What Is the Lemon Law in Ohio for Used Cars
Ohio's lemon law statute is codified in the Ohio Revised Code sections 1345.71 through 1345.78 and provides consumer protections limited exclusively to new motor vehicles. The law does not protect purchasers of used vehicles or previously owned automobiles. Under this law, protection is available only for vehicles exhibiting warranty-covered defects within the first 12 months of ownership or the first 18,000 miles of operation, whichever occurs first. Defects must substantially impair the vehicle's use, value, or safety to qualify for remedies, which may include manufacturer repairs, replacement, or refund of the purchase price.
What Protections Do Used Car Buyers Have in Ohio?
Purchasers of used vehicles lack coverage under Ohio's state lemon law but retain recourse through federal protections and state warranty requirements.
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act establishes remedies when dealers provide express written warranties that are subsequently breached. This federal statute permits buyers to pursue damages, vehicle replacement, or a refund when warranty terms are violated, and allows recovery of reasonable attorney fees and court costs in successful claims.
FTC Used Car Rule
The FTC Used Car Rule mandates that every used vehicle dealer display a Buyer's Guide at the point of sale, clearly indicating whether the transaction occurs with warranty protection or on an "as is" basis. The disclosure must specify which vehicle systems and components receive coverage, identify the party responsible for repair costs, recommend independent pre-purchase inspections, and direct buyers toward vehicle history records.
Implied Warranty of Merchantability
Ohio's Uniform Commercial Code recognizes an implied warranty of merchantability for merchant sellers of goods, including motor vehicles. This warranty establishes that used vehicles sold by dealers must function for their ordinary intended purpose unless the dealer explicitly disclaims the warranty in writing through conspicuous language.
Understanding "As Is" Sales in Ohio
Dealers in Ohio may offer vehicles on an "as is" basis, transferring the risk of post-purchase defects to the buyer and limiting the seller's obligation to remedy problems discovered after the sale.
What "As Is" Means for Buyers
Sales designated "as is" or "with all faults" effectively disclaim implied warranty protections, provided the disclaimer appears in writing with conspicuous visibility. When a vehicle carries "as is" designation, the buyer typically assumes liability for all mechanical, structural, and electrical failures regardless of their cause or severity.
Limited Dealer Disclosure Requirements
Dealers retaining knowledge of defects or prior damage must disclose this information to prospective purchasers before finalizing the transaction. Failure to reveal known defects, damage, or repair history—whether the vehicle is marketed "as is" or with warranties—constitutes a violation of Ohio's consumer protection standards. Purchasers of vehicles previously returned to manufacturers as lemons receive enhanced protections despite "as is" status. When a returned lemon reenters the market, the manufacturer must brand the vehicle's title with notation indicating the prior buyback, provide warranty coverage equal to 12 months or 12,000 miles (whichever is greater), and ensure that dealers furnish a fair warning notice disclosing the defects that prompted the original return.
Limited Exceptions to "As Is" Sales
Fraud, intentional concealment of material facts, or false statements made to induce the sale override any "as is" disclaimer and create liability for the dealer. Additionally, express warranties issued verbally or in writing cannot be negated by "as is" language; when a dealer explicitly represents a vehicle's condition, that representation remains binding even if the sales document contains an "as is" provision. Buyers receiving inadequate warning notice or lacking the required warranty and branded title on returned lemon vehicles may pursue claims under Ohio's consumer protection laws.
Filing a Consumer Complaint
Ohio Attorney General
Consumer Protection Section
30 E. Broad Street, 14th Floor, Columbus, OH 43215
Phone: (614) 466-4320
Toll-free: (800) 282-0515
Official Website: Consumer Protection Section
