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Frequently Asked Questions about Lemon Laws

Q: What exactly is a lemon?

A: A lemon is a vehicle with major mechanical problems caused by a defect covered by the manufacturer's warranty that substantially impairs the use or market value of the vehicle.

Q: Are little things like a defective cup holder or bad ashtray covered?

A: Probably not, the defect or combination of defects must substantially impair the use or market value of the vehicle. Minor defects are unlikely to qualify, unless they are sufficient in number that the use or market value is substantially impaired.

Q: How do lemon laws protect me?

A: State lemon laws protect consumers by providing that the manufacturer must repurchase the lemon, or that they must replace the vehicle.

Between 75,000 and100,000 vehicles are returned to automakers annually, and immediately put back into the stream of commerce even though they were returned for mechanical problems that can not be corrected.

Lemon Law Information Center: Ohio and West Virginia Consumer Protection Attorneys

Ohio's lemon law applies to consumers who purchase or lease a new car or truck for personal use. According to this law, the vehicle will be presumed to be a lemon if, during the first year or 18,000 miles, the vehicle requires excessive repairs. To discuss your automobile purchase with a lawyer and learn whether Ohio's lemon law offers protection in your case, contact Willis & Willis Co., L.P.A.

Lemon Laws - An Overview

Approximately 1% of all new and almost-new cars purchased or leased in the United States are considered lemons. This means that one car out of every 100 new cars will cause its owner trouble, from repeated minor inconveniences, to major safety problems. Major consumer protection and fraud agencies report that three of every four complaints they record relate to vehicles. Because of the high occurrence of vehicle dissatisfaction, all states have passed so-called lemon laws. Many new car owners would be relegated to "making lemonade" with their problem vehicles without the protection these statutes provide. Learn how lemon laws protect you, and avoid potential hassles dealing with your lemon.

Each state provides its own definition of the circumstances and defects that classify a vehicle as a lemon, but generally, a vehicle is considered a lemon in the following circumstances

It has a defect that has not been repaired in spite of 3-4 repair attempts
The defect is a serious safety hazard, and has not been repaired after the first attempt, or
The vehicle was in the shop for at least 30 days out of the first year.

Determining when a Vehicle is a Lemon

A lemon is a vehicle with major problems resulting from a defect that is covered by manufacturer warranty. Also, the vehicle must be repurchased, or its price renegotiated, because it is determined to have defects that substantially impair the use or market value of the vehicle. Until a decision is made that a manufacturer must either buy the vehicle back or renegotiate the price, the vehicle's status is only that of a substantial inconvenience and possible safety hazard for its owner.

Lemon Law Remedies

Once established that the vehicle is a lemon, all states allows a car-buyer to exchange a lemon for a new vehicle, or have the manufacturer buy it back.

The process to obtain this remedy varies by state. However, in all states, the consumer must first notify the manufacturer of the defect. If the manufacturer fails to offer a satisfactory settlement, most states require the parties to use arbitration before going to court.

Automobile "Lemon" Arbitration

The first step for a consumer who believes they have purchased or leased a lemon is to contact the manufacturer of the vehicle and seek an immediate settlement. Often, however, a manufacturer fails to offer a satisfactory settlement. In these situations, where the parties have a dispute over whether the vehicle is a lemon, or not, many states require that the parties attempt settlement through a system of informal and impartial arbitration.

Lemon "Aid"

Do not delay, and do not let the manufacturer delay you. If you believe your vehicle is a lemon, do not delay. Your state's lemon law provides a limited time in which to resolve your claim. Consult with a lawyer familiar with lemon laws in your state to avoid missing the deadline.

Lemon Law Resource Links

Car Fax
This site allows you to obtain the history for any car for which you have the Vehicle Identification Number (VIN).

The Lemon Law Website for the Better Business Bureau
The Better Business Bureau maintains this site for the use of consumers with auto warranty problems.

Autopedia
This site contains an encyclopedia of information on lemon laws.

National Lemon Law Center
This site provides information on the lemon laws for each state.