“This was due to the recent disasters in Japan,” Tierney said, “There was a parts shortage, and manufacturers couldn’t repair problems in good faith in that 30-day time period.”
The March 11 earthquake and tsunami in the country knocked out many key vehicle parts factories, and manufacturers are now having a difficult time finding replacement parts.
To be eligible, a car must be under one year old with under 18,000 miles and have one or more problems covered by the warranty that severely impact its use, value or safety. The vehicle must furthermore meet one of four requirements to be considered a lemon.
Before the rules change, if a vehicle was in the shop for a combined total of 30 days, it would be declared a lemon. An owner would be able to ask for a refund or replacement for the vehicle.
The new exemption for natural disasters extends that time indefinitely if a natural disaster strikes, Tierney said.
“Such an exemption exists in many other states,” Tierney said. “Many of these laws have not ever been used. The disaster in Japan is the first time it’s been necessitated.”
Still, Tierney said a manufacturer must provide owners with access to another vehicle to drive while their own is being repaired.
John North, president and chief executive of the Dayton Better Business Bureau, said the deal is a fair trade-off when owners had replacement vehicles from the dealer while maintenance problems are addressed.
“I think it’s understandable,” North said, “It’s realistic to expect its going to take some extra time.”
He said he does not believe the revised law will be open to abuse.
“In our experience with car dealerships, they’re pretty responsive. (Abuse) is not something that’s in their track record.”
Contact this reporter at (937) 225-2206 or tnavera@DaytonDailyNews.com.
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