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Revised Code, 1345.71 to 1345.77
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
(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
(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 or those parts of any motor home 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 or recreational vehicle, or any manufactured home
as defined in section 3781.06 of the Revised Code.
(E) "Nonconformity" means any defect or condition that
substantially impairs the use, value, or safety of a motor vehicle
to the consumer 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
(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,
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.
1345.72 Duty to repair nonconforming new motor vehicles; consumer'soptions
when repairs unsuccessful.
(A) If a new motor vehicle does not conform to any applicable
expresswarranty and the consumer reports the nonconformity to
the manufacturer,its agent, or its authorized dealer during the
period of one yearfollowing the date of original delivery or during
the first eighteenthousand miles of operation, whichever is earlier,
the manufacturer, itsagent, or its authorized dealer shall make
any repairs as are necessaryto conform the vehicle to such express
warranty, notwithstanding the factthat the repairs are made after
the expiration of the appropriate time period.
If the manufacturer, its agent, or its authorized dealer is unableto
conform the motor vehicle to any applicable express warranty byrepairing
or correcting any nonconformity after a reasonable number ofrepair
attempts, the manufacturer, at the consumer's option and subject
to division (D) of this section, either shall replace the motor
vehiclewith a new motor vehicle acceptable to the consumer or
shall acceptreturn of the vehicle from the consumer and refund
each of the following:
(1) The full purchase price;
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.
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
(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
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.
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 orsurrender 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.
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 either 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.
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.
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
(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.
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
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[fn*]
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[fn*] 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
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
So in enrolled bill, division (C).
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.
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.
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