Ohio State Statutes
Sections 1345.71 - 1345.77
Nonconforming New Motor Vehicles
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
(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
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
(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
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
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