FAQs

Intermittent problems that could not be duplicated, or when the vehicle is deemed to be “operating as designed” are some of the most frustrating cases we handle. In these claims, it’s not what you know, but it’s what you can prove. That’s why we always advise our clients that persistence pays off. Sadly, many dealerships are saddled with rising labor and technology costs, and the only diagnostics they use is plugging in their scan tool to look for a trouble code. If it’s not there, they do nothing further and return the vehicle to you without giving it a truly thorough diagnostic or escalating the case to the manufacturer’s engineers. That’s why, if you have had your vehicle in multiple times for these issues and they are not duplicated, as part of your claim we ask the manufacturer to send out their Dealer Technical Specialist or Field Service Engineer for further inspection. Many times this escalation to their legal and engineering teams leads to a more thorough evaluation of the vehicle, and ideally a fix (and compensation for you!) If you have ongoing intermittent issues and have been in multiple times for the defect, please call us today for a free evaluation of your case.

Ideally, it would make things smoother if you had copies of all of your service records and purchase documents. However, we understand that when people buy a car, and have issues, they are not expecting to document everything in preparation for legal action. As such, through the years, we have developed certain techniques and undertake various efforts to get the documents on your behalf. Or, we can point you in the right direction on how to get duplicate copies. Either way, even if you don’t think you have everything, if your vehicle has repeatedly been in for repairs, please still call us for a free evaluation of your case!

If your car has ongoing problems but still gets you from point A to point B you likely still have a case. Even though the State Lemon Law requires the defect to “substantially” impair the vehicle’s use, value, or safety; even intermittent, electrical, or other more minor problems could still qualify for compensation under other areas of the law. Regardless of the nature of the problem, if you have had it in for repairs at least a couple of times, you should call us for a free consultation!

Yes, Ohio’s Lemon law can apply to motorcycles and “other noncommercial motor vehicles” so long as they are designed to carry no more than a one ton load and are used exclusively for personal use; and as such RVs would indeed be covered as well.

In Ohio, a formal complaint must be filed in court within 5 years from the date of purchase. Other statutes have shorter time frames (such as the Consumer Sales Practices Act and the Magnuson Moss Warranty Act) so it’s best not to delay contacting an attorney. The sooner someone acts, the higher the likelihood that a Lemon Law attorney can help.

Uniquely, Ohio’s Lemon Law is not limited to new cars. If a vehicle is purchased with low mileage and then second owner still reports the first problem within the first year or 18,000 miles from the original in service date, the Lemon Law still applies. If it is purchased after that time period, the Ohio Lemon Law may not apply, but other consumer protection statutes still very well may provide for compensation. Even if you purchased a vehicle after these parameters expired, you should still call for a free consultation as your case may still be quite valuable!

Refusing to comply with an arbitration decision would open up the manufacturer to additional liabilities. Most notably, for attorney’s fees to be awarded, a plaintiff has to show why those fees were “reasonably necessary” so any fees the manufacturer would have to pay. In New York, these decisions are binding on both parties, absent appeal, and so a manufacturer refusing to comply would be exceedingly rare since they are in breach of a legally binding and enforceable decision.

The New York State Dispute Resolution Association manages the arbitration process. Generally you file a request through the New York Attorney General and pay a filing fee. An arbitrator is appointed and the administrator notifies the manufacturer and dealer of the claim and provide them a chance to respond, and you a subsequent opportunity to reply. Then, parties can engage in pre-hearing discovery and then have a hearing before the arbitrator, who makes a decision. Then, each side has to decide within 20 days if they would like to file for a modification, or file an appeal of the decision.

In New York, the nonconformity must be reported within the first two years or 18,000 miles from when the vehicle is purchased to be eligible for a repurchase or replacement under the Lemon Law. However, there are other breach of warranty and consumer protection statutes that can provide relief, and can actually be quite valuable, even if the first report was outside of that time period. If you have multiple repairs but they were after the Lemon Law period expired, you should still call as the cases still very well may have value.

Sometimes, yes. If the vehicle is a larger commercial vehicle weighing more than 10,000 lbs. Then the law does not apply as it does not view that as a “consumer” vehicle. Additionally, manufacturers are very careful to craft language in the warranty that expressly disclaims liability for any “incidental or consequential” damages, including lost revenue or wages. As such, recovery for business losses under a breach of warranty theory is not available since those damages were disclaimed. However, if the vehicle is a smaller or light duty truck, and especially if it is used for both personal and business purposes, it should still qualify for Lemon Law protection.