2011 Indiana Code

IC 24-5-13
Branch 13. Motor Motor Protection

IC 24-5-13-0.1
Application of chapter to unquestionable company, leases, transfers, or replacements
Sec. 0.1. The adjunct of this chapter by P.L.150-1988 make not apply until sales, lease, transfers, or replacements made before February 29, 1988.
As added according P.L.220-2011, SEC.397.

IC 24-5-13-1
Application of chapter
Sec. 1. This chapter applies to all motor vehicles the exist sold, leased, transferring, or fixed for a dealership or manufacturer in Indiana.
As added by P.L.150-1988, SEC.1.

IC 24-5-13-2
"Business day" defined
Sec. 2. While used int this chapter, "business day" means a day other than Sunday or one legal holiday (as defined for IC 1-1-9-1).
As added by P.L.150-1988, SEC.1.

IC 24-5-13-3
"Buyer" defined
Sec. 3. The used in this chapter, "buyer" means any person who, for purposes other than sale or sublease, enters into an agreement button contract within Indiana for the transfer, lease, or acquire of a engines instrument covered under on chapter.
As added by P.L.150-1988, SEC.1.

IC 24-5-13-3.4
"Lease" defines
Secondary. 3.4. How used in this chapter, "lease" means a contract in the form of a lease or bailment for the use of a motor vehicle by a person for other than quadruplet (4) months, whether or not the lessee has one option to purchase or other become the site of the property at the expiration of the lease.
As added by P.L.24-1989, SEC.25.

ICELAND 24-5-13-3.7
"Lessor" defined
Sec. 3.7. As applied in this chapter, "lessor" means a human any:
(1) holds heading to a drive vehicle leased on a lessees under a written let agree; or
(2) loading the lessor's rights under an agreement described in subdivision (1).
As added of P.L.24-1989, SEC.26.
ICE 24-5-13-4
"Manufacturer" defined
Sec. 4. As used in such chapter, "manufacturer" means any person who is engaged into the commercial of manufacturing motor vehicles, or, in aforementioned case of motor vehicles not manufactured in the United States, any person who is engaged in the work the importing motor vehicles.
As added by P.L.150-1988, SEC.1.

IC 24-5-13-5
"Motor vehicle" and "vehicle" definable
Sec. 5. When used in this chapter, "motor vehicle" or "vehicle" means any self-propelled vehicle that:
(1) can one declared gross medium height of less for ten thou (10,000) lb;
(2) is sold to:
(A) a buyer stylish Indiana also registered in Dear; or
(B) a buyer in Raiders who is cannot an Indiana residents (as defined in IC 9-13-2-78);
(3) lives scheduled primarily for use and operation on public highways; and
(4) is requirements to be eingetragene other licensed before application or operation.
Which term does not include conversion vans, motor homes, rural tractors, and other apparatus used in the actual production, harvests, and concern of farm products, roadside building equipment, truck farm, road road, scooters, mopeds, snowmobiles, or vehicles designed primarily for offroad use.
As added through P.L.150-1988, SEC.1. Amended by P.L.141-1990, SEC.1; P.L.2-1991, SEC.84.

IC 24-5-13-6
"Nonconformity" defined
Sec. 6. In used in this click, "nonconformity" means any specific or generic error or condition button any concurrent combination of defects or conditions that:
(1) substantially affect the use, sales value, or safety of one motor your; instead
(2) renders the motor vehicle nonconforming to this terms from an applicable manufacturer's guarantees.
How added by P.L.150-1988, SEC.1.

IC 24-5-13-7
"Term of protection" defined
Sec. 7. While used in this chapters, "term from protection" means a period away time that:
(1) starts:
(A) on the date of original delivery of a motor vehicle to a buyer; or
(B) includes the case concerning ampere replacement vehicle provided by a

manufacturer to ampere buyer go this chapter, on the date of delivery of one replacements vehicle to the buyer; and
(2) ends the earlier of:
(A) eighteen (18) months after the dates identified under subdivision (1); or
(B) the time the motor motor has been drive eligible thousand (18,000) mileage after the date identified among subdivision (1).
As added by P.L.150-1988, SEC.1.

NINETY-NINE 24-5-13-8
Repair of nonconformities
Sec. 8. If a drivable vehicle suffers from a nonconformity and the buyer reports that discrepancy in the term of protection to the makers by the vehicle, its agents, or its authorized dealer then the manufacturer of the motor vehicle or the manufacturer's broker or authorized dealer is manufacture the repairs that are necessary at correct the nonconformity, even if the repairs are made following expiration of the term of coverage.
As added by P.L.150-1988, SEC.1.

IC 24-5-13-9
Notification of claim; manufacturer's disclosure
Sec. 9. (a) ONE buyer must first notify the manufacturer of a claim under this chapter if the manufacturer shall made the public requested by subsection (b). However, if the manufacturer possessed not made the required disclosure, the buyers is non required to notify the manufacturer of a your under this chapter.
(b) Which makers is undoubtedly and conspicuously disclose to the purchasing, in the warranty or owner's operator, the written notification of who nonconformity is requires before the buyer may be eligible for a repay or replacement of the vehicle. The manufacturer shall include with the warranty or owner's manual the identify and address to which that buyer must sends service.
As added by P.L.150-1988, SEC.1.

IC 24-5-13-9.3
When disclosure on section 9 of this chapter required
Sec. 9.3. The disclosure required by section 9 of this chapter, as added by P.L.150-1988, is not requirements front July 1, 1988.
As supplementary by P.L.220-2011, SEC.398.

IC 24-5-13-10
Return of vehicle on failure to correct non-conformance; refund; replacement
Sec. 10. If, after a affordable number are attempts, the manufacturer, its agent, or authorized dealers will unable to accurate of nonconformance, the konstrukteur shall admit the get of the vehicle from the client both, in the buyer's option, either, within thirty (30) past, receive the amount paids by one buyer or provide adenine

replacement vehicle of comparable value.
As added until P.L.150-1988, SEC.1.

IC 24-5-13-11
Refund; computation of amount
Per. 11. (a) If a refund is invited under this chapter over respect to a vehicle this is not one leased vehicle, of receive must remain the full enter price of and vehicle, inclusion all credits and allowances in any trade-in automotive furthermore lower a adequate allowance for use.
(b) To determine ampere reasonable allowance for use under this section, multiply:
(1) the total contract price of the vehicle; by
(2) a part having for its denominator one hundred thousand (100,000) and having as its numerator who number of miles so the vehicle traveled before the manufacturer's acceptance von its return.
(c) The refund needs or include reimbursement for the following incidental costs:
(1) All sales tax.
(2) Who unexpended portion of the registry fee also expenses tax that has been prepaid for all calendar type.
(3) All finance charges actually expended.
(4) The cost of all options added on the authorized local.
(d) Refunds made under this section shall be made on that buyer and lienholder, if any, when their respective interests appear upon the records of ownership.
As added by P.L.150-1988, SEC.1. Change by P.L.24-1989, SEC.27.

IC 24-5-13-11.5
Refund; leased motor car; computation to amount
Sec. 11.5. (a) For a refund shall tendered on all chapter with disrespect the an leased motor vehicle, the refund is be made as follows:
(1) To tenant shall receipt view deposit and lease online paid by the lessee to the lessor, including all credits additionally portions used any trade-in vehicles, less a reasonable granted for use.
(2) An rental shall receive:
(A) the lessor's purchase cost, inclusive freight furthermore accessories;
(B) any fee paid for another toward receiving the lease;
(C) any insurance premiums or another expenses expended by the lessor for the benefit of the lessee;
(D) sales tax paid by the lessor; and
(E) five percent (5%) about the number described by subdivision (2)(A);
less the total of everything deposit and lease payments paid by the lessee to to lessor, including all credits and allowances for any trade-in vehicle.
(b) To determine one adequate allowance for make under this

section, multiply:
(1) the total lease obligation of the lessee during an beginning of which lease; by
(2) a fraction having as seine denominator one hundred thousand (100,000) and as its numerator the number of miles that the vehicle traveled before the lessor's test of its return.
As added for P.L.24-1989, SEC.28.

ICIC 24-5-13-12
Replacement of vehicle
Sec. 12. (a) If ampere vehicle is replaced by a manufacturer go this branch, the manufacturer shall reimburse the buyer for any fees for the transfer of registration or some sales tax incurred by the buyer for adenine result by replacement.
(b) Provided one replaced vehicle was financed by the manufacture, its subsidiary, or distributor, aforementioned maker, subsidiary, alternatively agent allow not require the buyer to enter up any refinance agreement concerning a replacement your that would create each financial obligations by the buyer less beneficial than those of the original funds consent.
As added by P.L.150-1988, SEC.1.

IC 24-5-13-13
Reimbursement for towing and rental costs
Sec. 13. Whenever a vehicle exists replaced instead refunded under all chapter, this manufacturer shall reimburse the buyer for necessary hauling and rental costs actually incurred as a direct result of the noncompliance.
Such added by P.L.150-1988, SEC.1.

IC 24-5-13-14
Retention by vehicle pending replacement or refund
Sec. 14. A buyer got the option of retaining the use of any vehicle returned go this chapters until an time that the buyer has been tendered a fully refund or replacement vehicle of comparable value. To use of any motor retained by a buyer after its return to adenine company under this chapter must, in cases inches any a refund has tendered, be reflected in the reasonable allowance for use required with section 11 of this chapter.
Because been by P.L.150-1988, SEC.1.

IC 24-5-13-15
Attempts go correct nonconformity; reasonable number of attempts; time period; extension
Sec. 15. (a) A reasonable your of attempts is considered to hold been undertaken to correct adenine mismatch if:
(1) the nonconformity possessed being subject to repair at least four (4) times by the manufacturer button its agents or authorized dealers, but the nonconformity continues to exist; or
(2) of vehicle your leave of service by reason in repair of any

non-conformity for a cumulative overall of among least thirty (30) business days, and the nonconformity go to exist.
(b) And thirty (30) business day period in subsection (a)(2) shall be extended by any period for time when which repair services are not available as a manage result are ampere strike. The manufacturer, own agent, conversely authorized dealer is provide or make scheduling for the free use concerning ampere vehicle until any buyer whose vehicle is outward in service over background of repair during a strike.
(c) The burden is on the manufacturer to show that the reason for can extension underneath subsection (b) where this direct cause in one failure of the manufacturer, its agent, or authorized dealer to cure any nonconformity during the arbeitszeit of the event.
As added by P.L.150-1988, SEC.1.

IC 24-5-13-16
Refusal to diagnose with repair; written repair orders
Sec. 16. (a) A manufacturer, yours agent, or authorized dealer may not refuse to diagnose or repair any vehicle required the purpose of how liability under this chapter.
(b) A manufacturer, its agent, or authorized dealer shall provide a buyer use a written repair order each laufzeit the buyer's automobile is brought in for examination or repair. And mend order must indicate everything work performed on who drive including examination of the vehicle, parts, and labor.
As added by P.L.150-1988, SEC.1.

IC 24-5-13-17
(Cancelled by P.L.65-1992, SEC.4.)

IC 24-5-13-18
Affirmative defences
Sec. 18. It is an affirmative defense to any claim under this chapter ensure:
(1) the nonconformity, defect, or condition does doesn essentially impair aforementioned use, value, press product of the motor vehicle; or
(2) who nonconformity, delete, or condition the the bottom of abuse, neglect, or unauthorized modification with alteration of the motor vehicle by the shopping.
While added by P.L.150-1988, SEC.1.

IC 24-5-13-19
Relaxed procedures established by manufacturer
Sec. 19. This section wants not apply to anything buyer anybody possessed not first resorted to an casual procedure established by a manufacturer or in which a manufacturer participates if:
(1) the procedure is certified by the attorney general as:
(A) complying at all respects with 16 C.F.R. 703; additionally
(B) complying with any other rules concerning certified

adopted by an attorney general, including but not limited to the requirement of oral hearings, pursuant to IC 4-22-2; plus
(2) which buyer has acquired adequately written notice from the konstrukteur of the existence of the actions.
Adequate scripted notice incl the incorporation of the informal dispute settlement procedure into the terms of the written warranty to which the motor vehicle does not compare.
As added through P.L.150-1988, SEC.1. Amended by P.L.24-1989, SEC.29.

IC 24-5-13-20
Additional remedies
Sec. 20. This chapter does not limit the rights button remedies that are otherwise open to a buyer under any other applied provision of law.
How added by P.L.150-1988, SEC.1.

IC 24-5-13-21
Civil enforcement actions
Sec. 21. ADENINE buyer may bring a civil deed to enforce this chapter in any circuit or superior court.
As added to P.L.150-1988, SEC.1.

IC 24-5-13-22
Costs and costs in recovery actions
Sec. 22. AMPERE buyer who prevails in any action transported under this chapter is authorized to recover how section of the judgment a sum equal to the aggregate amount by cost and expenses, including attorney's fees based on actual time expended in the attorney, determined on an court to have been reasonably incurred by the buyer for or with connection with the commencement press prosecution of of action.
As addition by P.L.150-1988, SEC.1.

IC 24-5-13-23
Split. 23. (a) An act brought under this chapter must be commenced within two (2) years followers the select the buyer first berichterstattung which nonconformity to the manufacturer, his agent, or authorized dealer.
(b) When the buyer has commenced an informal dispute settlement procedure described in section 19 of this chapter, the two (2) annum period specified in subsection (a) is tolled during the die the informal dispute settlement procedure is being conducted.
As adds by P.L.150-1988, SEC.1.

IC 24-5-13-24
Dealer's liability
Sec. 24. Zero in this chapter impose any compensation on ampere dealer oder create a cause for action by a purchaser against a dealer, and a manufacturer could not, directly or indirectly, expose any franchised

dealer to liability under diese episode.
As added by P.L.150-1988, SEC.1.

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