Interesting Facts

Relevant Dates in Ohio "Lemon Law" History

Every state, including the District of Columbia, has a lemon law. The first state lemon law was enacted in 1982 in Connecticut. The most recent state lemon law took effect in Alaska in 1994.

The following list shows some important dates in the history of the Ohio lemon law, as well as other related events.

1975 – Congress passes the Federal Magnuson-Moss Warranty Act
1982 – The first state lemon law takes effect in Connecticut
1987 – Ohio’s lemon law first takes effect
1994 – Ohio 4th District Court of Appeals holds that a lessee of a vehicle is entitled to the same relief under the lemon law as someone who purchases a vehicle
1996 – Ohio 9th District Court of Appeals rules that a manufacturer is not entitled to any compensation for a consumer’s use of a vehicle that is repurchased pursuant to a court judgment entered under the Ohio lemon law(no mileage offset)
1998 – Ohio legislature’s first round of amendments to certain sections of the Ohio lemon lawtakes effect
1998 – Ohio 5th District Court of Appeals decides that an all-terrain vehicle is covered by theOhio lemon law
1999 – Additional amendments made by the Ohio legislature to the lemon law take effect
2001 – Ohio Supreme Court decides its first case ever involving the Ohio lemon law, holding that a consumer whose vehicle is out of service more than 30 calendar days is entitled to relief under the lemon law, regardless of whether the vehicle is fixed and drivable after the 30 days have passed
2002 – Ohio 9th District Court of Appeals holds that a car manufacturer has a duty to ensure that a vehicle which is repurchased from a consumer because of a nonconformity which is likely to cause death or serious injury (in this case, repeated brake failures) is never resold in Ohio
2004 – Ohio Supreme Court issues its decision in the second case it has ever decided under the Ohio lemon law
2005 – Ohio 2nd District Court of Appeals states that the reason a vehicle is out of service more than 30 calendar days is irrelevant, even if the manufacturer claims that it was due to circumstances beyond the manufacturer’s control
2007 – Ohio Supreme Court issues its decision in the third (and most recent) case decided under the Ohio lemon law, Curl v. Volkswagen of America, in which the consumer was represented by Luxenburg & Levin partner Mitchel Luxenburg.

Statistics

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There may be times that you have wondered if you are the only one having a headache over the same model of vehicle that you had just purchased. You will be hard pressed to find stats answering that question, so this is something that is often asked. Fortunately for you, we have kept statisticsthat cover the percentage of the overall total closed and open lemon law and breach of warranty cases we have handled, since the inception of our Ohio Lemon Law firm, through the end of 2010. Please understand that these numbers are influenced by the number of vehicles sold by the manufacturer in the U.S. For example, Ford Motor Company has a greater market share in the U.S. than Subaru.

As the data indicates, we have handled cases from a wide variety of manufacturers. Based upon the cases from which these numbers have been derived, you can understand how we developed and maintained relationships with the people who handle consumer lemon law claims for the manufacturers. Our firm has negotiated thousands of claims just like yours with the manufacturer's attorneys. Since we have successfully handled a wide variety of different lemon law cases, shouldn't you put our experience to work for you? It does not matter if it is recreational vehicle, motorcycle, ATV, camper, boat, car, truck, or other consumer product – we can help. Call us today at (877) 846-1209 or fill out our free lemon case review form.

Common Rights That Consumers May Have Pertaining to Lemons

Generally, Ohio consumers have the right to have their vehicles properly repaired at no cost, as stated in your vehicle’s warranty book. Any nonconformity must be repaired within a reasonable number of attempts or the consumer can be entitled to a replacement vehicle or a refund for your lemon.

The Ohio lemon law further defines a reasonable number of repair attempts as being three repair attempts for the same nonconformity or only one repair attempts if the defect could cause death or serious injury if the vehicle is driven. Ohio’s lemon law also allows claims to be brought even if the repairs are necessary for unrelated defects, although in those situations the total number of repair attempts needed to qualify for relief is eight. The Ohio lemon law has a time component as well, entitling a consumer to relief if the vehicle has been out of service for repair for a total of 30 calendar days. Each of these qualifications must be met within the first year or 18,000 miles after delivery of the vehicle to the original owner (whichever comes first).

Even if you think you might not qualify under the Ohio lemon law, consumers also have rights under other state and federal laws related to the purchase and repair of motor vehicles. These laws include the Federal Magnuson-Moss Warranty Act, the Ohio version of the Uniform Commercial Code (breach of warranty), consumer fraud laws, odometer disclosure laws and the Ohio Consumer Sales Practices Act. When Luxenburg & Levin represents a consumer on a “lemon law” claim, we usually include all other applicable violations that occurred in the purchase or repair of the vehicle to allow for the best possible recovery for our clients.

The Ohio lemon law also requires the manufacturer (through the selling dealer), to provide a specific written statement to a consumer who purchases a motor vehicle. This statement must advise the consumer of the right to possible compensation under the lemon law if the vehicle turns out to be defective. In addition, the Ohio lemon law requires the manufacturers or their authorized dealer to provide consumers with a written statement each time a vehicle is repaired, indicating all work performed on the vehicle, parts and labor, etc.

Every consumer’s situation is different, such as the nature and frequency of the defects, the level of cooperation of the manufacturer and its authorized dealerships, the consumer’s ability to use the vehicle, etc. To find out how we can help you, call us at (877) 846-1209 and speak to an experienced lemon law attorney, or fill out our form for a free lemon case review.

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