LEMON LAW DEMAND LETTER

STATE OF OHIO

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND FIRST-CLASS MAIL

[DATE]

[MANUFACTURER NAME]
ATTN: Customer Relations / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: OHIO LEMON LAW DEMAND - STATUTORY NOTICE
Consumer/Owner: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM LEVEL]
VIN: [VEHICLE IDENTIFICATION NUMBER]
Purchase/Lease Date: [DATE]
Current Mileage: [MILEAGE]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the purchase/lease of the above-referenced vehicle, which qualifies as a "lemon" under the Ohio Lemon Law, Ohio Rev. Code Section 1345.71 et seq., the Ohio Consumer Sales Practices Act, Ohio Rev. Code Section 1345.01 et seq., and the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq. This letter constitutes formal notice of our Client's claim and demand for repurchase or replacement of the defective vehicle.

I. OHIO LEMON LAW FRAMEWORK

A. Statutory Authority

This demand is made pursuant to the Ohio Lemon Law, Ohio Rev. Code Section 1345.71 et seq., which provides protection to consumers who purchase or lease new motor vehicles that fail to conform to express warranties.

B. Covered Vehicles

Under Ohio Rev. Code Section 1345.71(A), a "motor vehicle" means:
- Any passenger car, noncommercial motor vehicle, or parts of such vehicles that are purchased or leased in Ohio
- Vehicles that are covered by a manufacturer's express warranty
- Excludes: Motor homes, commercial motor vehicles, and motorcycles

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] that was purchased/leased new and is covered under Ohio's Lemon Law.

C. Coverage Period

Ohio's Lemon Law applies during:
- The Lemon Law Rights Period: The term of the express warranty OR one year following the date of original delivery, whichever comes first. Ohio Rev. Code Section 1345.72(A).

D. Presumption of Nonconformity

Under Ohio Rev. Code Section 1345.73, there is a rebuttable presumption that a reasonable number of attempts have been made if:

1. Same Nonconformity: The same nonconformity has been subject to repair three (3) or more times without success; OR

2. Nonconformity Causing Serious Safety Hazard: One (1) repair attempt for a defect likely to cause death or serious bodily injury if the vehicle is driven; OR

3. Days Out of Service: The vehicle has been out of service by reason of repair for 30 or more calendar days (need not be consecutive); OR

4. Eight or More Total Repairs: Eight (8) or more repair attempts for any combination of nonconformities.

E. Manufacturer Notice Requirement

Under Ohio Rev. Code Section 1345.73(B), the consumer must provide written notification by certified mail or personal service to the manufacturer. The manufacturer has a final opportunity to cure the nonconformity after receiving such notice.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTIFICATION.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Warranty

The defects complained of arose during the applicable warranty period and remain unresolved.

IV. DEFECT DESCRIPTION

A. Nature of Defect(s)

The vehicle suffers from one or more nonconformities that substantially impair its use, value, or safety as required under Ohio Rev. Code Section 1345.72:

PRIMARY DEFECT:
- Description: [DETAILED DESCRIPTION OF DEFECT]
- First Occurrence: [DATE AND MILEAGE]
- Symptoms: [HOW DEFECT MANIFESTS]
- Safety Impact: [ ] Yes [ ] No - [IF YES, DESCRIBE]
- Use Impairment: [HOW DEFECT AFFECTS VEHICLE USE]
- Value Impairment: [HOW DEFECT AFFECTS VEHICLE VALUE]

ADDITIONAL DEFECT(S):
[REPEAT FORMAT FOR EACH ADDITIONAL DEFECT]

V. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

[ADD ADDITIONAL REPAIR ATTEMPTS AS NEEDED]

Summary of Repair Attempts

VI. LEMON LAW QUALIFICATION

A. Ohio Lemon Law Presumption Met

Our Client's vehicle qualifies as a lemon under Ohio law because:

[ ] Repair Attempt Threshold Met:
The same nonconformity has been subject to repair [NUMBER] times, exceeding the 3-repair threshold under Ohio Rev. Code Section 1345.73(A)(1).

[ ] Serious Safety Hazard:
A nonconformity likely to cause death or serious bodily injury exists after [NUMBER] repair attempt(s), meeting the threshold under Ohio Rev. Code Section 1345.73(A)(2).

[ ] Days Out of Service Threshold Met:
The vehicle has been out of service for repair for [NUMBER] calendar days, exceeding the 30-day threshold under Ohio Rev. Code Section 1345.73(A)(3).

[ ] Eight Total Repair Attempts Met:
The vehicle has been subject to [NUMBER] total repair attempts for nonconformities, exceeding the 8-repair threshold under Ohio Rev. Code Section 1345.73(A)(4).

B. Ohio Consumer Sales Practices Act

In addition to the Ohio Lemon Law, our Client has claims under the Ohio Consumer Sales Practices Act, Ohio Rev. Code Section 1345.01 et seq., which provides for treble damages for willful violations.

C. Magnuson-Moss Warranty Act

Our Client also has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., which provides for attorney's fees to prevailing consumers.

VII. ARBITRATION NOTICE

Under Ohio Rev. Code Section 1345.77, if [MANUFACTURER] sponsors an informal dispute settlement procedure that complies with 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before bringing a civil action.

[ ] [MANUFACTURER] has an informal dispute settlement procedure. Our Client will participate in the process but may reject the decision within 60 days and proceed to court.

[ ] [MANUFACTURER] does not have a complying informal dispute settlement procedure, and therefore the consumer may proceed directly to court.

VIII. DEMAND FOR RELIEF

Pursuant to Ohio Rev. Code Section 1345.72, we hereby demand:

A. Primary Relief (Choose One)

[ ] REPURCHASE/REFUND

Under Ohio Rev. Code Section 1345.72(B), the manufacturer must refund:

The reasonable allowance for use is calculated by multiplying the full contract price by a fraction having as its denominator 100,000 and the number of miles the vehicle was driven prior to the consumer's first report of the nonconformity as its numerator. Ohio Rev. Code Section 1345.72(B)(1).

[ ] REPLACEMENT

Under Ohio Rev. Code Section 1345.72(C), the manufacturer must provide a comparable new motor vehicle acceptable to the consumer.

B. Additional Relief

1. Attorney's Fees and Costs: Under Ohio Rev. Code Section 1345.75, a prevailing consumer may recover reasonable attorney's fees and costs.

2. Treble Damages: Under the Ohio Consumer Sales Practices Act, treble damages may be available for willful violations.

3. Loan/Lease Payoff: The manufacturer must pay off any outstanding balance to the lienholder.

4. Incidental Damages: All incidental damages including rental car expenses, towing charges, and other costs incurred as a result of the nonconformity.

IX. FINAL REPAIR OPPORTUNITY

This letter provides [MANUFACTURER] with the final repair opportunity required under Ohio Rev. Code Section 1345.73(B). The manufacturer should contact the undersigned immediately to arrange for a final repair attempt.

Please contact the undersigned within seven (7) business days to schedule the final repair attempt. If the defect is not cured within a reasonable time, our Client will proceed with arbitration (if required) and/or litigation.

X. DOCUMENT PRESERVATION

You are hereby directed to preserve all documents and records relating to this vehicle, including:

• All repair orders and warranty claims
• All technical service bulletins related to the defect
• All customer complaints regarding similar defects
• All communications between dealer and manufacturer
• All engineering documents and analyses
• The vehicle itself (do not destroy, sell, or alter)

XI. RESPONSE DEADLINE

Please respond to this demand in writing within fourteen (14) days of the date of this letter with:

1. Your position on whether the vehicle qualifies as a lemon
2. Your offer for repurchase or replacement
3. Scheduling of the final repair opportunity, if desired

If we do not receive a satisfactory response, our Client will:

[ ] Submit this matter to the manufacturer's dispute settlement procedure
[ ] File suit in the appropriate Ohio court
[ ] Report this matter to the Ohio Attorney General

XII. CONCLUSION

Our Client has provided [MANUFACTURER] with ample opportunity to repair this vehicle. The vehicle continues to suffer from substantial defects that impair its use, value, and safety. Our Client is entitled to a refund or replacement under Ohio law.

We urge you to resolve this matter promptly and avoid unnecessary litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
[ ] Copies of all repair orders
[ ] Copy of purchase/lease agreement
[ ] Copy of warranty booklet
[ ] Vehicle registration
[ ] Photographs/videos of defect
[ ] Prior correspondence with manufacturer

cc: [CONSUMER NAME]
[LIENHOLDER, if applicable]
Ohio Attorney General - Consumer Protection Section

OHIO LEMON LAW QUICK REFERENCE

PRACTICE NOTES FOR OHIO

1. Consumer Sales Practices Act Claims: Ohio allows parallel claims under the CSPA, which provides for treble damages in cases of willful violations. Consider adding CSPA claims.

2. Serious Safety Hazard Exception: Only one repair attempt is required for defects likely to cause death or serious bodily injury.

3. Eight Total Repairs Rule: Ohio has a unique 8-repair threshold for any combination of nonconformities, even if different defects.

4. Arbitration Rejection: Consumers have 60 days to reject an arbitration decision and proceed to court.

5. Certified Mail Required: The statute specifically requires written notice by certified mail or personal service. Maintain proof of delivery.

6. Short Limitations Period: The statute of limitations is 1 year after warranty expiration or 18 months from delivery, whichever is earlier. Act promptly.

7. Calendar Days: Ohio uses calendar days (not business days) for the out-of-service calculation.

8. Excludes Motorcycles: Ohio's lemon law does not cover motorcycles.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Ohio attorney before use.