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Ohio
Lemon Law
Ohio
Revised Code, 1345.71 to 1345.77
1345.71
Definitions.
As
used in sections 1345.71 to 1345.77 of the
Revised Code:
(A)
"Consumer" means the purchaser,
other than for purposes of resale, of a motor
vehicle, any person to whom the motor vehicle
is transferred during the duration of the
express warranty that is applicable to the
motor vehicle, and 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
re-manufacturer 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 the
contract price for the motor vehicle,
including charges for transportation,
dealer-installed accessories, dealer
services, dealer preparation and delivery and
collateral charges; all finance, credit
insurance, warranty and service contract
charges incurred by the buyer; and all sales
tax, license and registration fees, and other
government charges.
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 including, but not
limited to, charges for undercoating,
transportation, and installed options;
(2)
All collateral charges, including but not
limited to, sales tax, license and
registration fees, and similar government
charges;
(3)
All finance charges incurred by the consumer;
(4)
All incidental damages, including any
reasonable fees charged by the lender for
making or canceling the loan.
(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 1345.77 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 lien holder that appears on
the face of the certificate of title. Prior
to disbursing the funds to the consumer, the
lien holder may deduct the balance owing to
it, including any reasonable fees charged for
canceling the loan and refunded pursuant to
division (B) of this section, and shall
immediately remit the balance if any, to the
consumer and cancel the lien.
(2)
If the consumer elects to take a new motor
vehicle, the manufacturer shall notify any
lien holder noted on the certificate of title
under section 4505.13 of the Revised Code. If
both the lien holder and the consumer consent
to finance the new motor vehicle obtained
through the exchange in division (B) of this
section, the lien holder shall release the
lien on the nonconforming motor vehicle after
it has obtained a lien on the new motor
vehicle. If the existing lien holder does not
finance the new motor vehicle, it has no
obligation to discharge the note or cancel
the lien on the nonconforming motor vehicle
until the original indebtedness is 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
continues to exist;
(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 that substantially
impairs the use and value of the motor
vehicle to the consumer;
(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 continues to exist.
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.
(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 purchaser of a new motor vehicle who
suffers any loss due to nonconformity of the
motor vehicle as a result of failure by the
manufacturer, its agent, or its authorized
dealer to comply with section 1345.72 of the
Revised Code, may bring a civil action in a
court of common pleas or other court of
competent jurisdiction and, in addition to
other relief, shall be entitled to recover
reasonable attorney's fees and all court
costs.
(B)
The remedies in sections 1345.71 to 1345.77
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 two years
of the expiration of the express warranty
term. 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 of returned vehicle.
(A)
If a motor vehicle has been returned under
the provisions of sections 1345.71 to 1345.77
of the Revised Code or a similar law of
another state, whether as a result of legal
action or of an informal dispute settlement
proceeding, the vehicle may not be resold in
this state unless each of the following
applies:
(1)
The manufacturer provides the same express
warranty that was provided to the original
purchaser, except that the term of the
warranty shall be only for twelve thousand
miles or twelve months after the date of
resale, whichever is earlier;
(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:
IMPORTANT:
THIS VEHICLE WAS RETURNED TO THE MANUFACTURER
BECAUSE IT DID NOT CONFORM TO THE
MANUFACTURER'S EXPRESS WARRANTY AND THE
NONCONFORMITY WAS NOT CURED WITHIN A
REASONABLE AMOUNT OF TIME AS PROVIDED BY OHIO
LAW.
(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 in
this state.
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
there under.
(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.
source:
Center for Auto Safety http://www.autosafety.org/
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