The Consumer Sales Practices Act

Car buyers are protected under the Consumer Sales Practices Act.

The Consumer Sales Practices Act of Ohio governs the way buyers and sellers conduct business. It sets out circumstances in which an offer to purchase must be made in writing, provides rules governing prepaid entertainment contracts, and details the buyer's right to recover damages if the seller behaves in a deceptive manner. Motor vehicles are also covered under the act, and the buyer has the right to sue for damages under certain circumstances.

Offer to Purchase

Under Section 1345.23 of the act, an offer to purchase a home must be conveyed to the seller in writing. Once the offer has been made, the buyer has up to three business days to cancel the transaction. The seller must notify the buyer in writing by attaching a notice of cancellation to the original contract.

Prepaid Entertainment Contracts

Prepaid entertainment contracts are ones in which the buyer pays for a service in advance. Contracts with dance studios, health clubs, introduction services and for martial-arts training are all examples of this type of agreement, which must be in writing and specify length of time. The buyer has up to three business days to cancel after entering into a prepaid entertainment contract, according to Section 1345.43 of the Consumer Sales Practices Act.

Consumer Protection

Under the act, a buyer has the right to recover damages if the seller behaves in a deceptive manner. The buyer is entitled to any money due under the contract. Section 1345.48 also directs that the buyer can be compensated for attorney's fees as well.

Motor Vehicles

When a consumer buys a motor vehicle and reports a defect within the first 12 months or 18,000 miles after purchase, the manufacturer or dealer has a legal duty to repair it. If the issue can't be repaired, the buyer has the right to either a replacement vehicle or a refund of the purchase price. The buyer is entitled to receive written notification of his right to compensation or a replacement vehicle. Section 1345.74 applies to leased cars, as well as purchased ones.

Right to Sue

A consumer has the right to sue for damages if an auto manufacturer fails to comply with its obligation to repair the vehicle or provide a refund or replacement. The purchaser may start a legal action within five years of the date the car was delivered. The buyer may make a claim for legal fees and court costs.

References

• Ohio Revised Code: Ohio Uniform Commercial Code: Consumer Sales Practices Act