Walk It Through: The Bill Was Not the Estimate
A repair, the statute behind it, a porch sale, and a car that keeps coming back.
The shop rings: the car is ready, and the bill is well above the number you were given.
Two things a person in this spot might do. Picking one shows what the law says about it.
Which dealings are consumer transactions, whether a shop or a seller is a supplier under the chapter, whether a practice matches something already in the attorney general's file, how a lemon refund is calculated and what is deducted, and the full list of home solicitation exclusions are not worked out here. The federal cooling off rule, any informal dispute program a manufacturer runs, warranty work on a new vehicle, and used vehicles are outside this walkthrough.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
6 words · tap one for its definition
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- DiscoveryThe exchange of evidence between the parties in a criminal case. On receipt of a written demand the prosecuting attorney provides the categories the rule lists, including statements, records, lab results and officer reports.
- Treble damagesThree times the actual economic damages, available in a consumer case where the practice was already declared unlawful before the transaction.
- Home solicitation saleA sale of consumer goods or services where the seller personally solicits at the buyer's residence and the agreement is given there, or where the buyer's agreement is made at a place other than the seller's place of business. It is the category the three day right to cancel attaches to.
- Attorney in factThe person a power of attorney names to act for somebody else. Under a durable power of attorney for health care, that is who decides about treatment when the principal cannot.
- Clear and convincing evidenceA standard of proof higher than the balance of probabilities used in an ordinary civil case and lower than proof beyond a reasonable doubt. Ohio uses it for civil commitment and for forfeiture, among other things.
- NonconformityIn the new motor vehicle law, the failure of a vehicle to conform to the express warranty. It is what the manufacturer has a duty to repair, and it is what a reasonable number of unsuccessful attempts is counted against.