Indiana Lemon Law Statutes

By Author: danielaiden
Total Articles: 19
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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:

1. holds title to a motor vehicle leased to a lessee under a written lease agreement; or

2. holds the lessor's rights under an agreement described in subdivision (1).
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:

1. has a declared gross vehicle weight of less than ten thousand (10,000) pounds;

2. is sold to:
1. a buyer in Indiana and registered in Indiana; or

2. a buyer in Indiana who is not an Indiana resident (as defined in IC9-13-2-78);

Indiana Lemon law IC24-5-13-16

Sec. 16.

1. A manufacturer, its agent, or authorized dealer may not refuse to diagnose or repair any vehicle for the purpose of avoiding liability under this chapter.

2. A manufacturer, its agent, or authorized dealer shall provide a buyer with a written repair order each time the buyer's vehicle is brought in for examination or repair. The repair order must indicate all work performed on the vehicle including examination of the vehicle, parts, and labor.

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:

1. the nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle; or

2. the nonconformity, defect, or condition is the result of abuse, neglect, or unauthorized modification or alteration of the motor vehicle by the buyer.

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:

1. the procedure is certified by the attorney general as:
1. complying in all respects with 16 C.F.R. 703; and

2. complying with any other rules concerning certification adopted by the attorney general, including but not limited to the requirement of oral hearings, pursuant to IC4-22-2; and

2. the buyer has received adequate written notice from the manufacturer of the existence of the procedure.

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.

1. An action brought under this chapter must be commenced within two (2) years following the date the buyer first reports the nonconformity to the manufacturer, its agent, or authorized dealer.

2. When the buyer has commenced an informal dispute settlement procedure described in section 19 of this chapter, the two (2) year period specified in subsection (a) is tolled during the time the informal dispute settlement procedure is being conducted.

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.

Additional narrative information on Magnusson-Moss, UCC and Indiana lemon laws on these pages is provided by T. Michael Flinn, attorney.