Q:       Can Ohio’s Lemon Law help me if my motorcycle is a lemon?

A:        Yes. The law can require the manufacturer to replace or buy back a motorcycle that you purchased or leased if it:

• had a defect that substantially impaired its use, value or safety; and
• was not, or could not be, properly repaired or repaired in a timely manner.

The law does not, however, cover parts added to your bike by a dealer.

Q:       What if I have a small engine motorcycle or a scooter? Does the Lemon Law still cover my vehicle?

A:        Yes. Neither the engine size nor the vehicle size matters. As long as it is motorized and a noncommercial vehicle, it is covered by the Ohio Lemon Law.

Q:       Does the Lemon Law cover my used motorcycle?

A:        Generally, no.  It will only be covered if you bought the motorcycle within the first year or 18,000 miles of operation and you reported the problems within the first year or 18,000 miles of operation.

Q:       I bought a sidecar for my motorcycle. Does the Lemon Law cover my sidecar?

A:        No.  However, you may be able to recover its cost if your motorcycle turns out to be a lemon and you purchased the sidecar at the same time you bought your motorcycle, since in that case, the sidecar could be considered a dealer-installed option or part of your “incidental” damages. (Incidental damages might include, for example, the cost of equipment you bought for your bike that can’t be used without the bike.)

Q:       How do I know if my motorcycle is a lemon?

A:        All new motorcycles come with warranties from the manufacturer. If you have problems, you should go back to your dealer or another authorized repair shop to have the problem diagnosed and fixed.  If the problem is not corrected within a reasonable number of attempts or days out of service, then your vehicle may qualify for Ohio Lemon Law remedies. You may be able to get a new motorcycle or your money back.

Q:       How many repair attempts must be made before my motorcycle is considered a lemon?

A:        Your motorcycle will be considered a lemon if:

1)         substantially the same problem has been subject to repair three or more times and still exists or recurs;

            2)         the motorcycle has been out of service for a total of 30 or more calendar days for repairs;

            3)         eight or more attempts have been made to repair any substantial defect or condition that does not comply with the warranty;

            4)         at least one repair attempt has been made for a safety-related problem and the problem either continues to exist or recurs.

Q:       I think I have a lemon motorcycle. What should I do?

A:        While not required, it may be helpful for you to contact the manufacturer directly if your dealer has been unable to correct the problem within a reasonable amount of time or reasonable number of attempts. Consider asking the manufacturer to replace your motorcycle or buy it back.  If you’re unable to reach an acceptable agreement with the manufacturer, you may want to ask that your dispute be arbitrated, if arbitration is available.

A motorcycle manufacturer cannot require you to go through any arbitration process under the Ohio Lemon Law unless the process has been “state-certified.” No motorcycle manufacturer uses a state-certified arbitration board at this time. Always check with the Ohio Attorney General’s office for current information. If the vehicle manufacturer (e.g., BMW, Harley-Davidson, Honda, Suzuki, Triumph, Yamaha, etc.) has not received state certification for its arbitration board, you may want to seek help from a lawyer. 

Q:       How can I find out more about the Ohio Lemon Law and other consumer-related issues?

A:        For more information, or to file a consumer complaint, write to the Ohio Attorney General, Consumer Protection Office, 30 E. Broad St., 14th floor, Columbus, OH 43215-3428.  Or you can call the toll free helpline at the Consumer Protection Office, 1-800-282-0515.  For online information or to file a complaint, visit: www.ohioattorneygeneral.gov.

This “Law You Can Use” column was provided by the Ohio State Bar Association (OSBA). It was prepared by attorney Ronald L. Burdge of the Burdge Law Office Co, LPA in Dayton. The column offers general information about the law. Seek an attorney’s advice before applying this information to a legal problem.

Q:       How is real estate transferred in Ohio?
A:        Most commonly in Ohio, one party transfers title to or an interest in real property to another party through a written document called a deed. There are a few situations, however, such as when the government uses its eminent domain power to acquire private property for a public improvement, where a court may order the transfer of real estate without a deed. Also, in rare cases, title may be transferred as the result of continuous possession by a person other than the owner. Ohio law requires a transfer of real estate to be in writing.

Q:       What must a deed contain?
A:        A deed must:

·         identify the current owner (“grantor”) and the new owner (“grantee”);

·         specifically describe the land to be transferred (a street address is not enough; a legal description is required); and

·         contain language saying that the grantor “grants” the property to the grantee.

The grantor must sign the deed in front of a notary public or another authorized officer, who will acknowledge the signing of the deed.

Q:       The title to my house is in my name alone. Will my spouse have to sign the deed when I sell the property?
A:        Yes. Ohio law gives your spouse what is known as “dower” rights, which means that after your death, your spouse may claim an interest in the property even though you have sold it, and even though your spouse’s name does not appear in your deed. Your spouse must sign the deed to the buyer to clear the dower interest from the title.

Q:       If I want to transfer my property to someone else, must my deed to the property be recorded with the county recorder’s office?
A:        While it is generally wise to record your deed, Ohio law does not require a deed to be recorded for title to pass from you (the grantor) to a grantee. To transfer title, you must deliver the executed and acknowledged deed to the grantee. This means that you must give up control over the deed during your lifetime and intend to transfer title to the grantee. To complete the transfer, the grantee must accept the delivered deed. If the deed benefits the grantee, acceptance ordinarily will be presumed, but if the deed is not recorded in the county recorder’s office where the property is located, the grantee may risk losing the property to a subsequent buyer. The subsequent buyer generally will not have legal notice of the transfer unless the deed is recorded. Let’s say you, the property owner, give a deed to Buyer A, but Buyer A does not record that deed. Later, you deed the same property to Buyer B (who pays for the property without knowing about the deed you gave to Buyer A). Because Buyer A’s deed was not recorded, Buyer B will not have legal notice of the deed to Buyer A. If Buyer B records the deed, Buyer B may be considered the new owner.

Q:       What is a quitclaim deed, and how does it differ from a warranty deed?
A:        A quitclaim deed transfers whatever title the grantor may have without giving the grantee any assurance that the grantor has any title to the property. A parent who gives a parcel of real estate to a child might use a quitclaim deed, because the child likely will trust the parent’s title.
            In a warranty deed, the grantor promises (“covenants”) that he or she is transferring title free of liens and other encumbrances. Ohio law recognizes: 1) general warranty deeds covenanting against all lawful adverse title claims and 2) limited warranty deeds covenanting only against adverse claims created by the grantor.

Q:       Can I sign a deed so my house can be transferred automatically when I die?
A:        Yes. You can sign a survivorship deed, which transfers the title to yourself and at least one other person named in the deed. When you die, your interest will transfer automatically to the other person if he or she is alive. For example, if you and your spouse sign a survivorship deed to your house and you are the first to die, title will pass to your spouse without going through your probate estate. You can also sign and record a transfer-on-death designation affidavit identifying one or more beneficiaries who will receive the property when you die.  Unlike a survivorship tenant, a transfer-on-death beneficiary does not have an interest in the property until your death. Also, you may revoke a transfer-on-death designation before your death by signing and recording a new affidavit.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Dayton attorney Steven J. Davis of Thompson Hine LLP. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       My mortgage lender foreclosed on my house. How would I know if the lender had the right to file the foreclosure?
A:        Every mortgage loan has two important documents: the note and the mortgage. The note is your agreement to pay the lender. The mortgage is the document that gives the lender the right to foreclose if you don't make the payments due under the note. Your lender can gain the right to bring a lawsuit against you in one of two ways. First, your mortgage might have been assigned to the lender before your foreclosure case was filed.  If so, a document called “assignment of mortgage” would be attached to the foreclosure complaint, and the name on that assignment would be the name of the plaintiff (that is, the person or entity bringing the foreclosure suit, such as your lender or an entity your lender has designated). Second, the plaintiff might hold your note, although this may be difficult to establish.  Sometimes the note will include a stamp that says “endorsed to [plaintiff],” indicating that the plaintiff probably held the note. In other cases, the note will say “endorsed to (blank).” In such a case, the plaintiff is not specifically named and can bring the case only by having physical possession of the note when filing the foreclosure case.

Q:       My house is in foreclosure and will be taken soon.  Is there anything I can do to make sure my rights are protected?

A:        Your foreclosure complaint will have a note and mortgage attached to it. An assignment of mortgage also may be attached.  If the mortgage is either in the plaintiff’s name or is assigned to the plaintiff, then the foreclosure is probably valid. If not, look at the note. If the note is made payable to the plaintiff, then the foreclosure is probably valid. If the note is endorsed in blank, the plaintiff should have alleged in the complaint that it holds the note, and later will submit an affidavit stating that it holds the note. If the plaintiff did not take any of these steps, there could be a defect, and this may entitle you to have the case dismissed.

Q:       My property was sold at a foreclosure sale a couple of years ago.  Now I understand that a Supreme Court of Ohio decision may affect the validity of that sale.  Is that true?

A:        Possibly. On October 31, 2012, the Supreme Court of Ohio issued its decision in Fed. Home Loan Mtge. Corp. v. Schwartzwald. In that case, the court found that the lender’s right to bring a foreclosure case is determined on the date that a complaint is filed.  To have the “standing” necessary to bring a foreclosure case, the plaintiff must either hold the note or have been assigned the mortgage. If your foreclosure was filed and the plaintiff either did not hold the note or was not assigned the mortgage at the time of filing, the foreclosure may not be valid.

Q:       What will happen to future foreclosures in Ohio in light of this Supreme Court of Ohio decision?

A:        In the post-Schwartzwald world, lenders will be very cautious to make sure that they have the right to bring the foreclosure in the first place. As the law currently stands, the plaintiff can bring the foreclosure if the plaintiff either holds the note or was assigned the mortgage. However, a case is now being appealed to the Supreme Court of Ohio to determine whether the plaintiff must hold both the note and the mortgage of record in order to bring the foreclosure case. 

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by J. Michael Debbeler, a partner in the Cincinnati firm of Graydon Head. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       What is a private school?  
A:        Private (or non-public) schools fall into two categories in Ohio: chartered and non-chartered.  The majority of private schools are chartered.   

To be considered a “chartered” private school, the school must apply for and receive a charter from the State Board of Education. To receive a charter, the school must meet certain requirements adopted by the State Board of Education, including a requirement that the school comply with the Operating Standards for Ohio Schools. Chartered private schools consist of schools that are both sectarian and non-sectarian. A “sectarian” school is one that is affiliated with a “sect,” which is most commonly a religious organization. (Note: A “chartered private school” should not be confused with a “community school,” which is sometimes referred to a “charter school” in Ohio.)  A community school is publicly funded, but is granted some flexibility with regard to public school rules and regulations

Q:       How are private schools funded?

A:        Chartered private schools do not receive per-pupil foundation payments from the Ohio Department of Education or real estate tax revenues. For this reason, private schools are largely funded privately and students usually pay tuition. Chartered private schools may, however, receive reimbursement from the Ohio Department of Education for mandated services and certain administrative costs. Private schools may receive federal funding for providing special education services and other education-related services. 

Q:       Must private school teachers be licensed?

A:        Yes. Chartered private school teachers are required to comply with all of the Ohio Department of Education’s certification and licensing requirements. 

Q:       What are the testing requirements for private school students? 

A:        Chartered private school students must take annual standardized tests and the Ohio Graduation Test (OGT). Other state tests are optional.  

Q:       Is transportation provided to private schools? 

A:        The public school that serves as a student’s home district must provide transportation to the chartered private school as long as the student lives more than two miles from the private school and the private school is less than 30 minutes away from the public school that the student would have attended. 

Public schools may provide payments in lieu of transportation if it deems the transportation to be impractical. Public schools are only required to provide transportation for chartered private school students in grades K-8, unless the public school already provides transportation for its own high school students. If that is the case, the public school must provide such transportation to high school students in its district who attend private schools.  

Q:       What is a non-chartered private school? 

A:        A non-chartered private school is one that has not sought a charter from the State Board of Education, usually because of truly held religious beliefs. Because such schools are not chartered by the State Board of Education, no assistance is provided by the state or by public school districts. Also, colleges, universities and employers have discretion in deciding whether to accept credits, graduation credentials or a diploma issued by a non-chartered school.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by attorney Mark A. Weiker of the Columbus firm Means, Bichimer, Burkholder & Baker Co., LPA. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.