Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-16 - Advertisement and sale of motor vehicles

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule, the following
			 definitions shall apply:
(1) "Dealer" means
			 any person engaged in the business of selling, offering for sale or negotiating
			 the sale of five or more motor vehicles during a twelve-month period,
			 commencing with the day of the month in which the first such sale is made, or
			 leasing any motor vehicles, including the officers, agents, salespersons, or
			 employees of such a person; or any person licensed as a motor vehicle dealer or
			 salesperson under Chapter 4517. of the Revised Code.
(2) "Manufacturer" means any person:
(a) Engaged in the business of manufacturing
			 or assembling new or unused motor vehicles; or
(b) Engaged in the business of importing new
			 or used motor vehicles into the United States; or
(c) Engaged in the business of selling or
			 distributing new and unused motor vehicles to motor vehicles dealers in this
			 state.
(3) "Motor
			 vehicle" means any vehicle defined as such by section
			  4501.01  of the Revised
			 Code.
(4) "Authorized agent" means
			 any person within the dealership with designated authority to contractually
			 bind the dealership.
(5) "Purchase
			 price" means the total amount the consumer is required to pay the dealer
			 pursuant to the contract, but excluding tax, title and registration fees and
			 documentary service charges. A negative equity adjustment may be included in
			 the purchase price.
(6) "MSRP,"
			 "list," or "sticker" means the final manufacturer's suggested retail price as
			 stated on the federally mandated window sticker (aka Monroney).
(7) "New motor vehicle" means a motor
			 vehicle, the legal title to which has never been transferred to an ultimate
			 purchaser, including a demonstrator vehicle.
(8) "Demonstrator" means a new motor vehicle
			 of the current or previous model year, for sale only by an authorized dealer of
			 the same make and model, which  has been driven less than six thousand miles
			 and has been used by a motor vehicle dealer
			 for:
(a)
										demonstration
			 purposes by prospective purchasers, whether operated by the dealer, its agents
			 or employees, a third party, or the prospective purchaser; or
(b)
										courtesy
			 transportation purposes at no cost to a consumer for use when the consumer's
			 motor vehicle is being repaired or serviced.
(9) "Factory official vehicle" means a motor
			 vehicle of the current or previous model year which has been operated by a
			 representative or automotive related subsidiary of the manufacturer/distributor
			 of the vehicle.
(10) "Rental
			 vehicle" means a motor vehicle which has been operated for hire by an entity
			 which is engaged in the business of renting vehicles, and includes
			 a daily rental
									by a motor vehicle renting dealer as defined in Section
			  4549.65  of the Revised
			 Code.
(11) "Invoice" or
			 "invoice amount" is the gross amount a dealer pays the manufacturer for a
			 vehicle before deduction of holdback or other miscellaneous charges.
(12) "Negative equity adjustment" means an
			 equal amount which is added to both the purchase price of a vehicle and the
			 trade-in allowance for the trade-in vehicle in a transaction.
(13) "Conversion" means a motor vehicle,
			 other than a motor home, which has been substantially modified by a person
			 other than the manufacturer or distributor of the chassis of the motor vehicle
			 and which has not been the subject of a retail sale.
(14) "Advertising association or group" means
			 a group, collection, alliance, combination, or other joining of any persons or
			 business entities or any combination thereof, assembled or joined for the
			 purpose of promoting or advertising products or services to consumers through
			 the use of visual, audio or print medias.
(15) "Purchase" includes the lease of a motor
			 vehicle.
(16) "Freight Charge" in a
			 transaction involving the sale of a new motorcycle, a new motorized bicycle,
			 new utility vehicle, new all-purpose vehicle, or other similar type of new
			 vehicle that is not subject to the Automobile Information Disclosure Act of
			 1958, means the cost paid for the packaging and delivery of a vehicle to a
			 motor vehicle dealer from a manufacturer or distributor. For the purposes of
			 this rule, all references to the word "freight" shall include within that term
			 all other words of similar import and meaning, including "shipping",
			 "delivery", and "destination."