What Vehicles Are Protected?

A. New Vehicles

Those who purchase new cars in the state of Ohio are protected as the Lemon Law only applies to the purchase of new motor vehicles. "Motor Vehicle" is defined by the Lemon Law's section 1345.71(D) to mean:

any passenger car or noncommercial motor vehicle or those parts of any motor home that are not part of the permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping but does not mean any mobile home or recreational vehicle, or any manufactured home as defined in section 3781.06 of the Revised Code.

So I feel for you if you purchased a used car and the thing blew up on you two days later, but you will not be entitled to relief under Ohio's Lemon Law. You may have other legal remedies, but you won't find them in here.

The one possible exception to this rule is discussed below in section 2 after the section on demonstrator vehicles.

1. Demonstrator Vehicles

Ohio's Lemon Law does not specifically refer to vehicles used as demonstrators. Demonstrator vehicles are the ones that you test drive when you go to the dealership to see if you like the way it handles. Dealerships also encourage their employees to drive the demonstrators because this has the effect of familiarizing the sales staff with the product. These vehicles are generally sold by the dealerships once that model year ends at a discount that can make them attractive to some buyers. Since they may have a few thousand miles on them, the question becomes whether or not they are "new vehicles" as that term is defined under the Lemon Law.

Both Ohio Revised Code Section 4517.01(C ) and OAC 109:4-3-16(A)(7) define the term "new motor vehicle." R.C. 4517.01(C ) states that a new motor vehicle is a "motor vehicle, the legal title to which has never been transferred to an ultimate purchaser." OAC 109:4-3-16(A)(7) defines the term as "a motor vehicle, the legal title to which has never been transferred to an ultimate purchaser, including a demonstrator vehicle." It should also be noted that OAC 109:4-3-16(A)(8) defines a demonstrator vehicle as one that has been driven for less than 6,000 miles. Thus, there is a strong argument, though no cases have ever addressed the issue directly, that the Lemon Law does apply to demonstrators, especially when one adds in the arguments about the remedial nature of the statute and how it is to be liberally construed to achieve the purposes the legislature intended for it.

But then the question arises as to whether the 18,000 mile limit is calculated from the point that you got the vehicle, or from the point that the odometer first started to turn. In keeping with the remedial nature of the statute and the legislature's intent to assist add to the rights available to consumers, it isn't unreasonable to interpret the statute to mean that the consumer gets 18,000 miles from the demonstrator's mileage at the date of purchase.

2. New Vehicles Re-Sold Sold During The First Year or 18,000 Miles

Ohio Revised Code Section 1345.7(A)(3) defines a consumer as any person "to whom the motor vehicle is transferred during the duration of the express warranty" and "any other person who is entitled under the terms of the warranty to enforce the warranty."

B. Other Types of Vehicles

When most people think of Ohio's Lemon Law, they think of a four wheeled passenger vehicle as being covered. Certainly that is true. But that isn't all that is covered under the law. Single passenger all terrain vehicles qualify, as do motorcycles, so long as these items are purchased new. Ohio's Lemon Law does not define what a "new motor vehicle" is, but other sections of the code do. Ohio Revised Code Section 4517.01(C ) states that a new motor vehicle is one having a legal title which has never before been transferred by a manufacturer, re-manufacturer, distributor, or dealer to an ultimate purchaser.

C. Leased Vehicles Covered

There was a raging controversy in Ohio for a number of years as to whether or not leased vehicles were covered by the Lemon Law. After the courts decided that such vehicles were covered, the Legislature agreed, and revised the Lemon Law in 1999 to specifically cover leased vehicles thus removing all doubt about the issue.

D. Possibly Important Limitation In order for your vehicle to be covered, the consumer must show the court that the vehicle does not conform to an express warranty. I say that this is a possibly important limitation because almost every vehicle sold today comes with an express warranty covering the first year or 18,000 miles. Most come with more. At the time of the writing of this work, Hyundais have a ten year, 100,000 mile express warranty. But it's worth mentioning, both as an element of proof that you have to establish at trial, as well as a consideration if you are buying some sort of vehicle not having such an express warranty.

E. Individual Parts Sold Separately Not Covered

Ohio's Lemon Law covers new vehicles sold as such. If you purchase a new engine only, and the engine is defective, then this would not be covered under Ohio's Lemon Law.

Who is Protected - continue on