When purchasing a used car in Ohio, one of the biggest concerns for buyers is the potential for hidden defects that could lead to costly repairs. While Ohio has robust lemon laws for new vehicles, protections for used cars are more limited. Understanding Ohio’s Lemon Law and other consumer protection laws is crucial for buyers who want to avoid being stuck with a defective vehicle. This article explores Ohio’s Lemon Law, its application to used cars, and alternative legal remedies available to consumers.
Understanding Ohio’s Lemon Law
Ohio’s Lemon Law, officially known as Ohio Revised Code (ORC) Section 1345.71-1345.78, is designed to protect consumers who purchase new vehicles with significant defects. Under this law, manufacturers are required to repair or replace defective vehicles that do not meet quality and performance standards within a reasonable number of attempts. If the manufacturer cannot fix the issue, the consumer is entitled to a refund or replacement vehicle.
Does Ohio’s Lemon Law Cover Used Cars?
Unfortunately, Ohio’s Lemon Law does not apply to used cars in most cases. The law is specifically designed for new vehicles that are still under the original manufacturer’s warranty. This means that if you purchase a used car, even if it has serious defects, it will generally not qualify for protection under Ohio’s Lemon Law.
However, there are a few exceptions where a used vehicle might be covered:
- If the used car is still under the original manufacturer’s warranty, and the defects occur within the Lemon Law’s protection period.
- If the vehicle was previously determined to be a lemon and resold without proper disclosure.
Since the Lemon Law primarily protects new vehicle buyers, used car buyers in Ohio must rely on other consumer protection laws and warranty agreements to safeguard their rights.
Legal Protections for Used Car Buyers in Ohio
Although Ohio’s Lemon Law does not directly protect used car buyers, there are other legal remedies available to consumers:
1. Ohio’s Consumer Sales Practices Act (CSPA)
The Consumer Sales Practices Act (CSPA) is one of the most powerful legal protections for used car buyers in Ohio. This law prohibits unfair, deceptive, or unconscionable sales practices by businesses, including used car dealerships.
Under the CSPA, sellers cannot misrepresent the condition of a vehicle or withhold important information about known defects. Some examples of illegal practices under this law include:
- Selling a car as “certified” when it has significant defects.
- Failing to disclose a salvage or rebuilt title.
- Misrepresenting the mileage of the vehicle.
- Hiding major mechanical issues.
If a used car dealer engages in deceptive sales practices, the buyer may have grounds for legal action. Consumers can file a complaint with the Ohio Attorney General’s Office, and if successful, they may be entitled to compensation, including a refund, vehicle repairs, or financial damages.
2. Implied Warranties
In Ohio, even if a car is sold “as is,” there are situations where implied warranties might still apply. There are two key types of implied warranties:
- Warranty of Merchantability – This means the car must be fit for ordinary driving purposes. If a dealership sells a used car with defects that make it undrivable, this warranty may still protect the buyer.
- Warranty of Fitness for a Particular Purpose – If a dealer recommends a specific car based on a buyer’s needs, and the car fails to meet those needs due to defects, the dealer may be liable.
However, if a vehicle is sold “as is,” the buyer usually waives these implied warranties, unless the dealer knowingly misled the buyer about the car’s condition.
3. Federal Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act is a federal law that protects consumers from misleading warranties. If a used car comes with a written warranty (such as a dealer’s warranty or an extended service contract), the seller must honor the terms of that warranty. If the dealer refuses to make necessary repairs as promised, the buyer may be able to take legal action under this law.
4. Ohio’s Title Defect Rescission (TDR) Fund
Ohio also has a Title Defect Rescission (TDR) Fund, which is designed to protect buyers who unknowingly purchase a vehicle with a title issue. If a dealer sells a car with a defective title—such as a missing or improperly transferred title—the buyer may qualify for compensation under this program.
What Can You Do If You Buy a Defective Used Car in Ohio?
If you purchase a used car in Ohio and discover significant defects, here are some steps you can take:
- Check Your Warranty – If the car is still under a manufacturer’s warranty or comes with a dealer’s warranty, you may be able to get repairs or a replacement.
- File a Complaint with the Ohio Attorney General – If you believe the dealer engaged in deceptive sales practices, you can file a complaint with the Ohio Attorney General’s Consumer Protection Division.
- Pursue Legal Action Under the CSPA – If the dealer misrepresented the condition of the vehicle, you may be able to sue for damages under the Consumer Sales Practices Act.
- Consult an Attorney – If you believe you were misled or defrauded, a consumer protection attorney can help you understand your legal options.
- Use the Small Claims Court Option – If the damages are relatively small (up to $6,000), you can file a lawsuit in Ohio Small Claims Court.
How to Avoid Buying a Lemon Used Car
To minimize the risk of purchasing a defective used car in Ohio, consider these tips:
- Buy from a reputable dealer – Research the dealer’s reputation and check for complaints with the Better Business Bureau (BBB).
- Get a vehicle history report – Use services like Carfax or AutoCheck to verify the car’s accident history, title status, and past ownership.
- Have the car inspected by a mechanic – Before finalizing the purchase, take the car to a trusted mechanic for a pre-purchase inspection.
- Avoid “as-is” sales when possible – Buying a car with a warranty provides more legal protection than purchasing an “as-is” vehicle.
- Check for recalls – Use the National Highway Traffic Safety Administration (NHTSA) website to see if the vehicle has any open recalls.
Final Thoughts
While Ohio’s Lemon Law does not generally apply to used cars, consumers still have legal protections under the Consumer Sales Practices Act, implied warranties, and federal warranty laws. Buyers should be cautious when purchasing a used vehicle and take steps to protect themselves from fraud or misrepresentation. If you believe you’ve been sold a defective vehicle under false pretenses, legal options are available to help you seek justice.
