Ohio lemon laws are stated in Ohio Revised Code, Title 13, Chapter 1345 Consumer Sales Practices (Nonconforming New Motor Vehicle Law). Under Section 1345.71, nonconformity of a motor vehicle to the manufacturer’s express warranties is a defect or condition that significantly affects the market value, safety and use of the motor vehicle. The period within which the buyer should notify the nonconformity and the manufacturer should repair the vehicle is either on completing 18,000 miles or one year of vehicle’s operation from the date of delivery, whichever happens earlier.
If the manufacturer is not able to repair the motor vehicle after reasonable attempts, at the buyer’s option the manufacturer will have to replace the vehicle with a new vehicle acceptable to the buyer or accept return, and refund the price of the vehicle to the buyer. When refunding, the manufacturer should pay the full purchase price which includes all incidental damages, fees, charges, and expense relating to the nonconformity.
ORC Ann. 1345.71 reads in part:
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“(E) “Nonconformity” means any defect or condition that substantially impairs the use, value, or safety of a motor vehicle to the consumer and does not conform to the express warranty of the manufacturer or distributor.”
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ORC Ann. 1345.72 reads in part:
“§ 1345.72. Duty to repair nonconforming new motor vehicles; consumer’s options when repairs unsuccessful
(A) If a new motor vehicle does not conform to any applicable express warranty and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the period of one year following the date of original delivery or during the first eighteen thousand miles of operation, whichever is earlier, the manufacturer, its agent, or its authorized dealer shall make any repairs as are necessary to conform the vehicle to such express warranty, notwithstanding the fact that the repairs are made after the expiration of the appropriate time period.
(B) If the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any nonconformity after a reasonable number of repair attempts, the manufacturer, at the consumer’s option and subject to division (D) of this section, either shall replace the motor vehicle with a new motor vehicle acceptable to the consumer or shall accept return of the vehicle from the consumer and refund each of the following:
(1) The full purchase price;
(2) All incidental damages, including, but not limited to, any fees charged by the lender or lessor for making or canceling the loan or lease, and any expenses incurred by the consumer as a result of the nonconformity, such as charges for towing, vehicle rental, meals, and lodging.”
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