I often get calls from people who become clients and wish they knew more about what to do from the very beginning when they experience problems with a new vehicle or used vehicle that still has some of the factory warranty.
Car defects come in all shapes and sizes. Obviously an engine or transmission problem is substantial. So is a vehicle defect that has to do with the suspension. But what about windshield wiper systems and air conditioning or heater blower fans, and the like.
Whether or not you may have a lemon law case in Ohio will depend to some extent on just how bad your defect is. On the other hand, the Ohio lemon law’s requirement that the defect be substantial has another part to it…they are supposed to look at the defect “from the consumer’s perspective.” Which means whether or not the problem is substantial is all relative, and you get to be the one that ultimately decides.
So what I tell people is this: if you have any problem at all, take the vehicle in for service as soon as possible. This might not be convenient, but it will have huge effects down the road if the problem persists or gets worse. In order to bring a lemon law case the defect has to be presented to an authorized dealer for repair within the first year and the first 18,000 miles, whichever comes FIRST.
There is still a case for breach of warranty if there is 3 or more attempts to fix a particular defect within the warranty period (and after the first year) but these claims are not as strong as an actual lemon law claim. Plus, one of the other ways to establish an Ohio lemon law case is for the vehicle to be out of service for 30 days or more in the first year and 18,000 miles. This is a cumulative total number of days, so every defect and every day counts.
The other thing to keep in mind is that representation from an attorney does not cost you anything. If you purchase a defective vehicle, or if there are many car recalls on your vehicle, you may find that it is in your best interest to contact a lemon law attorney immediately. They can walk you through the process from the beginning s that your rights are taken care of and the consultation should not cost you anything out of pocket.
For more information about the Ohio lemon law and contacting an attorney who regularly handles lemon law cases in Ohio, go to Ohio Lemon Law.
Every manufacturer has problems with some of the cars they make. Ford lemon law, General Motors lemon law, Chrysler lemon law, Honda lemon law, Toyota lemon law, Suzuki lemon law BMW lemon law, Mercedes lemon law, Lexus, Mitsubishi, Hyundai…it makes no difference. They all have issues and they all are used to handling these claims.
If you go out and get an attorney, they understand that they will be responsible to pay your attorney fees, and that is actually a large part of the motivation they have to resolve the case. So if they do not seem to be cooperating with you as a consumer, they will cooperate when you get an attorney to help.