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What else does the Warranty Act cover?
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The Warranty Act applies to any consumer product that is sold with a warranty. Attorneys David Levin and Mitchel Luxenburg have also handled cases involving defective travel trailers, boats, jet-ski's, refrigerators, washer/dryer units, televisions and lawnmowers.
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Do these laws apply to commercial vehicles?
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Maybe. It depends on the type of vehicle and how you use it. Perhaps you own a business and have your personal car registered in the business' name. Obviously, that is much different than owning a heavy-duty truck use to pull large trailers. However, even if your commercial vehicle does not fall within the boundaries of the Lemon Law or the Warranty Act, we may still be able to help you. As long as the vehicle was sold with a warranty, you may be able to pursue a case under the Ohio version of the Uniform Commercial Code. Once again, you have nothing to lose by calling us today for a free case evaluation.
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Wouldn't it just be easier for me to contact the manufacturer of my vehicle first before hiring a lawyer?
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Most of the time, this will just frustrate your further. It is our experience, from talking to hundreds of consumers who have attempted this, that you will get nowhere. They will encourage you to give the dealer another opportunity to repair your vehicle. They may call the dealership on your behalf. If the situation is severe, they may even offer you an extended warranty or reimburse one month's payment, but it is highly unlikely they will offer to repurchase or replace your vehicle. Before you accept any such offer, you should contact us for a free case review. Chances are, we will be able to do much better for you than whatever the manufacturer is offering, if anything. Manufacturers tend to take your claims much more seriously when they know you have an experieced Ohio Lemon Law Lawyer on your side.
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I have not been getting invoices from the dealership every time I take my car in for repairs. Don't they have to give them to me?
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Yes. Section 1345.74 of the Ohio Revised Code requires the dealer to provide to the consumer, each time the motor vehicle is returned from being serviced or repaired, "a fully itemized written statement indicating all work performed on the vehicle, including, but not limited to, parts and labor." You should demand a repair order every time you pick up your vehicle from the dealership, even if they tell you they could not find anything wrong with it or they could not duplicate your problem.
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What if I did not save copies of all of my repair orders? How can I get them?
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These days, nearly every car dealership in the country maintains all of their repair records on computer. Your dealership should be able to provide you with copies of past repair orders even if you did not keep all of them yourself. In addition, most major manufacturers maintain computer databases of repair histories which can be accessed using your VIN (Vehicle Identification Number). If, for example, you own a Ford vehicle, any Ford dealership in the country should be able to print you a repair history summary if you give them your VIN.
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The dealership keeps telling me they cannot duplicate the problem I am having with my vehicle. What can I do?
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The nature of many automotive problems is that they are intermittent. You know something is wrong with your vehicle, but it does not happen all the time. Unfortunately, the manufacturers usually do not authorize their dealerships to perform repairs unless they can first duplicate the problem. Sometimes it is helpful to take the service advisor or manager for a ride in your vehicle so you can point out the problem. You may also want to try another dealership. However, even if no repairs are done on your vehicle, this may still constitute a repair opportunity under the applicable laws. We also use experienced ASE-Certified Master Technicians as expert witnesses in many cases. These mechanics perform detailed inspections to help us figure out what is wrong with your vehicle, even if the dealership cannot.
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GUARANTEED RESULTS - You pay us no fees unless and until we earn a settlement or judgment for you.
