Q: Can Ohio’s Lemon Law help me if my motorcycle
is a lemon?
The law can require the manufacturer to replace or buy back a motorcycle that
you purchased or leased if it:
- had a defect that substantially
impaired its use, value or safety; and
- was not, or could not be,
properly repaired or repaired in a timely manner.
The law does not, however, cover parts added to your bike by
Q: What if I have a small engine motorcycle or
a scooter? Does the Lemon Law still cover my vehicle?
Neither the engine size nor the vehicle size matters. As long as it is
motorized and a noncommercial vehicle, it is covered by the Ohio Lemon Law.
Q: Does the Lemon Law cover my used motorcycle?
no. It will only be covered if you
bought the motorcycle within the first year or 18,000 miles of operation and
you reported the problems within the first year or 18,000 miles of operation.
Q: I bought a sidecar for my motorcycle. Does the Lemon Law cover my sidecar?
A: No. However, you may be able to recover its cost
if your motorcycle turns out to be a lemon and you purchased the sidecar at the
same time you bought your motorcycle, since in that case, the sidecar could be
considered a dealer-installed option or part of your “incidental” damages. (Incidental
damages might include, for example, the cost of equipment you bought for your
bike that can’t be used without the bike.)
Q: How do I know if my motorcycle is a lemon?
new motorcycles come with warranties from the manufacturer. If you have
problems, you should go back to your dealer or another authorized repair shop to
have the problem diagnosed and fixed. If
the problem is not corrected within a reasonable number of attempts or days out
of service, then your vehicle may qualify for Ohio Lemon Law remedies. You may
be able to get a new motorcycle or your money back.
Q: How many repair attempts must be made before
my motorcycle is considered a lemon?
motorcycle will be considered a lemon if:
the same problem has been subject to repair three or more times and still exists
the motorcycle has been out
of service for a total of 30 or more calendar days for repairs;
eight or more attempts have
been made to repair any substantial defect or condition that does not comply
with the warranty;
at least one repair attempt
has been made for a safety-related problem and the problem either continues to
exist or recurs.
Q: I think I have a lemon motorcycle. What
should I do?
not required, it may be helpful for you to contact the manufacturer directly if
your dealer has been unable to correct the problem within a reasonable amount
of time or reasonable number of attempts. Consider asking the manufacturer to
replace your motorcycle or buy it back.
If you’re unable to reach an acceptable agreement with the manufacturer,
you may want to ask that your dispute be arbitrated, if arbitration is
A motorcycle manufacturer cannot
require you to go through any arbitration process under the Ohio Lemon Law
unless the process has been “state-certified.” No motorcycle manufacturer uses
a state-certified arbitration board at this time. Always check with the Ohio
Attorney General’s office for current information. If the vehicle manufacturer
(e.g., BMW, Harley-Davidson, Honda, Suzuki, Triumph, Yamaha, etc.) has not
received state certification for its arbitration board, you may want to seek
help from a lawyer.
Q: How can I find out more about the Ohio Lemon
Law and other consumer-related issues?
more information, or to file a consumer complaint, write to the Ohio Attorney
General, Consumer Protection Office, 30 E. Broad St., 14th floor, Columbus, OH
43215-3428. Or you can call the toll
free helpline at the Consumer Protection Office, 1-800-282-0515. For online information or to file a
complaint, visit: www.ohioattorneygeneral.gov.
This “Law You Can Use” column was
provided by the Ohio State Bar Association (OSBA). It was prepared by attorney
Ronald L. Burdge of the Burdge Law Office Co, LPA in Dayton. The column offers
general information about the law. Seek an attorney’s advice before applying
this information to a legal problem.
Labels: Lemon Law, motorcycle