used in sections 1345.71 to 1345.77 of the Revised Code:
"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
"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
"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.
"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.
"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.
"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.
Duty to repair nonconforming new motor vehicles.
options when repairs unsuccessful.
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
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:
The full purchase price including, but not limited to, charges
for undercoating, transportation, and installed options;
All collateral charges, including but not limited to, sales tax,
license and registration fees, and similar government charges;
All finance charges incurred by the consumer;
All incidental damages, including any reasonable fees charged by
the lender for making or canceling the loan.
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.
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
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.
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.
Presumption of reasonable number of attempts to repair.
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:
Substantially the same nonconformity has been subject to repair
three or more times and continues to exist;
The vehicle is out of service by reason of repair for a
cumulative total of thirty or more calendar days;
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;
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.
Written statements of consumer's rights and of work performed.
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
IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE
LAW TO A REPLACEMENT OR TO COMPENSATION.
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
Civil action for loss due to noncompliance.
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.
The remedies in sections 1345.71 to 1345.77 of the Revised Code
are in addition to remedies otherwise available to consumers
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
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
Conditions for resale of returned vehicle.
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:
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;
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:
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.
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.
Rules for informal dispute resolution mechanism.
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.
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.
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.