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Indiana

Indiana Lemon Law

Indiana Lemon law IC24-5-13

Chapter 13. Motor Vehicle Protection

Indiana Lemon law IC24-5-13-1

Sec. 1. This chapter applies to all motor vehicles that are sold, leased, transferred, or replaced by a dealer or manufacturer in Indiana.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-2

Sec. 2. As used in this chapter, “business day” means a day other than Sunday or a legal holiday (as defined in IC1-1-9-1).

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-3

Sec. 3. As used in this chapter, “buyer” means any person who, for purposes other than resale or sublease, enters into an agreement or contract within Indiana for the transfer, lease, or purchase of a motor vehicle covered under this chapter.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-3.4

Sec. 3.4. As 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 more than four (4) months, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease.

As added by P.L.24-1989, SEC.25.

Indiana Lemon law IC24-5-13-3.7

Sec. 3.7. As used in this chapter, “lessor” means a person who:

As added by P.L.24-1989, SEC.26.

Indiana Lemon law IC24-5-13-4

Sec. 4. As used in this chapter, “manufacturer” means any person who is engaged in the business of manufacturing motor vehicles, or, in the case of motor vehicles not manufactured in the United States, any person who is engaged in the business of importing motor vehicles.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-5

Sec. 5. As used in this chapter, “motor vehicle” or “vehicle” means any self-propelled vehicle that:

As added by P.L.150-1988, SEC.1. Amended by P.L.141-1990, SEC.1; P.L.2-1991, SEC.84.

Indiana Lemon law IC24-5-13-6

Sec. 6. As used in this chapter, “nonconformity” means any specific or generic defect or condition or any concurrent combination of defects or conditions that:

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-7

Sec. 7. As used in this chapter, “term of protection” means a period of time that:

As added by P.L.150-1988, SEC.1.

**Indiana Lemon law IC24-5-13-8 **

Sec. 8. If a motor vehicle suffers from a nonconformity and the buyer reports the nonconformity within the term of protection to the manufacturer of the vehicle, its agent, or its authorized dealer then the manufacturer of the motor vehicle or the manufacturer’s agent or authorized dealer shall make the repairs that are necessary to correct the nonconformity, even if the repairs are made after expiration of the term of protection.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-9

Sec. 9.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-10

Sec. 10. If, after a reasonable number of attempts, the manufacturer, its agent, or authorized dealer is unable to correct the nonconformity, the manufacturer shall accept the return of the vehicle from the buyer and, at the buyer’s option, either, within thirty (30) days, refund the amount paid by the buyer or provide a replacement vehicle of comparable value.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-11

Sec. 11.

As added by P.L.150-1988, SEC.1. Amended by P.L.24-1989, SEC.27.

Indiana Lemon law IC24-5-13-11.5

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Sec. 11.5.

As added by P.L.24-1989, SEC.28.

Indiana Lemon law IC24-5-13-12

Sec. 12.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-13

Sec. 13. Whenever a vehicle is replaced or refunded under this chapter, the manufacturer shall reimburse the buyer for necessary towing and rental costs actually incurred as a direct result of the nonconformity.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-14

Sec. 14. A buyer has the option of retaining the use of any vehicle returned under this chapter until the time that the buyer has been tendered a full refund or replacement vehicle of comparable value. The use of any vehicle retained by a buyer after its return to a manufacturer under this chapter must, in cases in which a refund is tendered, be reflected in the reasonable allowance for use required by section 11 of this chapter.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-15

Sec. 15.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-16

Sec. 16.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-17 Repealed

(Repealed by P.L.65-1992, SEC.4.)

Indiana Lemon law IC24-5-13-18

Sec. 18. It is an affirmative defense to any claim under this chapter that:

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-19

Sec. 19. This chapter does not apply to any buyer who has not first resorted to an informal procedure established by a manufacturer or in which a manufacturer participates if:

Adequate written notice includes the incorporation of the informal dispute settlement procedure into the terms of the written warranty to which the motor vehicle does not conform.

As added by P.L.150-1988, SEC.1. Amended by P.L.24-1989, SEC.29.

Indiana Lemon law IC24-5-13-20

Sec. 20. This chapter does not limit the rights or remedies that are otherwise available to a buyer under any other applicable provision of law.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-21

Sec. 21. A buyer may bring a civil action to enforce this chapter in any circuit or superior court.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-22

Sec. 22. A buyer who prevails in any action brought under this chapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses, including attorney’s fees based on actual time expended by the attorney, determined by the court to have been reasonably incurred by the buyer for or in connection with the commencement and prosecution of the action.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-23

Sec. 23.

As added by P.L.150-1988, SEC.1.

Indiana Lemon law IC24-5-13-24

Sec. 24. Nothing in this chapter imposes any liability on a dealer or creates a cause of action by a consumer against a dealer, and a manufacturer may not, directly or indirectly, expose any franchised dealer to liability under this chapter.

As added by P.L.150-1988, SEC.1.