Lemon Law Demand Letter - Ohio

OHIO NONCONFORMING NEW MOTOR VEHICLE DEMAND

SENT BY TRACKED DELIVERY — RETAIN PROOF OF RECEIPT

Date: [__/__/____]

To Manufacturer:

[MANUFACTURER'S FULL LEGAL NAME]

Attn: Warranty Claims / Lemon Law Department

[ADDRESS]

Copy to Authorized Dealer:

[DEALER NAME]

Attn: General Manager / Service Manager

[ADDRESS]

Re: Ohio nonconforming new motor vehicle claim — R.C. 1345.71 through 1345.78

Consumer: [NAME]

Vehicle: [YEAR / MAKE / MODEL]

VIN: [VIN]

Original delivery: [DATE]

Current odometer: [MILES]

Dear Sir or Madam:

I represent [CONSUMER] concerning the Vehicle identified above. The manufacturer, its agent, or its authorized dealer has been unable to conform the Vehicle to its express warranty after a reasonable number of attempts. The Consumer elects the remedy marked below under R.C. 1345.72(B).

1. CONSUMER AND COVERED VEHICLE

The claimant is a “consumer” under R.C. 1345.71(A) because the claimant is the [NON-RESALE PURCHASER / LESSEE UNDER A THIRTY-DAY-OR-LONGER PERIODIC-RATE ARRANGEMENT / WARRANTY-PERIOD TRANSFEREE / OTHER PERSON ENTITLED BY THE WARRANTY TO ENFORCE IT].

The Vehicle is a covered [PASSENGER CAR / NONCOMMERCIAL MOTOR VEHICLE / NONRESIDENTIAL PART OF A MOTOR HOME] and is not a mobile home, recreational vehicle, manufactured home, or excluded permanently installed motor-home facility for cold storage, cooking and consuming food, or sleeping. R.C. 1345.71(D).

2. TIMELY REPORT AND REPAIR DUTY

The Vehicle reached 18,000 miles on [DATE]. The first anniversary of original delivery was [DATE]. The earlier date was [DATE].

Before that earlier date, the Consumer reported the following warranty nonconformity to [MANUFACTURER / AGENT / AUTHORIZED DEALER]: [DESCRIBE PRECISELY].

R.C. 1345.72(A) required the manufacturer, its agent, or its authorized dealer to make the repairs necessary to conform the Vehicle to the express warranty, even if repairs occurred after the one-year or 18,000-mile period.

This tracked letter preserves evidence of delivery. Ohio's statute does not require the Consumer to send certified mail or provide a final repair opportunity under R.C. 1345.73(B).

3. NONCONFORMITY AND DEFENSE FACTS

The uncorrected nonconformity is:

[DETAILS]

It substantially impairs the Vehicle's [USE / VALUE / SAFETY] to the Consumer as follows: [DETAILS].

It did not result from abuse, neglect, or unauthorized modification or alteration by anyone other than the manufacturer, its agent, or its authorized dealer.

4. REPAIR HISTORY

The nonconformity continues or recurs as follows: [DETAILS].

5. REASONABLE-NUMBER PRESUMPTION

Select each supported ground under R.C. 1345.73(A), measured within the earlier of one year after original delivery or 18,000 miles of operation:

• ☐ Three repairs. Substantially the same nonconformity was subject to repair three or more times and continues or recurs. R.C. 1345.73(A)(1).
• ☐ Thirty calendar days. The Vehicle was out of service by reason of repair for at least 30 cumulative calendar days. R.C. 1345.73(A)(2).
• ☐ Eight total attempts. There were eight or more attempts to repair any nonconformity. R.C. 1345.73(A)(3).
• ☐ Death-or-serious-injury condition. At least one attempt was made to repair a nonconformity resulting in a condition likely to cause death or serious bodily injury if the Vehicle is driven, and it continues or recurs. R.C. 1345.73(A)(4).
• ☐ Independent showing. Even if a presumption is disputed, the attached record shows a reasonable number of unsuccessful attempts: [DETAILS].

Any extension under R.C. 1345.73(B)(1) is limited to time when the Vehicle could not reasonably be repaired because of war, invasion, civil unrest, strike, fire, flood, or natural disaster. Applicable extension: [NONE / DETAILS].

During any claimed extension, the manufacturer must arrange a vehicle for the Consumer's use at no cost under R.C. 1345.73(B)(2). Compliance: [DETAILS / NOT APPLICABLE].

6. QUALIFIED INFORMAL DISPUTE-RESOLUTION MECHANISM

Under R.C. 1345.77(B), a consumer must first resort to a qualified mechanism before suing only if a qualified mechanism exists and the consumer timely received written notice describing its operation and effect.

Select the applicable status:

• ☐ No qualified mechanism has been identified. Please identify any mechanism the manufacturer contends applies and provide its qualification and current rules.
• ☐ The Consumer did not timely receive the written notice and description required to trigger the first-resort condition.
• ☐ The Consumer submitted the claim to [PROGRAM] on [DATE]; it decided the claim on [DATE] with [RESULT].
• ☐ The Consumer is submitting the claim to [PROGRAM] concurrently with this demand.

The Consumer may sue if no qualified mechanism exists, the written-notice condition was not met, the Consumer is dissatisfied with the decision, or the manufacturer, its agent, or its authorized dealer fails promptly to fulfill the terms determined by the mechanism.

7. CONSUMER'S ELECTION AND REFUND

Under R.C. 1345.72(B), the Consumer elects:

• ☐ A new motor vehicle acceptable to the Consumer
• ☐ Return and refund of the full purchase price plus all incidental damages

Ohio provides no mileage or use deduction. If refund is elected, the calculation is:

For a sale, the “full purchase price” includes the contract price and the transportation, undercoating, dealer-installed option or accessory, dealer service, dealer preparation, delivery, finance, credit-insurance, warranty, service-contract, sales-tax, license, registration, and other government charges listed in R.C. 1345.71(F)(1).

For a lease, replace the sale components with the R.C. 1345.71(F)(2) components: capitalized-cost reduction, security deposit, taxes, title fees, all monthly lease payments, residual value, and finance, credit-insurance, warranty, and service-contract charges.

Under R.C. 1345.72(D)(1), the manufacturer must forward a refund by an instrument jointly payable to the Consumer and the title lienholder or lessor. The lienholder or lessor may deduct the balance and refunded cancellation fees, must remit any balance to the Consumer, and must cancel the lien or lease.

If replacement is elected, the lienholder-or-lessor notice, consent, and title or lien steps in R.C. 1345.72(D)(2) apply.

8. DEADLINE, FEES, AND RESPONSE

An action under R.C. 1345.75(A) must commence within five years after original delivery. The limitations period is tolled from the filing of a complaint with a R.C. 1345.77 mechanism through its decision. R.C. 1345.75(C).

A successful consumer is entitled to reasonable attorney fees and all court costs under R.C. 1345.75(A).

Please respond in writing by [DATE] with:

1. The manufacturer's position on the repair history and each R.C. 1345.73(A) ground;
2. The identity, qualification, notice, and current rules of any R.C. 1345.77 mechanism;
3. The manufacturer's response to the Consumer's elected remedy; and
4. If refund is elected, a calculation with no mileage or use deduction.

This demand does not waive other remedies preserved by R.C. 1345.75(B). Each separate claim requires its own legal and factual basis.

Respectfully submitted,

[ATTORNEY NAME], Ohio Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

9. ENCLOSURE CHECKLIST

• ☐ Purchase or lease, title, warranty, vehicle-class, and lien or lessor documents
• ☐ Itemized repair statements and calendar-day calculation
• ☐ Current-condition and impairment evidence
• ☐ Prior reports and manufacturer communications
• ☐ Qualified-mechanism notice, rules, submission, and decision, if applicable
• ☐ Remedy election, full-purchase-price calculation, and incidental-damage receipts
• ☐ Proof of delivery for this demand

10. SOURCES AND REFERENCES

• Ohio Laws — R.C. 1345.71
• Ohio Laws — R.C. 1345.72
• Ohio Laws — R.C. 1345.73
• Ohio Laws — R.C. 1345.74
• Ohio Laws — R.C. 1345.75
• Ohio Laws — R.C. 1345.77