Ohio Revised Code

Ohio Rev. Code § 1334.09 (2026)

Action for rescission and damages

✓ current as of May 2026
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(A) For a violation of sections 1334.01 to 1334.15 of the Revised Code, a purchaser has a cause of action and may seek either or both of the following:

(1) In an individual action:

(a) Rescind the agreement by giving written notice to the seller within three years of the date of the agreement and recover all sums paid to the seller, less the fair market value, at the time of delivery, of any goods supplied by the seller that are not returned to the seller;

(b) If the purchaser is found to have been damaged, recover up to three times the amount of actual damages or ten thousand dollars, whichever is greater.

(2) Recover damages or other appropriate relief in a class action under Civil Rule 23, as amended.

(B) The court may award to the prevailing party a reasonable attorney fee limited to the work reasonably performed, if either of the following apply:

(1) The purchaser complaining of the act or practice that violated sections 1334.01 to 1334.15 of the Revised Code has brought or maintained an action that is groundless and the purchaser brought or maintained the action in bad faith;

(2) The seller or broker committed an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code.

(C) Upon receipt by a purchaser of the consideration paid to a seller, or a seller's affiliates, or both, pursuant to division (A)(1)(a) of this section, the purchaser shall make available to the seller, at a reasonable time and place, the goods received by the purchaser. However, a purchaser is not entitled to unjust enrichment by exercising the rights provided by this section.

Notes of Decisions
Cited in 10 cases, 1983–2019 · leading case: Yo-Can, Inc. v. Yogurt Exch., Inc., 778 N.E.2d 80 (Ohio Ct. App. 2002).
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Yo-Can, Inc. v. Yogurt Exch., Inc., 778 N.E.2d 80 (Ohio Ct. App. 2002). “08(B) and (D) (mentioning remedies against a seller or broker); R.C. 1334.09 (mentioning attorney fees against a seller or broker).”
Tele-Save Merchandising Co. v. Consumers Distrib. Co., Ltd., 814 F.2d 1120 (6th Cir. 1987). “08, and may be subject to criminal sanctions, Ohio Rev. Code § 1334.99. When a seller violates any provision, the purchaser may rescind the transaction and recover the greater of three times the amount of actual damages or $10,000.”
ry/eh, Inc. v. Arthur Treacher's, Inc., 685 N.E.2d 316 (Ohio Ct. App. 1996). · cites it 2× “) R.C. 1334.09 provides: “(A) For a violation of sections 1334.”
Burger Dynasty, Inc. v. Bar 145 Franchising, L.L.C., 2019 Ohio 4006 (Ohio Ct. App. 2019). · cites it 6× “08 of the Revised Code, no party shall be awarded attorney’s fees under division (B) of section 1334.09 of the Revised Code, and monetary recovery shall not exceed the amount of actual damages resulting from the violation.”
Henderson v. SMC Promotions, Inc., 2014 Ohio 4634 (Ohio Ct. App. 2014). · cites it 2× “2 The correct provision is R.C. 1334.09(A). 11. {¶ 21} Ultimately, the magistrate found that the Hendersons rescinded the transaction and that $5,195 was not properly refunded.”
Henderson v. SMC Prods., Inc., 2019 Ohio 5275 (Ohio Ct. App. 2019). “00 pursuant to the Business Opportunity Plan Act (§1334.09(A)). (i.e., $5,195.00 times 3 equals $15,585.”
Peltier v. Spaghetti Tree, Inc., 451 N.E.2d 1219 (Ohio 1983). “R.C. 1334.09 (A); R.C. 1334.99. R.C. 1334.”
Eve v. Rutledge, 597 N.E.2d 194 (Ohio Ct. App. 1991). “…with the grant of summary judgment in favor of appellee as pertains to the issues raised by the complaint. 2 . R.C. 1334.09(A).”
LMC Weight Loss, Inc. v. Victory Mgmt., Inc., 912 N.E.2d 175 (Ohio Ct. App. 2009). “Pursuant to R.C. 1334.09, the trial court trebled the damages to $105,000.”
Fitz Simon, Inc. v. JHG, Inc., 2019 Ohio 1125 (Ohio Ct. App. 2019). “That failure, appellants argued, entitled them to relief under R.C. 1334.09, which states that a failure to comply with R.”
— Ohio Rev. Code § 1334.09(A) — 5 cases
Henderson v. SMC Promotions, Inc., 2014 Ohio 4634 (Ohio Ct. App. 2014). “2 The correct provision is R.C. 1334.09(A). 11. {¶ 21} Ultimately, the magistrate found that the Hendersons rescinded the transaction and that $5,195 was not properly refunded.”
Henderson v. SMC Prods., Inc., 2019 Ohio 5275 (Ohio Ct. App. 2019). “00 pursuant to the Business Opportunity Plan Act (§1334.09(A)). (i.e., $5,195.00 times 3 equals $15,585.”
ry/eh, Inc. v. Arthur Treacher's, Inc., 685 N.E.2d 316 (Ohio Ct. App. 1996). “) R.C. 1334.09 provides: “(A) For a violation of sections 1334.”
Burger Dynasty, Inc. v. Bar 145 Franchising, L.L.C., 2019 Ohio 4006 (Ohio Ct. App. 2019). “08 of the Revised Code, no party shall be awarded attorney’s fees under division (B) of section 1334.09 of the Revised Code, and monetary recovery shall not exceed the amount of actual damages resulting from the violation.”
Eve v. Rutledge, 597 N.E.2d 194 (Ohio Ct. App. 1991). “…with the grant of summary judgment in favor of appellee as pertains to the issues raised by the complaint. 2 . R.C. 1334.09(A).”
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