KNOW YOUR RIGHTS: A car dealer’s affirmative duty to disclose in an “as-is” sale to a consumer in Ohio

 The Ohio Advertisement and Sale of Motor Vehicles Rule and the Consumer Act require a car dealer to affirmatively disclose the following to a consumer before selling the consumer a motor vehicle:

1. Prior damage to a new vehicle that the dealer knows about, where the retail cost of repair exceeds or exceeded 6% of the vehicle's MSRP. OAC 109:4-3-16(B)(14);
2. The fact that a motor vehicle has previously been titled as a salvage vehicle when the car dealer knows about it. OAC 109:4-3-16(B)(29);
3. Obvious defects in a motor vehicle at the time of sale whether or not the car dealer knows about them. Muench v. Eagle Savings Assn. & Hassan Motors, Inc. (C.P. Hamilton, 3/30/87) Case No. A 850744, Filed as PIF #861 on 5/5/87.

What kinds of damage must be disclosed?  Any damage to a new motor vehicle, excluding damage to glass, tires and bumpers replaced by identical manufacturer's original equipment. Or, damage to a used motor vehicle which caused the vehicle to be titled as a salvage vehicle, or damage to a vehicle which is substantial and obvious.  

What if the damage occurred before the dealer came into possession of the vehicle? This does not change the rules at all. The Ohio Advertisement and Sale of Motor Vehicles Rule and the Consumer Act do not distinguish between damage that occurred before or during the dealership's possession of the vehicle.

How must the damage be disclosed?  There is no requirement that the disclosures be made by the car dealer in writing. So, they can either be in writing or orally.

What if I purchased the motor vehicle primarily for business use?  If the primary purpose of your purpose was not personal use, then neither the Ohio Advertisement and Sale of Motor Vehicles Rule nor the Consumer Act apply to you. Therefore, the car dealer would not be required to disclose any of this information to you.  However, you may still have claims under a common law fraud standard, or under the Deceptive Trade Practices Act.

Has on Ohio car dealer failed to disclose significant damage or defects in a vehicle that you purchased from them for consumer use? Contact the dealer and see if they will take the vehicle back and give you your money back. If not, then you can contact the Ohio Attorney General's Consumer Protection Office, 30 E. Broad St., 14th floor, Columbus, Ohio 43215-3428, 1-877-244-6446. Or, you may want to contact a private attorney who specializes in Car Sales Fraud in Ohio.  Feel free to call Burdge Law Office on our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your "lemon" vehicle.

Beth Wells

www.BurdgeLaw.com

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 13 Years Running

Volkswagen of America, Inc. Recalls 150,000 Vehicles Due to Stalling Defect

Volkswagen of America, Inc. has recalled over 150,000 model year 2009-2014 Tiguan vehicles manufactured July 2007 to June 2014.

According to Volkswagen of America, Inc., when using winterized fuel in certain conditions, bubbles may form in the fuel system which could result in the vehicle stalling and increase the risk of a crash.

To see the two (2) documents associated with this recall, click here and scroll down to the accessible PDF files.

According to the National Highway Traffic and Safety Administration ("NHTSA"), Volkswagen of America, Inc. will notify vehicle owners directly, and its authorized dealers will update the vehicle’s software to increase the fuel pump pressure free of charge.  Owners may also contact Volkswagen of America, Inc. direct at 1-888-327-4236.  

Do you have a 2009-2014 Tiguan that stalled while driving,

has been to an authorized Volkswagen of America, Inc. dealer for repairs under the Volkswagen of America, Inc. warranty, but is still not fixed?  If the vehicle was purchased or repaired in Ohio or Kentucky, then you can call Burdge Law Office on our Toll Free Hotline, 1.888.331.6422, to see if we can help you out of your "lemon" vehicle.

Beth Wells

www.OhioLemonLaw.com

www.KentuckyLemonLaw.com

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 10 Years Running

Are you still waiting for title to your used vehicle more than 40 days after purchase?

Are you having trouble getting the title to your "new to you" used car or truck?  You may not be alone.

On June 7, 2013, the Ohio Attorney General annouced that it had filed lawsuits against 2 Ohio used car dealerships, seeking $56,000 in reimbursement claims paid by the Ohio Attorney General to Ohio consumers out of the Title Defect Rescission Fund.  The lawsuits allege that the used car dealers sold used vehicles to Ohio consumers but failed to timely transfer title to those vehicles as required by Ohio law.

 

The first lawsuit, filed on June 3, 2013, alleges that Buyers Choice Cars, in Columbus, entered into multiple motor vehicle transactions with consumers and failed to timely transfer title to the vehicles to the consumers within 40 days.   According to the Ohio Attorney General, $19,415.52 has been paid to consumers from the Title Defect Rescission Fund to resolve consumer complaints made by consumers against Buyers Choice Cars. Click here to read the Buyers Choice Cars lawsuit.

The second lawsuit, filed on June 7, 2013, alleges that Boasko's Rt. 4 Automall LLC, in Sandusky, also entered into multiple motor vehicle transactions with consumers and failed to timely transfer title to the vehicles to consumers wihtin 40 days.  According to the Ohio Attorney General, $37,465 has been paid to consumers from the Title Defect Rescission Fund to resolve consumer complaints made by 17 consumers against Boasko's Rt. 4 Automall LLC.  Click here to read the Boasko's Rt. 4 Automall LLC lawsuit.

Under Ohio law, a car dealer has 40 days to transfer title into a consumer's name.  And, Ohio consumers have an unconditional right to rescind the transaction
(i.e. make the dealer take the vehicle back and get their money back) where the used car dealer fails to timely transfer title. 

Licensed used car dealers in Ohio participate in a program called the Title Defect Rescission Fund, which allows dealers to sell used vehicles to consumers before obtaining title to those vehicles.  The Title Defect Rescission Fund is maintained by the Ohio Attorney General, who administers refunds to consumers who suffer damages from motor vehicle dealers who fail to timely transfer title within 40 days of sale.  And, if the Ohio Attorney General pays a consumer from the Title Defect Rescission Fund on behalf of a used car dealer, then the used car dealer must obtain a surety bond of at least $25,000.

For more on your rights as a consumer for timely transfer of title under Ohio law, or a used car dealer's duties, click here.

If you purchased a used vehicle and the used car dealer has failed to timely transfer title into your name within 40 days, you can file a consumer complaint with the Ohio Attorney General's Office. 

Or, click here and let me know about it - I'll get right to work to help you!

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running