The Ohio Lemon Law Statute
This is the actual language of the Ohio Lemon Law.
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Lemon Law Statute
(After September 15, 1999)
Sections 1345.71 thru 1345.77 of the Revised Code
As used in sections 1345.71 to 1345.77 of the Revised
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
(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
(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.
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
(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 judgement, 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 in section 4501.01 of the Revised Code.
(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 nonconformity after a reasonable number of repair attempts,
the manufacturer, at the consumer's option and subject to
(D) of this section, either shall
replace the motor vehicle with a new motor vehicle acceptable
to the consumer or shall 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.
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
(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.
(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.
(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.
(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):
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 it's 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 issued for the buyback also shall bear
or be stamped on it's face with the words "BUYBACK: This
vehicle was returned to the manufacturer because it may not have
conformed to its warranty." In black boldfaced 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
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 section4505.09 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 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.
(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.A. 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.
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