Ohio § 1345.76

§ 1345.76.

(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): 1. 2. 3. 4. 5. ________________________________________ DATEBUYER'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 its 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 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

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 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 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

of title.