Effective: October 22, 1987
Latest Legislation: House Bill 232 - 117th General Assembly
(A) When a franchisor does, causes, or permits to be done anything prohibited by this chapter, or fails to perform any duty imposed upon it by this chapter, the franchisor shall be liable to the franchisee in double the amount of actual damages sustained, plus court costs and reasonable attorney fees.
(B) When a franchisor terminates, cancels, or fails to renew a franchise without the prior consent of the franchisee, or refuses to approve the sale or transfer of the business or a controlling interest in a franchisee for other than good cause, the franchisee or prospective transferee may, in lieu of filing a protest with the motor vehicle dealers board, recover damages under division (A) of this section.
(C) The franchisor shall be liable to the franchisee or prospective transferee for reasonable attorney fees, witness fees, and any other costs incurred by the franchisee or prospective transferee in any protest filed under section 4517.50, 4517.53, 4517.54, or 4517.56 of the Revised Code in which the motor vehicle dealers board finds in favor of the protesting franchisee or prospective transferee.
(D) The burden of proof to establish the franchisor's good cause shall be on the franchisor in protests and actions instituted under this section and sections 4517.50, 4517.54, and 4517.56 of the Revised Code.
(E) Nothing in this chapter shall be construed or applied to prohibit a franchisor from implementing in good faith any lawful affirmative action program designed to provide business opportunities for women and minorities.
Structure Ohio Revised Code
Title 45 | Motor Vehicles-Aeronautics-Watercraft
Chapter 4517 | Motor Vehicle Dealers, Auction Owners, and Salespersons
Section 4517.01 | Motor Vehicle Dealer, Auction Owner and Salesperson Definitions.
Section 4517.011 | Construction of Chapter.
Section 4517.021 | Rules Governing Auction of Classic Motor Vehicles.
Section 4517.03 | Established Place of Business Restrictions.
Section 4517.04 | Application for New Motor Vehicle Dealer's License.
Section 4517.05 | Application for Used Motor Vehicle Dealer's License; Mandatory Training.
Section 4517.06 | Application for Motor Vehicle Leasing Dealer's License.
Section 4517.08 | Application for Distributor's License.
Section 4517.09 | Application for Salesperson's License.
Section 4517.10 | Prescribed Forms and Fees for Licenses.
Section 4517.11 | License Fees Credited to Pubilc Safety - Highway Purposes Fund.
Section 4517.13 | Denial of Distributor's License.
Section 4517.14 | Denial of Salesperson's License.
Section 4517.15 | Appeal of Denial of License to Motor Vehicle Dealers Board.
Section 4517.16 | Eligibility for Construction Equipment Auction License.
Section 4517.171 | Denial or Revocation of Construction Equipment Auction License.
Section 4517.18 | Auction of Large Construction or Transportation Equipment; Prohibited Acts.
Section 4517.19 | Motor Vehicle Wholesaler - Prohibited Acts.
Section 4517.20 | Motor Vehicle Dealer - Prohibited Acts.
Section 4517.21 | Motor Vehicle Auction Owner - Prohibited Acts.
Section 4517.22 | Motor Vehicle Shows.
Section 4517.221 | Display of New Motor Vehicles at Location Other Than Dealership.
Section 4517.23 | Notifying Registrar of Changes of Status.
Section 4517.24 | Two or More Dealers at Same Location.
Section 4517.25 | Mileage Disclosure Statement.
Section 4517.26 | Written Agreement to Precede Sale.
Section 4517.261 | Documentary Service Charge for Sale or Lease.
Section 4517.30 | Motor Vehicle Dealers Board.
Section 4517.31 | Board to Be Part of Department of Public Safety.
Section 4517.32 | Powers and Duties of Board.
Section 4517.33 | Appeals - Rules for Suspension or Revocation.
Section 4517.34 | Assistance by Officials.
Section 4517.40 | Restricting Retail Installment Contract Sales.
Section 4517.41 | Coercing Restriction of Retail Installment Contract Sales.
Section 4517.42 | Circumstances Prohibiting Purchase of Retail Installment Contract.
Section 4517.43 | Confidentiality of Applications.
Section 4517.44 | Record Maintenance.
Section 4517.45 | Damage to Body or Trim of Vehicle by Dealer Affixing Placard or Tag.
Section 4517.49 | Excepting Manufactured Homes.
Section 4517.50 | Notice of Establishment of New Dealer or Relocation.
Section 4517.51 | Determination of Good Cause for Establishment of New Dealer or Relocation.
Section 4517.52 | Fulfillment and Compensation for Warranty and Recall Obligations.
Section 4517.53 | Written Delivery and Preparation Obligations of Franchisees.
Section 4517.54 | Notice of Intent to Terminate or Discontinue.
Section 4517.541 | Termination of Franchise; Notice.
Section 4517.542 | Termination of Franchise; Compensation.
Section 4517.55 | Determination of Good Cause to Terminate Franchise.
Section 4517.56 | Proposed Transfer of Franchise.
Section 4517.57 | Hearing Procedure for Protest.
Section 4517.58 | Board Decision.
Section 4517.59 | Prohibited Acts.
Section 4517.60 | Indemnification and Holding Harmless of Franchisee.
Section 4517.61 | Franchisor's Damage Disclosure Statement.
Section 4517.62 | Franchisee's Duties to Franchisor and Public.
Section 4517.63 | Writing Required for Certain Actions.
Section 4517.64 | Duties of Franchisor.