Ohio
Lemon Law Statutes
Sections 1345.71 to 1345.78 of the
Revised Code
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Section 1345.71
Definitions.
As used in sections 1345.71 to 1345.78
of the Revised Code:
(A) "Consumer"
means any of the following:
(1) The purchaser, other than for
purposes of resale, of a motor vehicle;
(2) Any lessee of a motor vehicle
in a contractual arrangement under
which a charge is made for the use
of the vehicle at a periodic rate
for a term of thirty days or more,
and title to the vehicle is in the
name of a person other than the
user;
(3) Any person
to whom the motor vehicle is transferred
during the duration of the express
warranty that is applicable to the
motor vehicle;
(4) Any other person
who is entitled by the terms of
the warranty to enforce the warranty.
(B) "Manufacturer"
and "distributor" have
the same meanings as in section
4517.01 of the Revised Code, and
manufacturer includes a remanufacturer
as defined in that section.
(C) "Express
warranty" and "warranty"
mean the written warranty of the
manufacturer or distributor of a
new motor vehicle concerning the
condition and fitness for use of
the vehicle, including any terms
or conditions precedent to the enforcement
of obligations under that warranty.
(D) "Motor
vehicle" means any passenger
car or noncommercial motor vehicle
as defined in section 4501.01 of
the Revised Code, or those parts
of any motor home, as defined in
section 4501.01 of the Revised Code,
that are not part of the permanently
installed facilities for cold storage,
cooking and consuming of food, and
for sleeping, but does not mean
any mobile home as defined in division
(O) of section 4501.01 of the Revised
Code, recreational vehicle as defined
in division (Q) of that section,
or manufactured home as defined
in division (C)(4) of section 3781.06
of the Revised Code.
(E) "Nonconformity"
means any defect or condition which
substantially impairs the use, value,
or safety of a motor vehicle and
does not conform to the express
warranty of the manufacturer or
distributor.
(F) "Full
purchase price" means both
of the following:
(1) In the case of a sale, the contract
price for the motor vehicle, including
charges for transportation,undercoating,
dealer-installed options and accessories,
dealer services, dealer preparation,
and delivery charges; all finance,
credit insurance, warranty, and
service contract charges incurred
by the consumer; and all sales tax,
license and registration fees, and
other government charges.
(2) In the case of a lease, the
capitalized cost reduction, security
deposit, taxes, title fees, all
monthly lease payments, the residual
value of the vehicle, and all finance,
credit insurance, warranty, and
service contract charges incurred
by the consumer.
(G) "Buyback"
means a motor vehicle that has been
replaced or repurchased by a manufacturer
as the result of a court judgment,
a determination of an informal dispute
settlement mechanism, or a settlement
agreed to by a consumer regardless
of whether it is in the context
of a court, an informal dispute
settlement mechanism, or otherwise,
in this or any other state, in which
the consumer has asserted that the
motor vehicle does not conform to
the warranty, has presented documentation
to establish that a nonconformity
exists pursuant to section 1345.72
or 1345.73 of the Revised Code,
and has requested replacement or
repurchase of the vehicle.
(H) "Mobile
home," "motor home,"
"noncommercial motor vehicle,"
"passenger car," and "recreational
vehicle" have the same meanings
as in section 4501.01 of the Revised
Code.
HISTORY: 142 v
H 232 (Eff 10-22-87); 147 v S 142
(Eff 3-30-99); 148 v H 21. Eff 9-15-99.
Section 1345.72
Duty to repair nonconforming new
motor vehicles; consumer's options
when repairs unsuccessful.
(A) If a new motor
vehicle does not conform to any
applicable express warranty and
the consumer reports the nonconformity
to the manufacturer, its agent,
or its authorized dealer during
the period of one year following
the date of original delivery or
during the first eighteen thousand
miles of operation, whichever is
earlier, the manufacturer, its agent,
or its authorized dealer shall make
any repairs as are necessary to
conform the vehicle to such express
warranty, notwithstanding the fact
that the repairs are made after
the expiration of the appropriate
time period.
(B) If the manufacturer,
its agent, or its authorized dealer
is unable to conform the motor vehicle
to any applicable express warranty
by repairing or correcting any defect
or condition that substantially
impairs the use, safety, or value
of the motor vehicle to the consumer
after a reasonable number of repair
attempts, the manufacturer shall,
at the consumer's option, and subject
to division (D) of this section
replace the motor vehicle with a
new motor vehicle acceptable to
the consumer or accept return of
the vehicle from the consumer and
refund each of the following:
(1) The full purchase
price;
(2) All incidental
damages, including, but not limited
to, any fees charged by the lender
or lessor for making or canceling
the loan or lease, and any expenses
incurred by the consumer as a result
of the nonconformity, such as charges
for towing, vehicle rental, meals,
and lodging.
(C) Nothing in this section imposes
any liability on a new motor vehicle
dealer or creates a cause of action
by a buyer against a new motor vehicle
dealer.
(D) Sections 1345.71
to 1345.78 of the Revised Code do
not affect the obligation of a consumer
under a loan or retail installment
sales contract or the interest of
any secured party, except as follows:
(1) If the consumer
elects to take a refund, the manufacturer
shall forward the total sum required
under division (B) of this section
by an instrument jointly payable
to the consumer and any lienholder
that appears on the face of the
certificate of title or the lessor.
Prior to disbursing the funds to
the consumer, the lienholder or
lessor may deduct the balance owing
to it, including any fees charged
for canceling the loan or the lease
and refunded pursuant to division
(B) of this section, and shall immediately
remit the balance if any, to the
consumer and cancel the lien or
the lease.
(2) If the consumer
elects to take a new motor vehicle,
the manufacturer shall notify any
lienholder noted on the certificate
of title under section 4505.13 of
the Revised Code or the lessor.
If both the lienholder or the lessor
and the consumer consent to finance
or lease the new motor vehicle obtained
through the exchange in division
(B) of this section, the lienholder
or the lessor shall release the
lien on or surrender the title to
the nonconforming motor vehicle
after it has obtained a lien on
or title to the new motor vehicle.
If the existing lienholder or lessor
does not finance or lease the new
motor vehicle, it has no obligation
to discharge the note or cancel
the lien on or surrender the title
to the nonconforming motor vehicle
until the original indebtedness
or the lease terms are satisfied.
HISTORY: 142 v
H 232 (Eff 10-22-87); 148 v H 21.
Eff 9-15-99.
Section 1345.73
Presumption of reasonable number
of attempts to repair.
It shall be presumed
that a reasonable number of attempts
have been undertaken by the manufacturer,
its dealer, or its authorized agent
to conform a motor vehicle to any
applicable express warranty if,
during the period of one year following
the date of original delivery or
during the first eighteen thousand
miles of operation, whichever is
earlier, any of the following apply:
(A) Substantially
the same nonconformity has been
subject to repair three or more
times and continues to exist or
recurs;
(B) The vehicle
is out of service by reason of repair
for a cumulative total of thirty
or more calendar days;
(C) There have
been eight or more attempts to repair
any nonconformity;
(D) There has been
at least one attempt to repair a
nonconformity that results in a
condition that is likely to cause
death or serious bodily injury if
the vehicle is driven, and the nonconformity
either continues to exist or recurs.
HISTORY: 142 v
H 232 (Eff 10-22-87); 148 v H 21.
Eff 9-15-99.
Section 1345.74
Written statements of consumer's
rights and of work performed
(A) At the time
of purchase, the manufacturer, either
directly or through its agent or
its authorized dealer, shall provide
to the consumer a written statement
on a separate piece of paper, in
ten-point type, all capital letters,
in substantially the following form:
IMPORTANT: IF THIS VEHICLE IS DEFECTIVE,
YOU MAY BE ENTITLED UNDER STATE
LAW TO A REPLACEMENT OR TO COMPENSATION.
In the case of
a leased motor vehicle, the written
statement described in this division
shall be provided to the consumer
by the manufacturer, either directly
or through the lessor, at the time
of execution of the lease agreement.
(B) The manufacturer
or authorized dealer shall provide
to the consumer, each time the motor
vehicle of the consumer is returned
from being serviced or repaired,
a fully itemized written statement
indicating all work performed on
the vehicle, including, but not
limited to, parts and labor as described
in the rules adopted pursuant to
section 1345.77 of the Revised Code.
HISTORY: 142 v
H 232 (Eff 10-22-87); 148 v H 21.
Eff 9-15-99.
Section 1345.75
Civil action for loss due to noncompliance.
(A) Any consumer
may bring a civil action in a court
of common pleas or other court of
competent jurisdiction against any
manufacturer if the manufacturer
fails to comply with section 1345.72
of the Revised Code and, in addition
to the relief to which the consumer
is entitled under that section,
shall be entitled to recover reasonable
attorney's fees and all court costs.
(B) The remedies
in sections 1345.71 to 1345.78 of
the Revised Code are in addition
to remedies otherwise available
to consumers under law.
(C) Any action
brought under division (A) of this
section shall be commenced within
five years of the date of original
delivery of the motor vehicle. Any
period of limitation of actions
under any federal or Ohio laws with
respect to any consumer shall be
tolled for the period that begins
on the date that a complaint is
filed with an informal dispute resolution
mechanism established pursuant to
section 1345.77 of the Revised Code
and ends on the date of the decision
by the informal dispute resolution
mechanism.
(D) It is an affirmative
defense to any claim under this
section that a nonconformity is
the result of abuse, neglect, or
the unauthorized modification or
alteration of a motor vehicle by
anyone other than the manufacturer,
its agent, or its authorized dealer.
HISTORY: 142 v
H 232 (Eff 10-22-87); 148 v H 21.
Eff 9-15-99.
Section 1345.76
Conditions for resale or lease of
buyback.
(A) A buyback may
not be resold or leased in this
state unless each of the following
applies:
(1) The manufacturer provides the
same express warranty that was provided
to the original consumer, except
that the term of the warranty shall
be the greater of either of the
following:
(a) Twelve thousand
miles or twelve months after the
date of resale, whichever is earlier;
(b) The remaining term of any manufacturer's
original warranty.
(2) The manufacturer provides to
the consumer, either directly or
through its agent or its authorized
dealer, and prior to obtaining the
signature of the consumer on any
document, a written statement on
a separate piece of paper, in ten-point
type, all capital letters, in substantially
the following form: WARNING: THIS
VEHICLE PREVIOUSLY WAS SOLD AS NEW.
IT WAS RETURNED TO THE MANUFACTURER
OR ITS AGENT IN EXCHANGE FOR A REPLACEMENT
VEHICLE OR REFUND AS A RESULT OF
THE FOLLOWING DEFECT(S) OR CONDITION(S):
1. ...........................................................................................................................................
2. ...........................................................................................................................................
3. ...........................................................................................................................................
4. ...........................................................................................................................................
5. ...........................................................................................................................................
...................... ...............................................
DATE BUYER'S SIGNATURE
The manufacturer
shall list each defect or condition
on a separate line of the written
statement provided to the consumer.
(B) Notwithstanding
the provisions of division (A) of
this section, if a new motor vehicle
has been returned under the provisions
of section 1345.72 of the Revised
Code or a similar law of another
state because of a nonconformity
likely to cause death or serious
bodily injury if the vehicle is
driven, the motor vehicle may not
be sold, leased, or operated in
this state.
(C) A manufacturer
that takes possession of a buyback
shall obtain the certificate of
title for the buyback from the consumer,
lienholder, or the lessor. The manufacturer
and any subsequent transferee, within
thirty days and prior to transferring
title to the buyback, shall deliver
the certificate of title to the
clerk of the court of common pleas
and shall make application for a
certificate of title for the buyback.
The clerk shall issue a buyback
certificate of title for the vehicle
on a form, prescribed by the registrar
of motor vehicles, that bears or
is stamped on its face with the
words "BUYBACK: This vehicle
was returned to the manufacturer
because it may not have conformed
to its warranty." in * black
boldface letters in an appropriate
location as determined by the registrar.
The buyback certificate of title
shall be assigned upon transfer
of the buyback, for use as evidence
of ownership of the buyback and
is transferable to any person. Every
subsequent certificate of title,
memorandum certificate of title,
or duplicate copy of a certificate
of title or memorandum certificate
of title issued for the buyback
also shall bear or be stamped on
its face with the words "BUYBACK:
This vehicle was returned to the
manufacturer because it may not
have conformed to its warranty."
in * black boldface letters in the
appropriate location.
The clerk of the
court of common pleas shall charge
a fee of five dollars for each buyback
certificate of title, duplicate
copy of a buyback certificate of
title, memorandum buyback certificate
of title, and notation of any lien
on a buyback certificate of title.
The clerk shall retain two dollars
and twenty-five cents of the fee
charged for each buyback certificate
of title, four dollars and seventy-five
cents of the fee charged for each
duplicate copy of a buyback certificate
of title, all of the fees charged
for each memorandum buyback certificate
of title, and four dollars and twenty-five
cents of the fee charged for each
notation of a lien.
The remaining two
dollars and seventy-five cents charged
for the buyback certificate of title,
the remaining twenty-five cents
charged for the duplicate copy of
a buyback certificate of title,
and the remaining seventy-five cents
charged for the notation of any
lien on a buyback certificate of
title shall be paid to the registrar
in accordance with division (A)
of section 4505.09 of the Revised
Code, who shall deposit it as required
by division (B) of that section.
(D) No manufacturer
that applies for a certificate of
title for a buyback shall fail to
clearly and unequivocally inform
the clerk of the court of common
pleas to whom application for a
buyback certificate of title for
the motor vehicle is submitted that
the motor vehicle for which application
for a buyback certificate of title
is being made is a buyback and that
the manufacturer, its agent, or
its authorized dealer is applying
for a buyback certificate of title
for the motor vehicle and not a
certificate of title.
HISTORY: 142 v
H 232 (Eff 10-22-87); 148 v H 21.
Eff 9-15-99.
Section 1345.77
Rules for informal dispute resolution
mechanism.
(A) The attorney
general shall adopt rules for the
establishment and qualification
of an informal dispute resolution
mechanism to provide for the resolution
of warranty disputes between the
consumer and the manufacturer, its
agent, or its authorized dealer.
The mechanism shall be under the
supervision of the division of consumer
protection of the office of the
attorney general and shall meet
or exceed the minimum requirements
for an informal dispute resolution
mechanism as provided by the "Magnuson-Moss
Warranty Federal Trade Commission
Improvement Act," 88 Stat.
2183, 15 U.S.C. 2301, and regulations
adopted thereunder.
(B) If a qualified
informal dispute resolution mechanism
exists and the consumer receives
timely notification, in writing,
of the availability of the mechanism
with a description of its operation
and effect, the cause of action
under section 1345.75 of the Revised
Code may not be asserted by the
consumer until after the consumer
has initially resorted to the informal
dispute resolution mechanism. If
such a mechanism does not exist,
if the consumer is dissatisfied
with the decision produced by the
mechanism, or if the manufacturer,
its agent, or its authorized dealer
fails to promptly fulfill the terms
determined by the mechanism, the
consumer may assert a cause of action
under section 1345.75 of the Revised
Code.
(C) Any violation
of a rule adopted pursuant to division
(A) of this section is an unfair
and deceptive act or practice as
defined by section 1345.02 of the
Revised Code.
HISTORY: 142 v
H 232. Eff 10-22-87.
Section 1345.78
Violations concerning buybacks.
(A) Failure to
comply with section 1345.76 of the
Revised Code, in connection with
a consumer transaction as defined
in division (A) of section 1345.01
of the Revised Code, is an unfair
and deceptive act or practice in
violation of division (A) of section
1345.02 of the Revised Code.
(B) The attorney
general shall investigate any alleged
violation of division (D) of section
1345.76 of the Revised Code and,
in an appropriate case, may bring
an appropriate action in a court
of competent jurisdiction, charging
a manufacturer with a violation
of that division.
HISTORY: 148 v
H 21. Eff 9-15-99.
