Who Pays the Lawyer When Your New Car Is a Lemon?
Key Takeaways: In many cases, the manufacturer does. Under Ohio Rev. Code 1345.75(A), a consumer who wins a lemon law case against a manufacturer can recover reasonable attorney’s fees and all court costs, and the court decides what amount is reasonable. The manufacturer pays these fees on top of the replacement vehicle or full refund and incidental damages. They do not come out of your recovery. The claim is against the manufacturer, not the dealership, because Ohio Rev. Code 1345.72(C) creates no cause of action against dealers. To qualify, you generally must report the defect within one year or 18,000 miles, whichever comes first, and give the manufacturer a reasonable number of repair attempts. Manufacturers may raise defenses, such as that the defect does not substantially impair the vehicle’s use, value, or safety, or that it came from abuse, neglect, or unauthorized changes. You must file a lawsuit within five years of original delivery. Informal programs like BBB AUTOLINE are free for consumers, and you may have to use one before you sue, but the right to recover fees applies only to lawsuits filed in court.
In many cases, yes: Ohio law can require the manufacturer to pay your attorney fees in a lemon law case. Under Ohio Rev. Code 1345.75(A), a consumer who sues a manufacturer that failed to repair, replace, or refund a defective new vehicle “shall be entitled to recover reasonable attorney’s fees and all court costs.” Whether it applies to you depends on your repair history, when you reported the defect, and whether the manufacturer has a valid defense.
If your 2020 or newer vehicle keeps going back to the dealer for the same problem, you may have options. Talk with Jeffries Law, an Ohio lemon law firm, about your repair records and deadlines. Call 877-454-6045 or contact us now to get your questions answered.
How Ohio Lemon Law Fee Shifting Works
When a consumer wins, Ohio lemon law can make the manufacturer pay the consumer’s legal costs. Under the usual American rule, each side pays its own lawyer. The Ohio General Assembly made an exception for lemon law claims, which helps even the odds between car buyers and automakers.
What the Statute Says
The fee rule appears in the Ohio lemon law civil action statute, Ohio Rev. Code 1345.75(A). It allows any consumer to sue a manufacturer that does not comply with Ohio Rev. Code 1345.72 in a court of common pleas or another court with authority over the case. On top of the relief available under that section, the consumer “shall be entitled to recover reasonable attorney’s fees and all court costs.”
The word “shall” matters. Once a consumer proves the manufacturer broke the law, the court must award fees. Courts still decide what counts as “reasonable,” so the amount can depend on the work done and how the case played out. In settlements, the parties usually negotiate attorney fees as part of the deal.
Why the Manufacturer, Not the Dealer, Pays
Ohio’s lemon law claim is against the manufacturer, not the dealership that sold you the car. Ohio Rev. Code 1345.72(C) says the section creates no liability for, and no cause of action against, a new motor vehicle dealer. Because the duty to repair, replace, or refund falls on the manufacturer, it may have to cover both the lemon law remedy and your reasonable attorney fees.
What You Must Show Before You Can Recover Fees
You can recover fees under ORC 1345.75 only if the manufacturer failed to meet its duties under Ohio Rev. Code 1345.72. You must report the defect within the time limit, the defect must substantially impair the vehicle’s use, value, or safety, and the manufacturer must get a reasonable number of repair attempts. Under Ohio Rev. Code 1345.73, the law presumes a reasonable number of attempts if, within the first year or 18,000 miles:
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The same defect was repaired three or more times
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The vehicle was out of service for 30 or more calendar days
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The vehicle had eight or more repairs for any defects
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One repair failed to fix a defect likely to cause death or serious injury
Meeting one of these statutory presumptions makes your case significantly easier to prove, but it is not strictly required—you can still establish that the manufacturer had a ‘reasonable number of attempts’ through other evidence in your repair history.
The Duty to Repair
Under the manufacturer’s duty to repair, Ohio Rev. Code 1345.72(A), you must report the defect early. If a new vehicle does not conform to the express warranty and you report the problem to the manufacturer, its agent, or its authorized dealer within one year of original delivery or the first 18,000 miles, whichever comes first, they must make the needed repairs. That duty continues even if the repairs finish after the period ends.
Replacement or Refund
If the defect still is not fixed after a reasonable number of attempts, Ohio Rev. Code 1345.72(B) lets you choose a replacement or a refund. A replacement must be a new vehicle you find acceptable. A refund covers the full purchase price, including finance charges and related charges you paid, plus incidental damages, such as:
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Lender or lessor charges and fees
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Towing costs
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Rental car costs
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Meals and lodging tied to the defect
💡 Pro Tip: Ask for a copy of every repair order before you leave the dealership, even when the service writer says “could not duplicate.” Repair orders are the main evidence in a lemon law claim.
Attorney Fees Compared to Other Costs You Can Recover
You recover attorney fees in addition to your vehicle remedy; they are not taken out of it. The table below shows how the main types of recovery fit together.
|
Type of Recovery |
Legal Source |
Who Pays |
|---|---|---|
|
Replacement vehicle or full refund |
Ohio Rev. Code 1345.72(B) |
Manufacturer |
|
Incidental damages (towing, rental, lodging) |
Ohio Rev. Code 1345.72(B) |
Manufacturer |
|
Reasonable attorney’s fees |
Ohio Rev. Code 1345.75(A) |
Manufacturer, if consumer wins |
|
All court costs |
Ohio Rev. Code 1345.75(A) |
Manufacturer, if consumer wins |
Ohio lemon law remedies also add to your other legal rights rather than replacing them. Ohio Rev. Code 1345.75(B) states that lemon law remedies are in addition to other remedies available under law. Depending on the facts, you may also have claims under the Ohio Consumer Sales Practices Act or the federal Magnuson-Moss Warranty Act, each with its own rules, including fee rules.
Limits, Defenses, and Deadlines That Can Affect Your Claim
Fee recovery has limits, and manufacturers do raise defenses. Knowing these early can help you protect your rights.
The Abuse, Neglect, and Modification Defense
Ohio law lets a manufacturer defend itself by showing the defect came from abuse, neglect, or unauthorized changes to the vehicle. This defense applies only when someone other than the manufacturer, its agent, or its authorized dealer caused the problem. A manufacturer may also argue that the defect does not substantially impair the vehicle’s use, value, or safety. If either defense succeeds, you cannot recover the vehicle remedy or attorney fees under the lemon law.
The Five-Year Filing Deadline
Ohio Rev. Code 1345.75(C) requires you to file a lemon law lawsuit within five years of the vehicle’s original delivery date. This deadline is separate from the one-year or 18,000-mile reporting period under section 1345.72(A).
The deadline may be extended in limited cases. Under Ohio Rev. Code 1345.75(C), the five-year deadline is tolled for the number of days a complaint is pending before a qualified informal dispute resolution mechanism established under Ohio Rev. Code 1345.77, beginning when the complaint is filed and ending on the date of the mechanism’s decision. Other delays do not extend the deadline, so waiting can be risky.
Informal Dispute Programs Versus a Lawsuit
Some manufacturers send consumers to an informal arbitration program before a lawsuit. Under Ohio Rev. Code 1345.77, if a manufacturer has set up a qualified informal dispute program, you generally must use it before suing for a refund or replacement. In Ohio, the state has certified the BBB AUTOLINE program to handle new vehicle warranty disputes. It is free for consumers because manufacturers pay for it. Decisions generally bind the manufacturer but not the consumer, who can still go to court.
This program is separate from a lawsuit and works differently. The right to recover fees under ORC 1345.75(A) applies to lawsuits filed in court, not to the informal program. When choosing a path, consider:
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Whether your manufacturer takes part in the program
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How a pending complaint may affect your filing deadline
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Whether going to court, including the chance to recover fees, better fits your goals
💡 Pro Tip: Before you file anything, read your warranty booklet to see whether the manufacturer names a specific dispute program. Write down the date you file any complaint, because it may affect your deadline.
Frequently Asked Questions
1. Does Ohio law guarantee the manufacturer will pay my lawyer?
No outcome is guaranteed, but the law gives consumers who win a right to reasonable fees. Ohio Rev. Code 1345.75(A) says a consumer “shall be entitled” to reasonable attorney’s fees and all court costs when the manufacturer violated section 1345.72. The court decides what amount is reasonable.
2. Can I sue the dealership instead of the manufacturer?
Not under the Ohio Lemon Law. Ohio Rev. Code 1345.72(C) creates no cause of action against a new motor vehicle dealer. Other laws, such as the Ohio Consumer Sales Practices Act, might apply to dealer conduct depending on the facts.
3. How long do I have to file a lemon law lawsuit in Ohio?
Five years from the vehicle’s original delivery, under Ohio Rev. Code 1345.75(C). The deadline is tolled while a complaint is pending before a qualified informal dispute resolution mechanism established under Ohio Rev. Code 1345.77. That extension is narrow, so act promptly.
4. What affects how much a manufacturer might pay for my lawyer?
Courts decide what is “reasonable” based on the facts. The complexity of the case, how hard the manufacturer fought, the hours reasonably spent, and local hourly rates may all matter. Results vary.
5. Does my car qualify if the defect showed up after 18,000 miles?
Generally not under the Ohio Lemon Law, if you first reported the defect after one year or 18,000 miles, whichever came first. Ohio Rev. Code 1345.72(A) ties the repair duty to defects reported within that period. Other warranty or consumer protection claims might still be available.
Holding the Automaker Responsible for a Defective Vehicle
Ohio wrote its lemon law so consumers would not have to bear the cost of holding a manufacturer responsible. When a manufacturer fails to repair, replace, or refund a qualifying defective vehicle, ORC 1345.75 lets you recover reasonable attorney’s fees and all court costs on top of a replacement or refund. Your claim still depends on timely reporting, a reasonable number of repair attempts shown in repair orders, any required informal dispute process, the manufacturer’s possible defenses, and the five-year filing deadline.
If you are dealing with repeated repairs on a 2020 or newer vehicle, learning why legal representation matters can help you decide what to do. Call Jeffries Law at 877-454-6045 or reach out to our team to talk through your repair history and your options under Ohio law.
Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.