auto

Vehicle Protection

Vehicle Protection

The Ohio Lemon Laws protect consumers purchasing new automobiles and dealing with auto repairs. A new vehicle with one or more serious issues is considered a “lemon”. Consumers purchasing used vehicles are protecteded under other consumer litigation laws.

In Ohio new vehicles are protected under the lemon laws for the first 12 months a consumer owns the vehicle or the first 18,000 miles the vehicle is driven. Whichever comes first ends the consumer’s protection period according to the lemon laws, although a consumer may sue years later as long as the issue was raised within this period. During this time the consumer has to ask a manufacturer to fix a problem before turning the issue into a legal matter. If the problem is considered a manufacturer error and cannot be fixed by the manufacturer within a reasonable time period, then the consumer might have the possibility to receive a refund or replacement. The manufacturer must provide a warranty that protects the lemon laws when the consumer is purchasing a new vehicle.

There are several situations that can determine whether a manufacturer has had a reasonable opportunity to fix a vehicle under the lemon laws. Manufacturers may be allowed at least three or more attempts to repair one problem and at least one attempt to repair a life-threatening problem. A vehicle that has been in a repair shop being fixed by a manufacturer for 30 days or had eight different problems repaired during the consumer protection period, is considered reasonable opportunity. After one of these scenarios has taken place, a consumer may request a replacement vehicle or refund.

A consumer choosing to receive a refund is entitled to a full refund of the purchase price. That price includes the entire amount paid on the new vehicle, transportation costs, and charges for the manufacturer services. Taxes, registration fees, license fees, warranty charges, and costs for credit insurance and financing is also included in the refund.

Consumers purchasing used vehicles are not protected by the Ohio Lemon Laws. Used vehicle dealerships cannot misrepresent the functionality of the vehicle when making a sale. If the vehicle was a previous lemon that was returned, then the dealership must notify the consumer. The dealership must also notify a consumer of the price, interest rates, mileage and previous sales history of the vehicle. Consumers also have the right to know if the vehicle was a rental or a salvage title. A salvage title has information stating whether the vehicle has been damaged in the past or considered a loss by a previous insurance company.

 

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Doucet Recovers Treble Damages in Auto Repair Lawsuit

Doucet Recovers Treble Damages in Auto Repair Lawsuit

Doucet & Associates Co., L.P.A. recovered treble damages (three times the actual damages) plus attorney fees, in a civil breach of contract and Consumer Sales Protection Act lawsuit against Jacobs Proformance Engines LLC (JPE an Ohio Corporation entity 1709437 – Columbus Ohio). The consumer lawyers at our law firm handle many cases against dishonest car repair shops.  Sometimes the claims our lawyers handle result in the sizable recovery of money damages.

In a civil lawsuit, the plaintiff bears the burden of proof to establish all the elements necessary to sustain a claim, which includes the element of damages. With legal representation from a consumer lawyer with Doucet & Associates Co., L.P.A., in this civil lawsuit, the magistrate determined that all elements were met by default. The case was filed in Franklin County Court as a civil breach of contract claim lawsuit and the Consumer Sales Protection Act (CSPA).

Referred to a Magistrate for damages after the court issued a decision and entry granting plaintiff’s Motion for Default, the magistrate awarded damages based upon the default judgment.

The lawsuit was filed in Ohio after our client paid $28,400 for a high performance custom built racing engine “F2SBC Turnkey Engine”. Upon delivery of the finished motor from JPE, our client became suspicious that something was wrong with the engine. The client began disassembling the engine and noted wear and tear not normally associated with new products. Our client contacted Jacobs Proformance Engines LLC (JPE) and raised his concerns, but the defendant told him not to take the engine apart because it would “harm it.” Our client proceeded to take the engine apart and discovered his concerns were correct – the “new” engine was actually used.

After our client identified the breach of contract by JPE and contacted Doucet & Associates, our consumer lawyers filed a consumer protection lawsuit on his behalf.  Our client not only recovered actual damages, but for the  personal stress that lead to issues with his family, his sleep, and his general well being.

The court decided that our client would recover civil damages against Jacobs Performance Engines LLC (JPE) in the amount of $70,400 plus $500 for non-economic damages, plus attorney fees, plus interest, and plus court costs.

As a civil breach of contract lawsuit with elements covered by the Consumer Sales Protection Act, colloquially known as consumer protection, our client utilized our consumer lawyer services to obtain a favorable judgment in the breach of contract case against JPE. If you are an Ohio resident facing a similar issue with an auto repair, maintenance, upgrading shop, or another issue with this same company, you are invited to call Doucet & Associates at (614) 944-5219 to discuss your legal options.

 

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