When does a wheelchair, scooter or other assistive device qualify for replacement or a refund? A separate set of state 'wheelchair lemon laws' covers assistive devices, and the thresholds are not the ones in the car lemon law: repair attempts range from 2 (Oregon, Minnesota) through 3 (New York, New Jersey, Ohio) to 4 (Wisconsin, Missouri, Massachusetts), and days out of service run from 20 (New Jersey) through 30 in most states to 45 (Ohio). Coverage differs more than the numbers do — Ohio applies its assistive-device law only where the transaction is five hundred dollars or more and expressly excludes hearing aids and some medical devices, while California has no assistive-device lemon law at all and instead gives a 30-day return right on any device 'specifically fit for the buyer's particular needs' covering new and used goods alike. One record per state, quoted from the state statute or the state agency's own consumer page. The best-known assembled version on the open web (disabled-world.com, first published 2009) states that only three states have specific assistive-device protections, which is wrong, and the page that claimed broader coverage is now a dead domain. Answers 'does the lemon law cover wheelchairs', 'how many repair attempts before a wheelchair must be replaced', 'wheelchair lemon law in my state', and 'is my power scooter covered by a lemon law'.

Facts extracted from state statutes and state agency consumer pages, with attributed quote and link back. Assistive device warranty thresholds are public consumer protection facts. No source carries a restrictive notice.

Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds


**State:** California

**Devices covered:** all new and used assistive devices sold at retail in this state

> 1793.02. (a) (1) Except as provided in paragraph (2), all new and used assistive devices sold at retail in this state shall be accompanied by the retail seller’s written warranty which shall contain the following language: “This assistive device is warranted to be specifically fit for the particular needs of you, the buyer. If the device is not specifically fit for your particular needs, it may be returned to the seller within 30 days of the date of actual receipt by you or completion of fitting by the seller, whichever occurs later. If you return the device, the seller will either adjust or replace the device or promptly refund the total amount paid. This warranty does not affect the protections and remedies you have under other laws.” In lieu of the words “30 days” the retail seller may specify any longer period.

**Devices excluded:** (1) A catalog or similar sale, as defined in subdivision (q) of Section 1791, except a sale of a hearing aid. (2) A sale which involves a retail sale price of less than fifteen dollars ($15). (3) A surgical implant performed by a physician and surgeon, or a restoration or dental prosthesis provided by a dentist

> (e) This section and subdivision (b) of Section 1792.2 shall not apply to any of the following sales of assistive devices: (1) A catalog or similar sale, as defined in subdivision (q) of Section 1791, except a sale of a hearing aid. (2) A sale which involves a retail sale price of less than fifteen dollars ($15). (3) A surgical implant performed by a physician and surgeon, or a restoration or dental prosthesis provided by a dentist.

**Coverage period:** it may be returned to the seller within 30 days of the date of actual receipt by you or completion of fitting by the seller, whichever occurs later

> 1793.02. (a) (1) Except as provided in paragraph (2), all new and used assistive devices sold at retail in this state shall be accompanied by the retail seller’s written warranty which shall contain the following language: “This assistive device is warranted to be specifically fit for the particular needs of you, the buyer. If the device is not specifically fit for your particular needs, it may be returned to the seller within 30 days of the date of actual receipt by you or completion of fitting by the seller, whichever occurs later. If you return the device, the seller will either adjust or replace the device or promptly refund the total amount paid. This warranty does not affect the protections and remedies you have under other laws.” In lieu of the words “30 days” the retail seller may specify any longer period.

**Remedy:** the seller shall, without charge and within a reasonable time, adjust the device or, if appropriate, replace it with a device that is specifically fit for the particular needs of the buyer. If the seller does not adjust or replace the device so that it is specifically fit for the particular needs of the buyer, the seller shall promptly refund to the buyer the total amount paid, the transaction shall be deemed rescinded

> (c) If the buyer returns the device within the period specified in the written warranty, the seller shall, without charge and within a reasonable time, adjust the device or, if appropriate, replace it with a device that is specifically fit for the particular needs of the buyer. If the seller does not adjust or replace the device so that it is specifically fit for the particular needs of the buyer, the seller shall promptly refund to the buyer the total amount paid, the transaction shall be deemed rescinded, and the seller shall promptly return to the buyer all payments and any assistive device or other consideration exchanged as part of the transaction and shall promptly cancel or cause to be canceled all contracts, instruments, and security agreements executed by the buyer in connection with the sale. When a sale is rescinded under this section, no charge, penalty, or other fee may be imposed in connection with the purchase, fitting, financing, or return of the device.

**Citation:** Cal. Civ. Code 1793.02

> 1793.02. (a) (1) Except as provided in paragraph (2), all new and used assistive devices sold at retail in this state shall be accompanied by the retail seller’s written warranty which shall contain the following language: “This assistive device is warranted to be specifically fit for the particular needs of you, the buyer. If the device is not specifically fit for your particular needs, it may be returned to the seller within 30 days of the date of actual receipt by you or completion of fitting by the seller, whichever occurs later. If you return the device, the seller will either adjust or replace the device or promptly refund the total amount paid. This warranty does not affect the protections and remedies you have under other laws.” In lieu of the words “30 days” the retail seller may specify any longer period.

Source: <https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1793.02>

California — Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds


**State:** Massachusetts

**Devices covered:** a manual or motorized wheeled device which is adapted to meet the specific needs of a particular individual's disability

> ''Customized wheelchair'', a manual or motorized wheeled device which is adapted to meet the specific needs of a particular individual's disability, excluding an automobile, van or truck which a consumer purchases or accepts for transfer in the commonwealth.

**Devices excluded:** excluding an automobile, van or truck which a consumer purchases or accepts for transfer in the commonwealth

> ''Customized wheelchair'', a manual or motorized wheeled device which is adapted to meet the specific needs of a particular individual's disability, excluding an automobile, van or truck which a consumer purchases or accepts for transfer in the commonwealth.

**Coverage period:** The duration of the express warranty shall be not less than one year after first delivery of the customized wheelchair to the consumer

> (B) A manufacturer who sells a customized wheelchair to a consumer, either directly or through a customized wheelchair dealer, shall furnish the consumer with an express warranty for the customized wheelchair. The duration of the express warranty shall be not less than one year after first delivery of the customized wheelchair to the consumer. In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer that, for a period of one year from the date of first delivery to such consumer, the customized wheelchair shall be free from any condition or defect which substantially impairs the use value or safety of the customized wheelchair.

**Repair attempts required:** a nonconformity within the warranty is subject to repair at least four times by the manufacturer, customized wheelchair lessor, or any of the manufacturer's authorized dealers and the nonconformity continues

> ''Reasonable attempt to repair'', any of the following occurring within the term of an express warranty period applicable to a new customized wheelchair within one year after delivery of the customized wheelchair to a consumer, whichever occurs first: (1) a nonconformity within the warranty is subject to repair at least four times by the manufacturer, customized wheelchair lessor, or any of the manufacturer's authorized dealers and the nonconformity continues, or (2) the customized wheelchair is out of service for an aggregate of at least thirty days because of a warranty nonconformity.

**Days out of service:** out of service for an aggregate of at least thirty days because of a warranty nonconformity

> ''Reasonable attempt to repair'', any of the following occurring within the term of an express warranty period applicable to a new customized wheelchair within one year after delivery of the customized wheelchair to a consumer, whichever occurs first: (1) a nonconformity within the warranty is subject to repair at least four times by the manufacturer, customized wheelchair lessor, or any of the manufacturer's authorized dealers and the nonconformity continues, or (2) the customized wheelchair is out of service for an aggregate of at least thirty days because of a warranty nonconformity.

**Remedy:** accept return of the customized wheelchair and replace it with a comparable new customized wheelchair and refund any collateral costs; or (ii) accept return of the customized wheelchair and refund to the consumer and to any holder of a perfected security interest, as their interest may appear, the full purchase price and any finance charge amount paid by the consumer at the point of sale and any collateral costs, less a reasonable allowance for use

> (b) At the direction of a consumer other than one who leases a customized wheelchair, the manufacturer shall: (i) accept return of the customized wheelchair and replace it with a comparable new customized wheelchair and refund any collateral costs; or (ii) accept return of the customized wheelchair and refund to the consumer and to any holder of a perfected security interest, as their interest may appear, the full purchase price and any finance charge amount paid by the consumer at the point of sale and any collateral costs, less a reasonable allowance for use.

**Citation:** Mass. Gen. Laws ch. 93, s. 107

> ''Reasonable attempt to repair'', any of the following occurring within the term of an express warranty period applicable to a new customized wheelchair within one year after delivery of the customized wheelchair to a consumer, whichever occurs first: (1) a nonconformity within the warranty is subject to repair at least four times by the manufacturer, customized wheelchair lessor, or any of the manufacturer's authorized dealers and the nonconformity continues, or (2) the customized wheelchair is out of service for an aggregate of at least thirty days because of a warranty nonconformity.

Source: <https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section107>

Massachusetts — Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds


**State:** Minnesota

**Devices covered:** an item, piece of equipment, or product system that is designed and used to increase, maintain, or improve functional capabilities of individuals with disabilities in the areas of seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, or working. The term includes, but is not limited to: manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual

> Subd. 2.Assistive device. "Assistive device" is an item, piece of equipment, or product system that is designed and used to increase, maintain, or improve functional capabilities of individuals with disabilities in the areas of seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, or working. The term includes, but is not limited to: manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual; hearing aids, assistive listening devices, and other aids that enhance an individual's ability to hear or communicate; voice-synthesized computer modules, optical scanners, talking software, Braille printers, large print materials, and other devices that enhance an individual's ability to access print or communicate; and other assistive devices such as environmental controls, adaptive transportation aids, communication boards, and modified environments. "Assistive device" does not include a transcutaneous electrical nerve stimulator, neuromuscular electrical stimulator, or dynamic range of motion splint, if the stimulator or splint is already covered by a warranty.

**Devices excluded:** a transcutaneous electrical nerve stimulator, neuromuscular electrical stimulator, or dynamic range of motion splint, if the stimulator or splint is already covered by a warranty

> Subd. 2.Assistive device. "Assistive device" is an item, piece of equipment, or product system that is designed and used to increase, maintain, or improve functional capabilities of individuals with disabilities in the areas of seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, or working. The term includes, but is not limited to: manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual; hearing aids, assistive listening devices, and other aids that enhance an individual's ability to hear or communicate; voice-synthesized computer modules, optical scanners, talking software, Braille printers, large print materials, and other devices that enhance an individual's ability to access print or communicate; and other assistive devices such as environmental controls, adaptive transportation aids, communication boards, and modified environments. "Assistive device" does not include a transcutaneous electrical nerve stimulator, neuromuscular electrical stimulator, or dynamic range of motion splint, if the stimulator or splint is already covered by a warranty.

**Coverage period:** within the term of an express warranty applicable to a new assistive device

> Subd. 12.Reasonable attempt to repair. "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new assistive device: (1) the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers accepts return of the new assistive device for repair at least two times; or (2) the assistive device is out of service for an aggregate of at least 30 cumulative days because of warranty nonconformities.

**Repair attempts required:** the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers accepts return of the new assistive device for repair at least two times

> Subd. 12.Reasonable attempt to repair. "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new assistive device: (1) the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers accepts return of the new assistive device for repair at least two times; or (2) the assistive device is out of service for an aggregate of at least 30 cumulative days because of warranty nonconformities.

**Days out of service:** out of service for an aggregate of at least 30 cumulative days because of warranty nonconformities

> Subd. 12.Reasonable attempt to repair. "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new assistive device: (1) the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers accepts return of the new assistive device for repair at least two times; or (2) the assistive device is out of service for an aggregate of at least 30 cumulative days because of warranty nonconformities.

**Remedy:** To receive a comparable new assistive device, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new assistive device or a refund

> (b) To receive a comparable new assistive device, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new assistive device or a refund. When the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer.

**Citation:** Minn. Stat. 325G.203 to 325G.208

> Subd. 12.Reasonable attempt to repair. "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new assistive device: (1) the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers accepts return of the new assistive device for repair at least two times; or (2) the assistive device is out of service for an aggregate of at least 30 cumulative days because of warranty nonconformities.

Source: <https://www.revisor.mn.gov/statutes/cite/325G.203>

Also cited: <https://www.revisor.mn.gov/statutes/cite/325G.205>

Minnesota — Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds


**State:** Missouri

**Devices covered:** all assistive technology devices purchased or leased to assist in performing a major life activity. Such devices include, but are not limited to, motorized/manual wheelchairs, scooters, hearing aids, telecommunication devices, speech synthesizers, scanners and other devices which enable a person with a disability to communicate, see, hear or maneuver

> The Missouri Assistive Device Lemon Law provides an expressed one-year warranty protection on all assistive technology devices purchased or leased to assist in performing a major life activity. Such devices include, but are not limited to, motorized/manual wheelchairs, scooters, hearing aids, telecommunication devices, speech synthesizers, scanners and other devices which enable a person with a disability to communicate, see, hear or maneuver. The duration of the warranty must be no less than one year from the date of first delivery to the consumer. In the absence of a written warranty, the manufacturer is deemed to have given such a one-year warranty. The warranty covers both parts and labor.

**Coverage period:** The duration of the warranty must be no less than one year from the date of first delivery to the consumer

> The Missouri Assistive Device Lemon Law provides an expressed one-year warranty protection on all assistive technology devices purchased or leased to assist in performing a major life activity. Such devices include, but are not limited to, motorized/manual wheelchairs, scooters, hearing aids, telecommunication devices, speech synthesizers, scanners and other devices which enable a person with a disability to communicate, see, hear or maneuver. The duration of the warranty must be no less than one year from the date of first delivery to the consumer. In the absence of a written warranty, the manufacturer is deemed to have given such a one-year warranty. The warranty covers both parts and labor.

**Repair attempts required:** there have been four attempts by the manufacturer to repair the same defect and the problem continues

> A new assistive device can be considered a “lemon” when reasonable attempts to repair the device during the one year warranty period have been unsuccessful and meets the following requirements: there have been four attempts by the manufacturer to repair the same defect and the problem continues; or the device “down-time” is a total of 30 days during attempts to repair the same defect.

**Days out of service:** the device “down-time” is a total of 30 days during attempts to repair the same defect

> A new assistive device can be considered a “lemon” when reasonable attempts to repair the device during the one year warranty period have been unsuccessful and meets the following requirements: there have been four attempts by the manufacturer to repair the same defect and the problem continues; or the device “down-time” is a total of 30 days during attempts to repair the same defect.

> A new assistive device can be considered a “lemon” when reasonable attempts to repair the device during the one year warranty period have been unsuccessful and meets the following requirements: there have been four attempts by the manufacturer to repair the same defect and the problem continues; or the device “down-time” is a total of 30 days during attempts to repair the same defect.

Source: <https://at.mo.gov/missouri-assistive-device-lemon-law-consumer-guide/>

Missouri — Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds


**State:** New Jersey

**Devices covered:** all new and “demonstrator” wheelchairs, motorized scooters designed primarily for indoor use, and retrofit power units

> The law applies to all new and “demonstrator” wheelchairs, motorized scooters designed primarily for indoor use, and retrofit power units that motorize wheel- chairs.Thewheelchairorscootermustbeusedformedical reasons and have been purchased or leased in New Jersey.

**Coverage period:** The warranty must last at least one year

> The Wheelchair Lemon Law requires manufacturers to warranty against defects which substantially impair the use, value or safety of the chair or scooter. The warranty alsocoverspoweraccessoriesusedtooperatethewheelchair or scooter, as well as the wheelchair itself. The warranty must last at least one year.

**Repair attempts required:** three unsuccessful attempts at repairing the same problem

> After three unsuccessful attempts at repairing the same problem, or if the wheelchair or motorized scooter is out of service for twenty (20) cumulative days, you may be entitled to a replacement, refund, or early lease termination, minus a reasonable allowance for use.

**Days out of service:** out of service for twenty (20) cumulative days

> After three unsuccessful attempts at repairing the same problem, or if the wheelchair or motorized scooter is out of service for twenty (20) cumulative days, you may be entitled to a replacement, refund, or early lease termination, minus a reasonable allowance for use.

**Remedy:** you may be entitled to a replacement, refund, or early lease termination, minus a reasonable allowance for use

> After three unsuccessful attempts at repairing the same problem, or if the wheelchair or motorized scooter is out of service for twenty (20) cumulative days, you may be entitled to a replacement, refund, or early lease termination, minus a reasonable allowance for use.

> After three unsuccessful attempts at repairing the same problem, or if the wheelchair or motorized scooter is out of service for twenty (20) cumulative days, you may be entitled to a replacement, refund, or early lease termination, minus a reasonable allowance for use.

Source: <https://www.njconsumeraffairs.gov/News/Consumer%20Briefs/motorized-wheelchair-lemon-law.pdf>

New Jersey — Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds


**State:** New York

**Devices covered:** any wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state

> “Wheelchair” means any wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state.

**Coverage period:** The duration of the express warranty shall not be less than one year after first delivery of the wheelchair to the consumer

> 2. A manufacturer who sells a wheelchair to a consumer, either directly or through a wheelchair dealer, shall furnish the consumer with an express warranty for the wheelchair. The duration of the express warranty shall not be less than one year after first delivery of the wheelchair to the consumer. In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer of a wheelchair that, for a period of one year from the date of first delivery to the consumer, the wheelchair will be free from any condition or defect which substantially impairs the value of the wheelchair to the consumer.

**Repair attempts required:** any nonconformity within the warranty is either subject to repair by the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers, for at least three times and a nonconformity continues

> “Reasonable attempt to repair” means that, within the term of an express warranty applicable to a new wheelchair, any nonconformity within the warranty is either subject to repair by the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers, for at least three times and a nonconformity continues, or that the wheelchair is out of service for an aggregate of at least thirty days because of warranty nonconformity, after having been returned to the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers for repair.

**Days out of service:** out of service for an aggregate of at least thirty days because of warranty nonconformity, after having been returned to the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers for repair

> “Reasonable attempt to repair” means that, within the term of an express warranty applicable to a new wheelchair, any nonconformity within the warranty is either subject to repair by the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers, for at least three times and a nonconformity continues, or that the wheelchair is out of service for an aggregate of at least thirty days because of warranty nonconformity, after having been returned to the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers for repair.

**Remedy:** you are entitled to either a comparable new wheelchair or a refund or, if you are leasing a wheelchair, replacement of your wheelchair with a comparable new wheelchair or a refund of the full purchase price plus any finance charge and collateral costs, minus a reasonable allowance for use

> During the warranty period, if any condition or defect cannot be repaired after three attempts or if your wheelchair is out of service for a total of thirty days for repairs to any condition or defect which substantially impairs the use, value or safety of the wheelchair, you are entitled to either a comparable new wheelchair or a refund or, if you are leasing a wheelchair, replacement of your wheelchair with a comparable new wheelchair or a refund of the full purchase price plus any finance charge and collateral costs, minus a reasonable allowance for use.

**Citation:** N.Y. General Business Law 670

> “Reasonable attempt to repair” means that, within the term of an express warranty applicable to a new wheelchair, any nonconformity within the warranty is either subject to repair by the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers, for at least three times and a nonconformity continues, or that the wheelchair is out of service for an aggregate of at least thirty days because of warranty nonconformity, after having been returned to the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers for repair.

Source: <https://ag.ny.gov/publications/wheelchair-lemon-law-guide>

New York — Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds


**State:** Ohio

**Devices covered:** a product designed and intended to be used to increase, maintain, or improve the functional capabilities of an individual with a disability in seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, working, or self-care. "Assistive device" includes a wheelchair, motorized scooter, assistive listening device, voice synthesized computer module, optical scanner, talking software, braille printer, environmental control, adaptive transportation aid, communication board, or any device that has a function similar to that of any of the foregoing devices

> (A) "Assistive device" means a product designed and intended to be used to increase, maintain, or improve the functional capabilities of an individual with a disability in seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, working, or self-care. "Assistive device" includes a wheelchair, motorized scooter, assistive listening device, voice synthesized computer module, optical scanner, talking software, braille printer, environmental control, adaptive transportation aid, communication board, or any device that has a function similar to that of any of the foregoing devices. "Assistive device" does not include an invasive or noninvasive medical device that attempts to treat a medical condition or a hearing aid as defined in section 4747.01 of the Revised Code.

**Devices excluded:** an invasive or noninvasive medical device that attempts to treat a medical condition or a hearing aid as defined in section 4747.01 of the Revised Code

> (A) "Assistive device" means a product designed and intended to be used to increase, maintain, or improve the functional capabilities of an individual with a disability in seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, working, or self-care. "Assistive device" includes a wheelchair, motorized scooter, assistive listening device, voice synthesized computer module, optical scanner, talking software, braille printer, environmental control, adaptive transportation aid, communication board, or any device that has a function similar to that of any of the foregoing devices. "Assistive device" does not include an invasive or noninvasive medical device that attempts to treat a medical condition or a hearing aid as defined in section 4747.01 of the Revised Code.

**Minimum purchase price:** five hundred dollars or more

> (C) "Consumer transaction" means a sale, lease, or other transfer of an assistive device to a consumer for consideration of five hundred dollars or more.

**Coverage period:** The warranty shall be for a period of not less than one year from the day the consumer first possesses the assistive device

> (B) A manufacturer that enters into a consumer transaction, either directly or through a supplier, shall provide an express written warranty to the consumer covering the full cost of any repair of the assistive device, or the cost, as specified in section 1345.92 of the Revised Code, of the replacement of the assistive device, necessitated by a defect in the assistive device. The warranty shall also cover the consumer's collateral costs associated with repair or replacement. The warranty shall be for a period of not less than one year from the day the consumer first possesses the assistive device. The warranty document shall specify whether the consumer is to return the assistive device to the manufacturer or to the supplier to invoke the warranty. A manufacturer who fails to provide the warranty is deemed to have provided it.

**Repair attempts required:** unable to repair the defect in an assistive device despite three attempts to repair it

> (C) If the manufacturer or supplier is unable to repair the defect in an assistive device despite three attempts to repair it or the assistive device is in the possession of the manufacturer or supplier for a cumulative total of forty-five or more days, the manufacturer or supplier, at the consumer's option, shall do one of the following: (1)(a) If the assistive device was purchased, accept return of the device and refund to the consumer and to the holder of any perfected security interest in the assistive device, as their interest may appear, the full purchase price plus any finance charges and collateral costs, less a reasonable allowance for use;

**Days out of service:** the assistive device is in the possession of the manufacturer or supplier for a cumulative total of forty-five or more days

> (C) If the manufacturer or supplier is unable to repair the defect in an assistive device despite three attempts to repair it or the assistive device is in the possession of the manufacturer or supplier for a cumulative total of forty-five or more days, the manufacturer or supplier, at the consumer's option, shall do one of the following: (1)(a) If the assistive device was purchased, accept return of the device and refund to the consumer and to the holder of any perfected security interest in the assistive device, as their interest may appear, the full purchase price plus any finance charges and collateral costs, less a reasonable allowance for use;

**Remedy:** If the assistive device was purchased, accept return of the device and refund to the consumer and to the holder of any perfected security interest in the assistive device, as their interest may appear, the full purchase price plus any finance charges and collateral costs, less a reasonable allowance for use

> (C) If the manufacturer or supplier is unable to repair the defect in an assistive device despite three attempts to repair it or the assistive device is in the possession of the manufacturer or supplier for a cumulative total of forty-five or more days, the manufacturer or supplier, at the consumer's option, shall do one of the following: (1)(a) If the assistive device was purchased, accept return of the device and refund to the consumer and to the holder of any perfected security interest in the assistive device, as their interest may appear, the full purchase price plus any finance charges and collateral costs, less a reasonable allowance for use;

**Loaner required:** it shall lend the consumer a comparable assistive device for use during the repair period if either of the following applies: (1) The repair period exceeds twenty-one days, including the day the assistive device is tendered to the manufacturer or supplier for repair; (2) The defect is the same defect for which the assistive device was returned to the manufacturer or supplier for repair on three or more previous occasions

> (C) A manufacturer or supplier that receives an assistive device under the warranty required by this section that has a defect shall replace or attempt to repair the assistive device. If the manufacturer or supplier chooses to attempt to repair the assistive device, it shall lend the consumer a comparable assistive device for use during the repair period if either of the following applies: (1) The repair period exceeds twenty-one days, including the day the assistive device is tendered to the manufacturer or supplier for repair; (2) The defect is the same defect for which the assistive device was returned to the manufacturer or supplier for repair on three or more previous occasions.

**Citation:** Ohio Rev. Code 1345.90 to 1345.95

> (C) If the manufacturer or supplier is unable to repair the defect in an assistive device despite three attempts to repair it or the assistive device is in the possession of the manufacturer or supplier for a cumulative total of forty-five or more days, the manufacturer or supplier, at the consumer's option, shall do one of the following: (1)(a) If the assistive device was purchased, accept return of the device and refund to the consumer and to the holder of any perfected security interest in the assistive device, as their interest may appear, the full purchase price plus any finance charges and collateral costs, less a reasonable allowance for use;

Source: <https://codes.ohio.gov/ohio-revised-code/section-1345.92>

Also cited: <https://codes.ohio.gov/ohio-revised-code/section-1345.90>

Also cited: <https://codes.ohio.gov/ohio-revised-code/section-1345.91>

Ohio — Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds


**State:** Oregon

**Devices covered:** Wheelchairs and scooters of any kind, including other aids that enhance the mobility or positioning of an individual using a wheelchair or scooter of any kind, such as motorization, motorized positioning features and the switches and controls for any motorized features; and (b) Hearing aids as defined in ORS 694.015

> 646A.460 Definitions for ORS 646A.460 to 646A.476. As used in ORS 646A.460 to 646A.476: (1) “Assistive device” or “device” means: (a) Wheelchairs and scooters of any kind, including other aids that enhance the mobility or positioning of an individual using a wheelchair or scooter of any kind, such as motorization, motorized positioning features and the switches and controls for any motorized features; and (b) Hearing aids as defined in ORS 694.015.

**Coverage period:** The duration of the warranty shall be not less than one year from the date of first delivery of the assistive device to the consumer

> 646A.462 Express warranty; duration. (1) A manufacturer who sells or leases an assistive device, including a demonstrator, to a consumer, either directly or through a dealer, shall furnish, at a minimum, an express warranty that the device shall be free from any nonconformity. The manufacturer shall set forth the warranty fully in readily understood language and shall clearly identify the party making the warranty, the rights that the warranty gives the consumer and how the consumer can exercise the rights. (2) If the manufacturer does not furnish the express warranty described in subsection (1) of this section, the manufacturer shall be considered to have provided an express warranty that the device shall be free from any nonconformity. (3) The duration of the warranty shall be not less than one year from the date of first delivery of the assistive device to the consumer.

**Repair attempts required:** The same nonconformity is subject to repair at least two times by the manufacturer or any authorized dealer and the nonconformity continues

> (16) “Reasonable attempt to repair” means, within the terms of an express warranty applicable to an assistive device: (a) The same nonconformity is subject to repair at least two times by the manufacturer or any authorized dealer and the nonconformity continues; or (b) The assistive device is out of service, by reason of repair or correction, for an aggregate of at least 30 days after notification to the manufacturer or any authorized dealer because of the nonconformity.

**Days out of service:** out of service, by reason of repair or correction, for an aggregate of at least 30 days after notification to the manufacturer or any authorized dealer because of the nonconformity

> (16) “Reasonable attempt to repair” means, within the terms of an express warranty applicable to an assistive device: (a) The same nonconformity is subject to repair at least two times by the manufacturer or any authorized dealer and the nonconformity continues; or (b) The assistive device is out of service, by reason of repair or correction, for an aggregate of at least 30 days after notification to the manufacturer or any authorized dealer because of the nonconformity.

**Remedy:** the manufacturer shall, after a reasonable attempt to repair the device or demonstrator, at the option of the consumer: (1) In the case of a sale, refund to the consumer and to any holder of a perfected security interest as their interest may appear, the full purchase price plus any finance charge or sales tax paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use

> 646A.466 Replacement or refund after attempt to repair. If a nonconformity develops in a new assistive device or demonstrator, the manufacturer shall, after a reasonable attempt to repair the device or demonstrator, at the option of the consumer: (1) In the case of a sale, refund to the consumer and to any holder of a perfected security interest as their interest may appear, the full purchase price plus any finance charge or sales tax paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use; (2) In the case of a lease, refund to the dealer and to any other holder of a perfected security interest, as their interest may appear, the current value of the lease and refund to the consumer the amount that the consumer paid under the lease plus any collateral costs, less a reasonable allowance for use; or (3) Provide a conforming replacement.

**Loaner required:** A person required to repair an assistive device under this section shall provide the consumer a loaner if the absence of a loaner would be a threat to the safety of the user or if the assistive device is out of service for more than seven calendar days

> (5)(a) A person required to repair an assistive device under this section shall provide the consumer a loaner if the absence of a loaner would be a threat to the safety of the user or if the assistive device is out of service for more than seven calendar days.

**Citation:** ORS 646A.460 to 646A.476

> (16) “Reasonable attempt to repair” means, within the terms of an express warranty applicable to an assistive device: (a) The same nonconformity is subject to repair at least two times by the manufacturer or any authorized dealer and the nonconformity continues; or (b) The assistive device is out of service, by reason of repair or correction, for an aggregate of at least 30 days after notification to the manufacturer or any authorized dealer because of the nonconformity.

Source: <https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html>

Oregon — Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds


**State:** Wisconsin

**Devices covered:** new three- or four- wheel scooters for use by people with disabilities and to new motorized wheelchairs that were purchased on or after November 1, 1992

> What equipment is covered? The law applies to new three- or four- wheel scooters for use by people with disabilities and to new motorized wheelchairs that were purchased on or after November 1, 1992. All motorized wheelchairs and scooters purchased after that date must be covered by a one year express warranty, effective from the day the consumer receives the product. If the manufacturer does not offer the warranty, the chair or scooter is still considered by law to be covered by a one year express warranty.

**Coverage period:** within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner

> 134.87(1)(k) (k) “Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner: 134.87(1)(k)1. 1. The same nonconformity with the warranty is subject to repair by the manufacturer, motorized wheelchair lessor or any of the manufacturer’s authorized motorized wheelchair dealers at least 4 times and the nonconformity continues. 134.87(1)(k)2. 2. The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities.

**Repair attempts required:** subject to repair by the manufacturer, motorized wheelchair lessor or any of the manufacturer’s authorized motorized wheelchair dealers at least 4 times and the nonconformity continues

> 134.87(1)(k) (k) “Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner: 134.87(1)(k)1. 1. The same nonconformity with the warranty is subject to repair by the manufacturer, motorized wheelchair lessor or any of the manufacturer’s authorized motorized wheelchair dealers at least 4 times and the nonconformity continues. 134.87(1)(k)2. 2. The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities.

**Days out of service:** out of service for an aggregate of at least 30 days because of warranty nonconformities

> 134.87(1)(k) (k) “Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner: 134.87(1)(k)1. 1. The same nonconformity with the warranty is subject to repair by the manufacturer, motorized wheelchair lessor or any of the manufacturer’s authorized motorized wheelchair dealers at least 4 times and the nonconformity continues. 134.87(1)(k)2. 2. The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities.

**Remedy:** the law entitles you to choose either a comparable new replacement or a refund

> What are the remedies? If you have purchased or leased a wheelchair or scooter that meets the definition of a "lemon," the law entitles you to choose either a comparable new replacement or a refund. If you choose a replacement, you are also entitled to receive collateral costs, which are defined under the law as expenses incurred by the consumer in connection with the repair of a defect, including the costs of obtaining an alternative wheelchair or other assistive device for mobility. If you decide to get a refund, you are entitled to the full purchase price, including any other charges paid at the time of sale, and all costs associated with the repair of the defect, minus an amount based on your use of the chair or scooter. The remedies are similar under a lease agreement.

**Citation:** Wis. Stat. 134.87

> 134.87(1)(k) (k) “Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner: 134.87(1)(k)1. 1. The same nonconformity with the warranty is subject to repair by the manufacturer, motorized wheelchair lessor or any of the manufacturer’s authorized motorized wheelchair dealers at least 4 times and the nonconformity continues. 134.87(1)(k)2. 2. The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities.

Source: <https://docs.legis.wisconsin.gov/statutes/statutes/134/87>

Also cited: <https://www.dhs.wisconsin.gov/disabilities/physical/lemonlaw.htm>

Wisconsin — Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds