3905.422 Homes service contract are consumer transactions. - Ohio Statutes

3905.422 Homes service contract are consumer transactions.

(A) As used in this section:

(1) “Home service contract” means a contract, however described or denominated by the issuer of the contract, whereby, for a predetermined fee, a person undertakes to repair or replace all or any part of any structural component, appliance, or system of a home necessitated by wear and tear, deterioration, or inherent defect that occurs on or after the effective date of the home service contract.

(2) “Appliance” includes a stove, refrigerator, dishwasher, and any similar piece of equipment.

(3) “Structural component” includes the roof, foundation, basement, walls, ceiling, and similar components of a home.

(4) “System” includes the heating, cooling, plumbing, electrical system, and similar systems of a home.

(B) A home service contract is not insurance and its sale or issuance is not governed by the laws of this state relating to insurance, except a home service contract issued by a licensed property and casualty insurance company as an insurance policy shall be governed by the laws of this state relating to insurance.

(C) The sale or other issuance of a home service contract constitutes a consumer transaction for purposes of Chapter 1345. of the Revised Code. A person who purchases or is entitled to the benefits of a home service contract is a consumer as defined in division (D) of section 1345.01 of the Revised Code.

Effective Date: 08-06-2004