Ohio's Lemon Law - Free Truck for Me

[Henry Ford]

What's the gain to pay lawyer if Ford give all your money back?

I don't know. I'm an internet yahoo. A lawyer could answer that question.

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[John Becker]

I've engaged the law firm of Dewey, Screwum, & Howe. They will collect their attorney fees directly from FMC.

 

[Scorpio3d]

It appears that Ford Motor Company (FMC) will buyback or replace my 2023 Lariat SR under Ohio’s Lemon Law. It qualifies because “the vehicle has been in the shop for a cumulative total of 30 days or more during its first year or 18,000 miles.”

Ohio’s Lemon Law states:

…the manufacturer may, at your option, give you a new vehicle or refund the “full purchase price.” That price includes all of the following:​

• The purchase price for the car plus the costs for transportation, dealer preparation, delivery, dealer-installed accessories and other services.
• The costs for financing and credit insurance, as well as any warranty and service contract charges.
• Taxes and any other government charges, including state sales tax, license fees and registration fees.

I have two choices under the Lemon Law:

• Direct FMC to buyback my truck for my “out the door” cost ($65,547).
• Direct FMC to give me a new vehicle that is to my satisfaction.

https://www.ohioattorneygeneral.gov...s/Consumer-Tips/Consumer-Tips-Auto/Lemon-Laws

If I’m understanding all of this correctly, it appears that I could direct FMC to write me a check for $65,547. (The federal tax credit was another $7,500 off bringing my adjusted cost down to $58,047.) I could put that $65,547 toward a 2024 model or wait for 2025. I’d also consider used.

Alternatively, I could choose to direct FMC to give me a new vehicle that is to my satisfaction. And of course, everything is negotiable, but the law is on my side.

What should I be thinking about? I need help thinking this through.

Thanks!

Tough decision to make!
Is your truck now working 100% or close?
You could probably hit them up for a free extended warranty and keep the truck if it is good now.

I don’t know how you figure you’re getting a free truck??

 

[InTheCloud]

I've engaged the law firm of Dewey, Screwum, & Howe. They will collect their attorney fees directly from FMC.

I know you jest, but in most (if not all) Lemon Law states, that is exactly what happens. What you are offered is a Ford Buyback, which gets you the pretty bog-standard return a Lemon Law lawyer would net you, but not having to shell out extra for lawyer's fees. The only reason to enlist a lawyer would be if Ford reneged on the deal, or the owner and Ford had a disagreement over the terms of what makes the vehicle a Lemon.

One piece you may be missing is with the buyback is that on top of the cash, Ford may also provide you with a private offer. Their thinking is that they want that cash flow back in their hands, so offering you anywhere from $750 to $1500 might be something to bring you back to the blue Oval (alternatively you might luck out with an unrelated $2000 private offer from Ford, but note that Private Offers can't be stacked).

Also be sure to verify bullet two is for a new vehicle, versus an equivalent value vehicle (alike in year, mileage, and condition). I'd take the cash, bide my time, and wait for a desperate dealer to want to blow out a new truck with steep discounts. Dealer discount, Private Offer, Tax rebate, and 0% financing, and you're sitting pretty.

 

[John Becker]

Tough decision to make!
Is your truck now working 100% or close?
You could probably hit them up for a free extended warranty and keep the truck if it is good now.

I don’t know how you figure you’re getting a free truck??

Other than a few quirks, it works fine.
The reason I figure that I can get a free truck is the clear language of the Lemon Law per the Ohio Revised Code and case law:

• Per ORC 1345.72(B), “…the manufacturer, at the consumer's option… either shall replace the motor vehicle with a new motor vehicle acceptable to the consumer or shall accept return of the vehicle from the consumer and refund each of the following:
• The full purchase price;
• All incidental damages, including, but not limited to, any fees…

 

[Scorpio3d]

Other than a few quirks, it works fine.
The reason I figure that I can get a free truck is the clear language of the Lemon Law per the Ohio Revised Code and case law:

• Per ORC 1345.72(B), “…the manufacturer, at the consumer's option… either shall replace the motor vehicle with a new motor vehicle acceptable to the consumer or shall accept return of the vehicle from the consumer and refund each of the following:
• The full purchase price;
• All incidental damages, including, but not limited to, any fees…

OK so….
If you purchased the vehicle, they give you your money back… Not free but a reimbursement for what you already spent!

They give you a new truck for the truck you already purchased, which is basically the same thing.

If you leased or financed the vehicle, they buy it back to pay it off. So you get back what you’ve already paid for it… Again, not free but a reimbursement for what you already spent!

Unless I’m missing something?

 

[John Becker]

OK so….
If you purchased the vehicle, they give you your money back… Not free but a reimbursement for what you already spent!

They give you a new truck for the truck you already purchased, which is basically the same thing.

If you leased or financed the vehicle, they buy it back to pay it off. So you get back what you’ve already paid for it… Again, not free but a reimbursement for what you already spent!

Unless I’m missing something?

You are correct. I should have described it more accurately. FMC will buy back my truck or replace it with a new truck that is to my satisfaction.
Sorry for the confusion.

 

[John Becker]

I know you jest, but in most (if not all) Lemon Law states, that is exactly what happens. What you are offered is a Ford Buyback, which gets you the pretty bog-standard return a Lemon Law lawyer would net you, but not having to shell out extra for lawyer's fees. The only reason to enlist a lawyer would be if Ford reneged on the deal, or the owner and Ford had a disagreement over the terms of what makes the vehicle a Lemon.

One piece you may be missing is with the buyback is that on top of the cash, Ford may also provide you with a private offer. Their thinking is that they want that cash flow back in their hands, so offering you anywhere from $750 to $1500 might be something to bring you back to the blue Oval (alternatively you might luck out with an unrelated $2000 private offer from Ford, but note that Private Offers can't be stacked).

Also be sure to verify bullet two is for a new vehicle, versus an equivalent value vehicle (alike in year, mileage, and condition). I'd take the cash, bide my time, and wait for a desperate dealer to want to blow out a new truck with steep discounts. Dealer discount, Private Offer, Tax rebate, and 0% financing, and you're sitting pretty.

Under Ohio law, the vehicle became a "lemon" on the 30th day at the dealership. It was there 32 days. Case law is strict on this.
Despite my inquiry to FMC, they refused to offer me anything. Surprisingly, FMC forced me to sue them. (Big mistake!) Their legal team will likely offer me (through my legal team) an out of court settlement that will include my legal fees and court costs.
I'm listening. We'll see.
What option do you think FMC will prefer?

• Buyback my truck for my full out-the-door cost?
• Replace my truck with a new truck to my satisfaction? (To be clear, this would be a trade-in at no cost to me.)

They will certainly prefer an out of court settlement. How much should I demand?
Keep in mind that FMC doesn't get to choose. I do.

 

[PA Lightning]

Don't get greedy. Ask for an amount that makes you whole.

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