Does Your Car Qualify as a Lemon?
Last updated: October 2026
Key Takeaways
Michigan’s lemon law covers a new vehicle whose defect is reported within the manufacturer’s warranty term or one year from delivery, whichever comes first, with no mileage limit and no vehicle age test.
Ohio’s lemon law covers a defect that arises within one year or 18,000 miles of delivery, and a lawsuit must be filed within five years of delivery.
A vehicle is presumed a lemon in Michigan after four repair attempts for the same defect within two years or 30 days out of service, and in Ohio after three attempts for the same defect, eight attempts for any defects, 30 days out of service, or one attempt for a defect likely to cause death or serious injury.
Both states require the consumer to use the manufacturer’s informal dispute program first if one exists, and both allow a court to award attorney fees to a consumer who prevails.
It’s common to hear of a car described as a “lemon,” but what does this really mean? Who decides what qualifies as a lemon? Each state has its own lemon laws which can help consumers seek refunds or replacements for defective cars they’ve purchased. However, because the laws from state to state vary so much, it’s important to understand what the legal requirements are in your state before you pursue a claim.
If you’d like help with this process, give our firm a call to speak with a lemon law lawyer about your specific situation. We are located in West Bloomfield, Michigan, and Toledo, Ohio, and we handle cases throughout both states.
What Is Lemon Law?
Lemon laws protect consumers when they've bought a car that turns out to be defective. For a car to be considered a “lemon,” generally speaking, you must prove it has a significant defect that occurred after you purchased it (within a certain number of days or miles) and the defect has not been repaired after a reasonable number of repair attempts.
Of course, what counts as “significant” can vary and is open to interpretation. An easy example of a significant defect could include a major system in a car, such as steering or the engine, that can cause the car to stop running or be a safety hazard. The defect doesn't have to involve a safety concern and it doesn't have to relate to a major system, so it can be confusing. If you meet these requirements, you would then be legally able to obtain a refund through the car manufacturer. If you fit the law's definition or even if you are close, it is worth looking into.
Qualifying as a Lemon in Michigan
If you want to request a refund or replacement under the Michigan lemon law, the vehicle and the defect must meet the requirements of the New Motor Vehicle Warranties Act, MCL 257.1401 through 257.1410. The vehicle must be a passenger car, SUV, pickup, or van that was bought or leased in Michigan or by a Michigan resident, and it must have been covered by the manufacturer’s express warranty at the time of purchase or lease.
The law covers both buyers and lessees, including a small business that buys or leases fewer than ten new vehicles a year. The defect must substantially impair the vehicle’s use or value, and it must be reported to the manufacturer or dealer within the warranty term or within one year of the date the vehicle was delivered to the original buyer, whichever comes first. Michigan sets no mileage limit and no vehicle age limit; the one-year reporting window is what matters, which is also why a used vehicle qualifies only if it is still under the original warranty and the defect is reported within one year of the original delivery.
A vehicle is presumed to be a lemon under MCL 257.1403 if the same defect has been subject to repair four or more times within two years of the first repair attempt and still exists, or if the vehicle has been out of service for repairs for 30 or more days, counting partial days, within the warranty term or the first year.
After the third repair attempt, or after 25 days out of service, the consumer must notify the manufacturer in writing by a return-receipt mail service, and the manufacturer then has five business days after receiving the vehicle at its designated repair facility to make a final repair. If that fails, the consumer may demand a refund or a replacement vehicle acceptable to the consumer. Even if your vehicle does not fit the presumption exactly, you may still have a claim, and we are glad to review the facts.
Qualifying as a Lemon in Ohio
Under the Ohio lemon law, ORC 1345.71 through 1345.78, the qualifying defect must be reported to the manufacturer or dealer within one year of the vehicle’s original delivery or the first 18,000 miles, whichever comes first.
The law covers a new passenger car or noncommercial vehicle, including motorcycles, that was purchased or leased under a lease of 30 days or more, and it protects a person who received the vehicle during the warranty period as well. Recreational vehicles and the living quarters of motor homes are excluded. The defect must substantially impair the vehicle’s use, value, or safety.
Ohio’s presumptions under ORC 1345.73 are broader than Michigan’s. The vehicle is presumed a lemon if, within the one-year/18,000-mile period, the same defect was subject to repair three or more times and still exists, the vehicle was out of service for a cumulative total of 30 or more calendar days, eight or more different defects were subject to repair, or a defect likely to cause death or serious bodily injury was subject to repair at least once.
Two Ohio rules work in the consumer’s favor. The consumer, not the manufacturer, chooses between a refund and a replacement, and the refund is the full purchase price plus incidental costs with no deduction for the miles driven. Note that the five-year figure sometimes mentioned in connection with Ohio’s law is not a vehicle age limit; it is the deadline to file a lawsuit, which runs from the date of original delivery under ORC 1345.75.
How a Lemon Law Attorney Can Help You
Working with an attorney can make this process much easier. Both states require a consumer to use the manufacturer’s informal dispute program, such as an arbitration program certified under federal rules, before filing suit if the manufacturer offers one, and the decision is binding on the manufacturer only if the consumer accepts it.
An attorney can prepare the written notice Michigan requires, present the claim in arbitration, and file a lawsuit if the manufacturer refuses to repurchase the vehicle.
Both Michigan and Ohio allow a court to award reasonable attorney fees and costs to a consumer who prevails, and settlements with manufacturers typically include them, so most lemon law clients pay nothing out of pocket. An attorney can also make sure the buyback figure is right, since how a refund is calculated in a lemon law case differs between the two states.
Contact Our Lemon Law Firm Today
If you have recently purchased or leased a faulty car and would like to know whether it qualifies, the first steps to take if you think your car is a lemon are to keep every repair order and track the days the vehicle spends in the shop.
Ronald S. Weiss, Attorney & Counselor handles lemon law claims throughout Michigan and Ohio, and the initial consultation is free.