CHAPTER 13.5. BUYBACK VEHICLE DISCLOSURE
IC 24-5-13.5
Chapter 13.5. Buyback Vehicle Disclosure
IC 24-5-13.5-1
Application of chapter
Sec. 1. This chapter applies to all motor vehicles that are sold,leased, transferred, or replaced by a dealer or manufacturer inIndiana.
As added by P.L.65-1992, SEC.3.
IC 24-5-13.5-2
"Bureau" defined
Sec. 2. As used in this chapter, "bureau" refers to the bureau ofmotor vehicles created by IC 9-14-1-1.
As added by P.L.65-1992, SEC.3.
IC 24-5-13.5-3
"Buyback vehicle" defined
Sec. 3. As used in this chapter, "buyback vehicle" means a motorvehicle that has been replaced or repurchased by a manufacturer ora nonresident manufacturer's agent or an authorized dealer, eitherunder this chapter or IC 24-5-13 by judgment, decree, arbitrationaward, settlement agreement, or voluntary agreement in Indiana oranother state, but does not include a motor vehicle that wasrepurchased pursuant to a guaranteed repurchase or satisfactionprogram advertised by the manufacturer and was not alleged or foundto have a nonconformity as defined in IC 24-5-13-6.
As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.2.
IC 24-5-13.5-4
"Buyer" defined
Sec. 4. As used in this chapter, "buyer" means a person who, forpurposes other than resale or sublease, enters into an agreement or acontract within Indiana for the transfer, lease, or purchase of abuyback vehicle.
As added by P.L.65-1992, SEC.3.
IC 24-5-13.5-5
"Dealer" defined
Sec. 5. As used in this chapter, "dealer" means a person engagedin the business of buying, selling, leasing, or exchanging motorvehicles. A person is a "dealer" under this section if the person sells,leases, or advertises the sale or lease of more than four (4) motorvehicles within a twelve (12) month period.
As added by P.L.65-1992, SEC.3.
IC 24-5-13.5-6
"Manufacturer" defined
Sec. 6. As used in this chapter, "manufacturer" has the meaningset forth in IC 24-5-13-4.As added by P.L.65-1992, SEC.3.
IC 24-5-13.5-7
"Motor vehicle" defined
Sec. 7. As used in this chapter, "motor vehicle" has the meaningset forth in IC 24-5-13-5.
As added by P.L.65-1992, SEC.3.
IC 24-5-13.5-8
"Nonconformity" defined
Sec. 8. As used in this chapter, "nonconformity" has the meaningset forth in IC 24-5-13-6.
As added by P.L.65-1992, SEC.3.
IC 24-5-13.5-9
"Warranty" defined
Sec. 9. As used in this chapter, "warranty" means:
(1) a written warranty issued by the manufacturer; or
(2) an affirmation of fact or promise made by the manufacturer,excluding statements made by the dealer;
in connection with the sale or lease of a motor vehicle to a consumerthat relates to the nature of the material or workmanship and affirmsor promises that such material or workmanship is free of defects orwill meet a specified level of performance.
As added by P.L.65-1992, SEC.3.
IC 24-5-13.5-10
Resale; conditions
Sec. 10. A buyback motor vehicle may not be resold in Indianaunless the following conditions have been met:
(1) The manufacturer provides the same express warranty themanufacturer provided to the original purchaser, except that theterm of the warranty need only last for twelve thousand(12,000) miles or twelve (12) months after the date of resale.
(2) The following disclosure language must be conspicuouslycontained in a contract for the sale or lease of a buyback vehicleto a consumer or contained in a form affixed to the contract:
"IMPORTANT
This vehicle was previously sold as new. It was subsequentlyreturned to the manufacturer or authorized dealer in exchangefor a replacement vehicle or a refund because it did not conformto the manufacturer's express warranty and the nonconformitywas not cured within a reasonable time as provided by Indianalaw.".
(3) The manufacturer provides the dealer a separate documentwith a written statement identifying the vehicle conditions thatformed the basis for the previous owner's or lessee'sdissatisfaction and the steps taken to deal with thatdissatisfaction in 10-point all capital type.
As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.3.
IC 24-5-13.5-11
Express warranty; written statement of disclosure; buyer'sacknowledgment of disclosure
Sec. 11. Before reselling a buyback motor vehicle in Indiana, adealer must provide to the buyer the express warranty required bysection 10(1) of this chapter and the written statement of disclosurerequired by section 10(3) of this chapter and obtain the buyer'sacknowledgment of this disclosure at the time of sale or lease asevidenced by the buyer's signature on the statement of disclosure.
As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.4.
IC 24-5-13.5-12
Manufacturer's acceptance of return of buyback vehicle; duties
Sec. 12. A manufacturer who accepts return of a motor vehiclethat is considered a buyback vehicle under this chapter shall do thefollowing:
(1) Before transferring ownership of the buyback vehicle, stampthe words "Manufacturer Buyback . Disclosure on File" on theface of the original certificate of title.
(2) Not more than thirty-one (31) days after receipt of thecertificate of title, apply to the bureau for a certificate of title inthe name of the manufacturer and provide to the bureau a copyof the disclosure document required by section 10(3) of thischapter.
As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.5.
IC 24-5-13.5-13
Failure to comply; liability; actual damages; privity; prima facieevidence of violation; limitation of actions
Sec. 13. (a) A person who fails to comply with section 10, 11, or12 of this chapter is liable for the following:
(1) Actual damages or the value of the consideration, at theelection of the buyer.
(2) The costs of an action to recover damages and reasonableattorney's fees.
(3) Not more than three (3) times the value of the actualdamages or the consideration as exemplary damages.
(4) Other equitable relief, including restitution, as is consideredproper in addition to damages and costs.
(b) Actual damages under this section include the following:
(1) The difference between the actual market value of thevehicle at the time of purchase and the contract price of thevehicle.
(2) Towing, repair, and storage expenses.
(3) Rental of substitute transportation.
(4) Food and lodging expenses.
(5) Lost wages.
(6) Finance charges.
(7) Sales or use tax or other governmental fees.
(8) Lease charges. (9) Other incidental and consequential damages.
(c) Lack of privity is not a bar to an action under this section.
(d) This subsection does not apply to consent orders or stipulatedjudgments in which there is no admission of liability by thedefendant. A permanent injunction, final judgment, or final order ofthe court obtained by the attorney general under section 14 of thischapter is prima facie evidence in an action brought under thissection that the defendant has violated section 10, 11, or 12 of thischapter.
(e) An action to enforce liability under this section may bebrought within two (2) years from the date of discovery by the buyer.
As added by P.L.65-1992, SEC.3. Amended by P.L.1-1993, SEC.195;P.L.118-1993, SEC.6.
IC 24-5-13.5-14
Deceptive acts; remedies and penalties
Sec. 14. A manufacturer or dealer who fails to comply withsection 10, 11, or 12 of this chapter, as applicable to themanufacturer or dealer, commits a deceptive act that is actionable bythe attorney general under IC 24-5-0.5-4 and is subject to theremedies and penalties set forth in IC 24-5-0.5.
As added by P.L.65-1992, SEC.3. Amended by P.L.118-1993, SEC.7.