Ohio Rev. Code » Chapter 4505 - Ohio Revised Code | Ohio Laws

Ohio Rev. Code § 4505.04

Certificate of title as evidence of ownership - harm to leased motor vehicle

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Effective:
October 31, 2001
Latest Legislation:
Senate Bill 59 - 124th General Assembly
PDF:
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(A) No person acquiring a motor vehicle from its owner, whether the owner is a manufacturer, importer, dealer, or any other person, shall acquire any right, title, claim, or interest in or to the motor vehicle until there is issued to the person a certificate of title to the motor vehicle, or there is delivered to the person a manufacturer's or importer's certificate for it, or a certificate of title to it is assigned as authorized by section 4505.032 of the Revised Code; and no waiver or estoppel operates in favor of such person against a person having possession of the certificate of title to, or manufacturer's or importer's certificate for, the motor vehicle, for a valuable consideration.

(B) Subject to division (C) of this section, no court shall recognize the right, title, claim, or interest of any person in or to any motor vehicle sold or disposed of, or mortgaged or encumbered, unless evidenced:

(1) By a certificate of title, an assignment of a certificate of title made under section 4505.032 of the Revised Code, a manufacturer's or importer's certificate, or a certified receipt of title cancellation to an exported motor vehicle issued in accordance with sections 4505.01 to 4505.21 of the Revised Code;

(2) By admission in the pleadings or stipulation of the parties;

(3) In an action by a secured party to enforce a security interest perfected under Chapter 1309. of the Revised Code in accordance with division (A) of section 4505.13 of the Revised Code, by an instrument showing a valid security interest.

(C)(1) As used in division (C) of this section:

(a) "Harm" means damage or other loss.

(b) "Lease agreement" includes a sublease agreement as defined in division (C)(1)(d) of this section.

(c) "Lessee" includes a sublessee under a sublease agreement, but only if the sublessee is a motor vehicle leasing dealer licensed under Chapter 4517. of the Revised Code.

(d) "Sublease agreement" means a lease of a motor vehicle between a motor vehicle leasing dealer licensed under Chapter 4517. of the Revised Code and a second such duly licensed motor vehicle leasing dealer.

(e) "Tort action" means a civil action for damages for harm to a motor vehicle, other than a civil action for damages for a breach of contract or another agreement between persons.

(2) Notwithstanding divisions (A) and (B) of this section, if a motor vehicle that is the subject of a lease agreement sustains harm during the term of that agreement and if all of the following conditions are satisfied, the lessee may commence a tort action in the lessee's own name to recover damages for the harm from the person allegedly responsible for it:

(a) The lessee shall file with and attach to the complaint in the tort action a copy of the lease agreement pursuant to which the lessee is responsible for damage to the motor vehicle, for purposes of establishing the ownership of the motor vehicle and the interest of the lessee in it.

(b) The harm to the motor vehicle shall be such that, under the lease agreement, the lessee bringing the action is legally responsible for the repair of the harm.

(c) The lessee shall cause a copy of the complaint in the tort action to be served upon the owner of the motor vehicle and upon any other lessee of the vehicle in accordance with the Rules of Civil Procedure.
Notes of Decisions
Cited in 121 cases (10 in the last 5 years), 1953–2026 · leading case: Saturn of Kings Automall, Inc. v. Mike Albert Leasing, Inc.
Sort: Relevance Newest Treatment
Saturn of Kings Automall, Inc. v. Mike Albert Leasing, Inc. (2001) ohio · cites it 17× “The trial court held that R.C. 4505.04 was applicable to this matter.”
In Re Ward (2003) ohsb · cites it 36× “The Trustee argues that under the Ohio Certificate of Motor Vehicle Title Law, specifically Ohio Rev.Code § 4505.04 (Anderson 2003), and Ohio case law interpreting that statute, all legal and equitable ownership interests in the vehicle are determined solely by the certificate…”
In Re Amos (1996) ohnb · cites it 27× “Ohio Rev.Code Ann. § 4505.04 (Anderson 1993).”
In Re Caddarette (2006) ohnb · cites it 29× “In doing so, the Court relied on O.R.C. § 4505.04 which, in relevant part, provides that: (A) No person acquiring a motor vehicle from its owner, whether the owner is a manufacturer, importer, dealer, or any other person, shall acquire any right, title, claim, or interest in or…”
First Merit Bank, N.A. v. Angelini (2004) ohioctapp · cites it 15× “2d 507 , two prior Supreme Court cases involving the interplay between the UCC and the Certificate of Title Act in insurance cases, in the latter of which the court “stated that ‘[i]t is apparent that R.C. 4505.04 is irrelevant to all issues of ownership, except those regarding…”
Drown v. Hill (In Re Phillips) (2010) ohsb · cites it 33× “, specifically Ohio Rev.Code § 4505.04, and Ohio case law interpreting that statute, all legal and equitable ownership interest in the vehicle are determined solely by the certificate of title.”
In Re Toland (2006) ohnb · cites it 11× “O.R.C. § 4505.04. As a certificate of title state, Ohio law generally proscribes a court from recognizing the interest of any person in or to any motor vehicle unless it is evidenced by a certificate of title.”
State v. Rhodes (1982) ohio · cites it 6× “Appellant contends that in a prosecution for theft of a motor vehicle, R.C. 4505.04 provides the exclusive method by which ownership of that vehicle may be proved.”
Allan Nott Enterprises, Inc. v. Nicholas Starr Auto, L.L.C. (2006) ohio · cites it 7× “44, which contains the “voidable title” doctrine applied by the court of appeals, to R.C. 4505.04 and 4505.17 of Ohio’s Certificate of Motor Vehicle Title Act.”
Smith v. Nationwide Mutual Insurance (1988) ohio · cites it 5× “es: “Unless otherwise explicitly agreed, title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to…”
Calderone v. Jim's Body Shop (1991) ohioctapp · cites it 12× “Calderone’s evidence, Jim’s orally moved for dismissal on the grounds that Calderone had failed to prove ownership of the car, pursuant to R.C. 4505.04, which Jim’s claimed was an essential element of the claims.”
In Re Gunder (1980) ohsb · cites it 5× “Section 4505.04 of the Ohio Revised Code provides: “No person acquiring a motor vehicle from the owner thereof, whether such owner is manufacturer, importer, dealer, or otherwise, shall acquire any right, title, claim, or interest in or to said motor vehicle until such person…”
Show all 121 citing cases →
— Ohio Rev. Code § 4505.04(2) — 1 case
Evans v. Graham (1991) ohioctapp
— Ohio Rev. Code § 4505.04(A) — 17 cases
Saturn of Kings Automall, Inc. v. Mike Albert Leasing, Inc. (2001) ohio “The trial court held that R.C. 4505.04 was applicable to this matter.”
First Merit Bank, N.A. v. Angelini (2004) ohioctapp “2d 507 , two prior Supreme Court cases involving the interplay between the UCC and the Certificate of Title Act in insurance cases, in the latter of which the court “stated that ‘[i]t is apparent that R.C. 4505.04 is irrelevant to all issues of ownership, except those regarding…”
In Re Ward (2003) ohsb “The Trustee argues that under the Ohio Certificate of Motor Vehicle Title Law, specifically Ohio Rev.Code § 4505.04 (Anderson 2003), and Ohio case law interpreting that statute, all legal and equitable ownership interests in the vehicle are determined solely by the certificate…”
In Re Caddarette (2006) ohnb “In doing so, the Court relied on O.R.C. § 4505.04 which, in relevant part, provides that: (A) No person acquiring a motor vehicle from its owner, whether the owner is a manufacturer, importer, dealer, or any other person, shall acquire any right, title, claim, or interest in or…”
Heartland Bank v. National City Bank (2007) ohioctapp
— Ohio Rev. Code § 4505.04(B) — 11 cases
Calderone v. Jim's Body Shop (1991) ohioctapp “Calderone’s evidence, Jim’s orally moved for dismissal on the grounds that Calderone had failed to prove ownership of the car, pursuant to R.C. 4505.04, which Jim’s claimed was an essential element of the claims.”
Leslie v. Lacy (2000) ohsd
Donahue v. McKee (2022) ohioctapp
Djurich v. Lahood (1990) ohioctapp
Fordeley v. Fordeley (2023) ohioctapp
— Ohio Rev. Code § 4505.04(B)(1) — 3 cases
Nolen v. Standard Oil Co. (1989) ohioctapp
State v. Plata (2014) ohioctapp
Bennett v. Montgomery Cty. Clerk of Court (2015) ohioctapp
— Ohio Rev. Code § 4505.04(B)(2) — 3 cases
Morris v. Erieway, Inc. (1994) ohioctapp
Djurich v. Lahood (1990) ohioctapp
Bennett v. Montgomery Cty. Clerk of Court (2015) ohioctapp
— Ohio Rev. Code § 4505.04(C) — 1 case
In Re Ward (2003) ohsb “The Trustee argues that under the Ohio Certificate of Motor Vehicle Title Law, specifically Ohio Rev.Code § 4505.04 (Anderson 2003), and Ohio case law interpreting that statute, all legal and equitable ownership interests in the vehicle are determined solely by the certificate…”
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