How Long Can a Dealership Hold Your Car for Repair in Ohio?
As a car owner, you rely on your vehicle for daily transportation. However, repairs can be inconvenient and frustrating, especially if your newly purchased car turns out to be a lemon. In Ohio, there are laws that protect consumers from being without their cars for too long while they are being repaired at a dealership.
For Ohio residents, it is important to understand dealership obligations and your rights under Ohio's lemon law and consumer protection laws. At Ronald S. Weiss, Attorney & Counselor, we're dedicated to helping you protect your rights as a vehicle owner with issues involving dealership repairs and maintenance delays.
Your Rights as a Car Owner in Ohio
According to the Ohio Administrative Code (OAC), dealership service departments have a "reasonable" amount of time to complete repairs on vehicles brought in by customers. This reasonable time frame is defined as 30 days or less, unless stated otherwise in writing by both parties.
However, if the repair requires additional parts that need to be ordered, this 30-day window may be extended by a "reasonable" amount of time. This is typically defined as the amount of time it takes for the parts to be delivered and installed.
Ohio Lemon Law and Repair Timelines
Ohio’s Lemon Law is designed to protect consumers who purchase or lease new vehicles with defects or serious issues that impact safety, usability, or value. This law outlines specific protections for consumers, including provisions related to repair delays.
Under Ohio Lemon Law, manufacturers are permitted a "reasonable" number of repair attempts or a specific amount of time to fix substantial defects. Ohio's lemon law requires the dealership to repair any defects within the first year or 18,000 miles, whichever comes first. If they are unable to fix the issue after eight attempts, you also may be entitled to a replacement vehicle or a refund.
For vehicles covered under the Ohio Lemon Law, the guideline for a reasonable repair timeline is typically 30 days out of the first year. These 30 days don't have to be at one time; so they can be made up of any combination of days that the vehicle is at the dealership for warranty repairs out of the first year. When counting the 30 days, the defects involved can be the same or different as long as the total days equals or exceeds 30.
What Qualifies as an Unreasonable Delay?
While the Ohio Lemon Law provides a benchmark for repair timelines, there are instances where dealerships take far longer to complete repairs. This could occur for several reasons, including parts shortages, miscommunication, or a lack of technical skill to address complex issues with modern vehicles.
If your vehicle is held for repair beyond what seems like a reasonable time frame, it is essential to evaluate the situation. Manufacturers and dealerships are expected to act in good faith when addressing your car's defects. If they fail to act promptly or refuse to address the issue adequately, their delay might be deemed unreasonable under Ohio law.
Some common signs of unreasonable delays include:
Lack of communication about the status or progress of the repairs.
Multiple excuses without evidence of progress or part orders.
Deliberately postponing repairs without valid reasons.
Difficulty obtaining a written explanation of the delay.
What To Do if the Dealership Takes Too Long
If you believe that your dealership is holding your car for an excessive amount of time, you have several options under Ohio law to protect your rights, including the following:
Document the delay: Keep a detailed record of the timeline of your repairs. This should include the date you dropped your car off, the estimated completion time provided, any updates or delays given by the dealership, and any written or verbal communication regarding the repairs.
Request written communication: Request written confirmation of the reason for the delay and the estimated date the repair will be completed. Ohio's consumer protection law supports your right to ask for clear and transparent communication from the dealership.
Check your manufacturer’s warranty: Warranties may have specific provisions regarding repair delays, including the potential for vehicle replacement or buyback if defects are not repaired promptly. This information can strengthen your case if you pursue a Lemon Law claim.
Consider a loaner or rental vehicle: If the repairs are taking longer than expected, you may have the right to request a loaner car or reimbursement for rental car expenses. Review your warranty or dealership agreement to confirm whether these options are available.
File an Ohio Lemon Law claim: Under Ohio's Lemon Law, if your vehicle remains inoperable because of warranty-covered defects for more than 30 days, you may be entitled to a replacement vehicle or a refund of your purchase price. There are multiple ways to qualify for Ohio's lemon law - the 30 day provision is only one of the ways to qualify. To initiate a claim, consult an attorney experienced in Ohio consumer protection matters.
When Should You Consult an Attorney?
If your vehicle has been in the shop for an extended period or if repair attempts continue to fail, it is critical to consult with an experienced Lemon Law attorney.
At Ronald S. Weiss, Attorney & Counselor, we specialize in helping Ohio consumers achieve fair outcomes in vehicle disputes. Some common scenarios where legal assistance may be necessary include:
Your car has been in the repair shop for more than 30 days for the same issue.
Your vehicle has been to the dealership 3 or more times for the same issue.
Your vehicle has been to the dealership 8 or more times for various defects.
Your vehicle has been to the dealership 1 or more times for a defect likely to cause death or serious injury.
Your dealership fails to provide timely updates or resolve the defect within a reasonable time.
You incur significant out-of-pocket expenses because of repair delays.
Your car’s defects impair its safety, use, or value, and multiple repair attempts have not fixed the issue.
By seeking legal representation, we can help you understand the steps required to file a Lemon Law claim and advocate for a fair resolution on your behalf.
Contact an Experienced Attorney
If your vehicle is being held at the dealership for an excessive amount of time under warranty-covered repairs, reach out to an experienced attorney today. At Ronald S. Weiss, Attorney & Counselor, we'll strive to help you understand your rights under Ohio law and work with you to develop a plan for resolving the issue quickly and effectively.
Located in Toledo, Ohio, we serve clients throughout Ohio and Michigan. Contact us today to schedule a consultation.