Ohio Revised Code Search
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Section 4517.262 | Dealer liability for third-party motor vehicle history reports.
...(A) As used in this section: (1) "Motor vehicle dealer" includes any owner, partner, shareholder, officer, member, trustee, employee, or agent of the motor vehicle dealership. (2) "Third-party motor vehicle history report" means any formal or informal report prepared by a person other than a motor vehicle dealer that relates to one or more of the following: (a) A motor vehicle's current ownership or a motor veh... |
Section 4517.30 | Motor vehicle dealers board.
...The motor vehicle dealers board shall consist of eleven members. The registrar of motor vehicles or the registrar's designee shall be a member of the board, and the other ten members shall be appointed by the governor with the advice and consent of the senate. Not more than five of the ten members other than the registrar shall be of any one political party, and of the ten: (A) Three shall represent the publi... |
Section 4517.31 | Board to be part of department of public safety.
...The motor vehicle dealers board shall be a part of the department of public safety for administrative purposes in the following respects: (A) The registrar of motor vehicles shall be ex officio secretary and executive officer of the board, but he may designate any employee of the bureau of motor vehicles as acting secretary to perform the duties and exercise the powers of the secretary of the board. (B) All clerica... |
Section 4517.32 | Powers and duties of board.
...Subject to sections 119.01 to 119.12 and section 4517.35 of the Revised Code, the motor vehicle dealers board may make such reasonable rules as are necessary to carry out and effect its duties under this chapter, including such rules as are necessary relating to the time, place, and manner of conducting hearings on the issuance, suspension, or revocation of licenses, and on protests filed under sections 4517.50, 4517... |
Section 4517.34 | Assistance by officials.
...The attorney general and the prosecuting attorneys of the several counties shall assist the registrar of motor vehicles upon his request, and shall assist the motor vehicle dealers board, upon its request, in enforcing sections 4517.01 to 4517.65 of the Revised Code, and in prosecuting and defending preceedings under such sections. |
Section 4517.35 | Motor vehicle dealers board electronic meetings.
...(A) Members of the motor vehicle dealers board may hold and attend meetings and may conduct and attend hearings by means of teleconference, video conference, or any other similar electronic technology, and all of the following apply: (1) Any decision, resolution, rule, or formal action of any kind has the same effect as if it occurred during an open meeting or hearing of the board in which members are present in p... |
Section 4517.40 | Restricting retail installment contract sales.
...(A) No person who is engaged in or about to engage in the business of selling motor vehicles at retail shall enter into any contract, agreement, or understanding, express or implied, with any manufacturer or distributor of motor vehicles, that the person will sell only to a designated person or class of persons all or any part of the retail installment contracts arising out of the sale by the person of motor vehicl... |
Section 4517.41 | Coercing restriction of retail installment contract sales.
...(A) No manufacturer or distributor of motor vehicles, or the officer, agent, or representative of such manufacturer or distributor, shall induce or coerce, or attempt to induce or coerce, any retail motor vehicle dealer or prospective retail motor vehicle dealer to sell or refuse to sell all or any portion of the dealer's or prospective dealer's retail installment contracts to any person or class of persons designat... |
Section 4517.42 | Circumstances prohibiting purchase of retail installment contract.
...(A) No person engaged in the business of buying retail installment contracts from motor vehicle dealers in this state, and no officer, agent, or representative of such person, shall purchase or attempt to purchase any such retail installment contract from any motor vehicle dealer in this state in the following circumstances: (1) When the dealer in consequence of any contract, agreement, or arrangement between such p... |
Section 4517.43 | Confidentiality of applications.
...(A) The applications for licenses and the copies of contracts required by sections 4517.04, 4517.05, 4517.051, 4517.06, 4517.07, and 4517.08 of the Revised Code are not part of the public records but are confidential information for the use of the registrar of motor vehicles and the motor vehicle dealers board. No person shall divulge any information contained in such applications and acquired by the person in the pe... |
Section 4517.44 | Record maintenance.
...(A) No manufacturer or distributor of motor vehicles, dealer in motor vehicles, nor any owner, proprietor, person in control, or keeper of any garage, stable, shop, or other place of business, shall fail to keep or cause to be kept any record required by law. (B) Whoever violates this section is guilty of a minor misdemeanor. |
Section 4517.45 | Damage to body or trim of vehicle by dealer affixing placard or tag.
...(A) No dealer licensed to sell motor vehicles at retail in this state under Chapter 4517. of the Revised Code shall attach to any motor vehicle offered for sale by the dealer any tag or placard bearing the dealer's name, or the name of the dealer's place of business, whenever the method of attachment involves drilling or otherwise creating holes in any part of the body or trim of the vehicle, unless the purchaser ... |
Section 4517.49 | Excepting manufactured homes.
...Nothing in sections 4517.50 to 4517.65 of the Revised Code shall be construed to apply to manufacturers or dealers of manufactured homes as defined in and manufactured pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," 94 Stat. 1641, 42 U.S.C.A. 5401, as amended. |
Section 4517.50 | Notice of establishment of new dealer or relocation.
...(A) Except as provided in division (C) of this section, when a franchisor seeks to enter into a franchise to establish an additional new motor vehicle dealer in, or relocate an existing new motor vehicle dealer at a location in, a relevant market area where the same line-make of motor vehicle is then represented, the franchisor shall first give notice in writing, by certified mail, to the motor vehicle dealers board ... |
Section 4517.51 | Determination of good cause for establishment of new dealer or relocation.
...l include the adequacy of motor vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified sales and service personnel; (2) Providing adequate market penetration and representation. (D) Whether the franchisor has complied with the requirements of this chapter. |
Section 4517.52 | Fulfillment and compensation for warranty and recall obligations.
...etermining the franchisee's total labor sales from the service repair orders submitted under division (B)(1) of this section and dividing that amount by the total number of labor hours that generated those sales. (3) The franchisee calculates its retail parts markup percentage by determining the franchisee's total parts sales from the service repair orders submitted under division (B)(1) of this section and dividin... |
Section 4517.53 | Written delivery and preparation obligations of franchisees.
...(A) Each franchisor shall specify to its franchisees in writing the delivery and preparation obligations of the franchisees prior to the delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations, which shall constitute the franchisee's only responsibility for product liability between the franchisee and the franchisor, and a schedule of compensation to be paid franchisees for... |
Section 4517.54 | Notice of intent to terminate or discontinue.
...(A) Notwithstanding the terms, provisions, or conditions of an existing franchise, no franchisor shall terminate, cancel, or fail to continue or renew a franchise except for good cause. This section governs any action or intent to terminate, cancel, discontinue, or not renew a franchise whether the franchise was entered into prior to or after the effective date of this amendment. (B) Except as otherwise provi... |
Section 4517.541 | Termination of franchise; notice.
...(A) Each franchisor proposing to terminate, cancel, discontinue, or not renew a franchise based upon any of the following shall send written notice by certified mail of the proposed action to the franchisee at such time as may be necessary to ensure that the notice is received not later than twelve months before the effective date of the proposed action, unless prohibited by law or regulation: (1) As a result... |
Section 4517.55 | Determination of good cause to terminate franchise.
...t limited to: (1) The amount of retail sales transacted by the franchisee during a five-year period immediately preceding such notice as compared to the business available to the franchisee; (2) The investment necessarily made and obligations incurred by the franchisee to perform its part of the franchise; (3) The permanency of the franchisee's investment; (4) Whether it is injurious or beneficial to the public i... |
Section 4517.56 | Proposed transfer of franchise.
...(A) If the sale or transfer of the business and assets or all or a controlling interest in the capital stock of a new motor vehicle dealer contemplates or is conditioned upon a continuation of the franchise relationship with the franchisor, and the proposed transferee has indicated a willingness to comply with all of the requirements of the franchise then in effect, the franchisee shall notify the franchisor of such ... |
Section 4517.57 | Hearing procedure for protest.
...(A) Upon receiving a notice of protest pursuant to section 4517.50, 4517.53, 4517.54, or 4517.56 of the Revised Code, the motor vehicle dealers board shall set a time, which shall be within one hundred eighty days of such order, and place of hearing and send by certified mail a copy of the order to the franchisor, the protesting franchisee or dealer organization, and all individuals and groups that have requested n... |
Section 4517.58 | Board decision.
...The decision of the motor vehicle dealers board on any matter heard under section 4517.57 of the Revised Code shall be in writing and shall contain findings of fact and a determination of the issues presented. If the board fails to act within thirty days after the board receives a proposed decision from the hearing officer or within any longer period mutually agreed upon by the parties, the proposed decision shall be... |
Section 4517.59 | Prohibited acts.
...ails to expand its facilities, increase sales personnel, purchase more parts or accept programs for sales and operation of the franchisee's business, when such demand is not reasonable, fair, and equitable under all circumstances, or tends to depreciate the franchisee's equity; (5) Sell, lease, or rent goods or motor vehicles, or render any service normally performed and required of franchisees under the franchise ... |
Section 4517.60 | Indemnification and holding harmless of franchisee.
...Notwithstanding the terms, conditions, or provisions of any franchise, or the date such franchise was executed, each franchisor shall indemnify and hold harmless its franchisees against any losses, including, but not limited to, court costs and attorney fees reasonably incurred, or damages arising out of complaints, claims, or suits, whether or not meritorious, relating in whole or in part to claims under section 134... |