IC 23-2-2.7
Chapter 2.7. Deceptive Franchise Practices
IC 23-2-2.7-1 Franchise agreement; unlawful provisions
Sec. 1. It is unlawful for any franchise agreement entered into
between any franchisor and a franchisee who is either a resident of
Indiana or a nonresident who will be operating a franchise in Indiana
to contain any of the following provisions:
(1) Requiring goods, supplies, inventories, or services to be
purchased exclusively from the franchisor or sources designated
by the franchisor where such goods, supplies, inventories, or
services of comparable quality are available from sources other
than those designated by the franchisor. However, the
publication by the franchisor of a list of approved suppliers of
goods, supplies, inventories, or service or the requirement that
such goods, supplies, inventories, or services comply with
specifications and standards prescribed by the franchisor does
not constitute designation of a source nor does a reasonable
right of the franchisor to disapprove a supplier constitute a
designation. This subdivision does not apply to the principal
goods, supplies, inventories, or services manufactured or
trademarked by the franchisor.
(2) Allowing the franchisor to establish a franchisor-owned
outlet engaged in a substantially identical business to that of the
franchisee within the exclusive territory granted the franchisee
by the franchise agreement; or, if no exclusive territory is
designated, permitting the franchisor to compete unfairly with
the franchisee within a reasonable area.
(3) Allowing substantial modification of the franchise
agreement by the franchisor without the consent in writing of
the franchisee.
(4) Allowing the franchisor to obtain money, goods, services, or
any other benefit from any other person with whom the
franchisee does business, on account of, or in relation to, the
transaction between the franchisee and the other person, other
than for compensation for services rendered by the franchisor,
unless the benefit is promptly accounted for, and transmitted to
the franchisee.
(5) Requiring the franchisee to prospectively assent to a release,
assignment, novation, waiver, or estoppel which purports to
relieve any person from liability to be imposed by this chapter
or requiring any controversy between the franchisee and the
franchisor to be referred to any person, if referral would be
binding on the franchisee. This subdivision does not apply to
arbitration before an independent arbitrator.
(6) Allowing for an increase in prices of goods provided by the
franchisor which the franchisee had ordered for private retail
consumers prior to the franchisee's receipt of an official price
increase notification. A sales contract signed by a private retail
consumer shall constitute evidence of each order. Price changes
applicable to new models of a product at the time of
introduction of such new models shall not be considered a price
increase. Price increases caused by conformity to a state or
federal law, or the revaluation of the United States dollar in the
case of foreign-made goods, are not subject to this subdivision.
(7) Permitting unilateral termination of the franchise if such
termination is without good cause or in bad faith. Good cause
within the meaning of this subdivision includes any material
violation of the franchise agreement.
(8) Permitting the franchisor to fail to renew a franchise without
good cause or in bad faith. This chapter shall not prohibit a
franchise agreement from providing that the agreement is not
renewable upon expiration or that the agreement is renewable
if the franchisee meets certain conditions specified in the
agreement.
(9) Requiring a franchisee to covenant not to compete with the
franchisor for a period longer than three (3) years or in an area
greater than the exclusive area granted by the franchise
agreement or, in absence of such a provision in the agreement,
an area of reasonable size, upon termination of or failure to
renew the franchise.
(10) Limiting litigation brought for breach of the agreement in
any manner whatsoever.
(11) Requiring the franchisee to participate in any:
(A) advertising campaign or contest;
(B) promotional campaign;
(C) promotional materials; or
(D) display decorations or materials;
at an expense to the franchisee that is indeterminate, determined
by a third party, or determined by a formula, unless the
franchise agreement specifies the maximum percentage of gross
monthly sales or the maximum absolute sum that the franchisee
may be required to pay. As added by Acts 1976, P.L.116, SEC.1. Amended by P.L.233-1985,
SEC.5; P.L.11-1987, SEC.27.
IC 23-2-2.7-2 Franchise agreement; unlawful acts and practices
Sec. 2. It is unlawful for any franchisor who has entered into any
franchise agreement with a franchisee who is either a resident of
Indiana or a nonresident operating a franchise in Indiana to engage
in any of the following acts and practices in relation to the
agreement:
(1) Coercing the franchisee to:
(i) order or accept delivery of any goods, supplies,
inventories, or services which are neither necessary to the
operation of the franchise, required by the franchise
agreement, required by law, nor voluntarily ordered by the
franchisee;
(ii) order or accept delivery of any goods offered for sale by
the franchisee which includes modifications or accessories
which are not included in the base price of those goods as
publicly advertised by the franchisor;
(iii) participate in an advertising campaign or contest, any
promotional campaign, promotional materials, display
decorations, or materials at an expense to the franchisee over
and above the maximum percentage of gross monthly sales
or the maximum absolute sum required to be spent by the
franchisee provided for in the franchise agreement; in the
absence of such provision for required advertising
expenditures in the franchise agreement, no such
participation may be required; or
(iv) enter into any agreement with the franchisor or any
designee of the franchisor, or do any other act prejudicial to
the franchisee, by threatening to cancel or fail to renew any
agreement between the franchisee and the franchisor. Notice
in good faith to any franchisee of the franchisee's violation
of the terms or provisions of a franchise or agreement does
not constitute a violation of this subdivision.
(2) Refusing or failing to deliver in reasonable quantities and
within a reasonable time after receipt of an order from a
franchisee for any goods, supplies, inventories, or services
which the franchisor has agreed to supply to the franchisee,
unless the failure is caused by acts or causes beyond the control
of the franchisor.
(3) Denying the surviving spouse, heirs, or estate of a deceased
franchisee the opportunity to participate in the ownership of the
franchise under a valid franchise agreement for a reasonable
time after the death of the franchisee, provided that the
surviving spouse, heirs, or estate maintains all standards and
obligations of the franchise.
(4) Establishing a franchisor-owned outlet engaged in a
substantially identical business to that of the franchisee within
the exclusive territory granted the franchisee by the franchise
agreement or, if no exclusive territory is designated, competing
unfairly with the franchisee within a reasonable area. However,
a franchisor shall not be considered to be competing when
operating a business either temporarily for a reasonable period
of time, or in a bona fide retail operation which is for sale to
any qualified independent person at a fair and reasonable price,
or in a bona fide relationship in which an independent person
has made a significant investment subject to loss in the business
operation and can reasonably expect to acquire full ownership
of such business on reasonable terms and conditions.
(5) Discriminating unfairly among its franchisees or
unreasonably failing or refusing to comply with any terms of a
franchise agreement.
(6) Obtaining money, goods, services, or any other benefit from
any other person with whom the franchisee does business, on
account of, or in relation to, the transaction between the
franchisee and the other person, other than compensation for
services rendered by the franchisor, unless the benefit is
promptly accounted for, and transmitted to the franchisee.
(7) Increasing prices of goods provided by the franchisor which
the franchisee had ordered for retail consumers prior to the
franchisee's receipt of a written official price increase
notification. Price increases caused by conformity to a state or
federal law, the revaluation of the United States dollar in the
case of foreign-made goods or pursuant to the franchise
agreement are not subject to this subdivision.
(8) Using deceptive advertising or engaging in deceptive acts in
connection with the franchise or the franchisor's business. As added by Acts 1976, P.L.116, SEC.1. Amended by P.L.233-1985,
SEC.6.
IC 23-2-2.7-3 Termination or election not to renew franchise; notice
Sec. 3. Unless otherwise provided in the agreement, any
termination of a franchise or election not to renew a franchise must
be made on at least ninety (90) day's notice. As added by Acts 1976, P.L.116, SEC.1.
IC 23-2-2.7-4 Action to recover damages or reform franchise agreement
Sec. 4. Any franchisee who is a party to a franchise agreement
entered into or renewed after July 1, 1976 which contains any
provision set forth in Section 1 of this chapter or who is injured by
an unfair act or practice set forth in Section 2 of this chapter may
bring an action to recover damages, or reform the franchise
agreement. As added by Acts 1976, P.L.116, SEC.1.
IC 23-2-2.7-5 Franchise defined
Sec. 5. For the purposes of this chapter, franchise means any
franchise as defined in IC 23-2-2.5-1, clauses (a) (1) (2) and (3), and
any agreement meeting the provisions of IC 23-2-2.5-1, clauses (a)
(1) and (2) which relates to the business of selling automobiles
and/or trucks and the business of selling gasoline and/or oil primarily
for use in vehicles with or without the sale of accessory items. As added by Acts 1976, P.L.116, SEC.1.
IC 23-2-2.7-6 Application of chapter
Sec. 6. The provisions of this chapter apply only to agreements
entered into or renewed, or act or practice occurring after July 1,
1976. As added by Acts 1976, P.L.116, SEC.1. IC 23-2-2.7-7 Limitation of actions
Sec. 7. No action may be brought for a violation of this chapter
more than two (2) years after the violation. As added by Acts 1976, P.L.116, SEC.1.
IC 23-2-2.7
Chapter 2.7. Deceptive Franchise Practices
IC 23-2-2.7-1 Franchise agreement; unlawful provisions
Sec. 1. It is unlawful for any franchise agreement entered into
between any franchisor and a franchisee who is either a resident of
Indiana or a nonresident who will be operating a franchise in Indiana
to contain any of the following provisions:
(1) Requiring goods, supplies, inventories, or services to be
purchased exclusively from the franchisor or sources designated
by the franchisor where such goods, supplies, inventories, or
services of comparable quality are available from sources other
than those designated by the franchisor. However, the
publication by the franchisor of a list of approved suppliers of
goods, supplies, inventories, or service or the requirement that
such goods, supplies, inventories, or services comply with
specifications and standards prescribed by the franchisor does
not constitute designation of a source nor does a reasonable
right of the franchisor to disapprove a supplier constitute a
designation. This subdivision does not apply to the principal
goods, supplies, inventories, or services manufactured or
trademarked by the franchisor.
(2) Allowing the franchisor to establish a franchisor-owned
outlet engaged in a substantially identical business to that of the
franchisee within the exclusive territory granted the franchisee
by the franchise agreement; or, if no exclusive territory is
designated, permitting the franchisor to compete unfairly with
the franchisee within a reasonable area.
(3) Allowing substantial modification of the franchise
agreement by the franchisor without the consent in writing of
the franchisee.
(4) Allowing the franchisor to obtain money, goods, services, or
any other benefit from any other person with whom the
franchisee does business, on account of, or in relation to, the
transaction between the franchisee and the other person, other
than for compensation for services rendered by the franchisor,
unless the benefit is promptly accounted for, and transmitted to
the franchisee.
(5) Requiring the franchisee to prospectively assent to a release,
assignment, novation, waiver, or estoppel which purports to
relieve any person from liability to be imposed by this chapter
or requiring any controversy between the franchisee and the
franchisor to be referred to any person, if referral would be
binding on the franchisee. This subdivision does not apply to
arbitration before an independent arbitrator.
(6) Allowing for an increase in prices of goods provided by the
franchisor which the franchisee had ordered for private retail
consumers prior to the franchisee's receipt of an official price
increase notification. A sales contract signed by a private retail
consumer shall constitute evidence of each order. Price changes
applicable to new models of a product at the time of
introduction of such new models shall not be considered a price
increase. Price increases caused by conformity to a state or
federal law, or the revaluation of the United States dollar in the
case of foreign-made goods, are not subject to this subdivision.
(7) Permitting unilateral termination of the franchise if such
termination is without good cause or in bad faith. Good cause
within the meaning of this subdivision includes any material
violation of the franchise agreement.
(8) Permitting the franchisor to fail to renew a franchise without
good cause or in bad faith. This chapter shall not prohibit a
franchise agreement from providing that the agreement is not
renewable upon expiration or that the agreement is renewable
if the franchisee meets certain conditions specified in the
agreement.
(9) Requiring a franchisee to covenant not to compete with the
franchisor for a period longer than three (3) years or in an area
greater than the exclusive area granted by the franchise
agreement or, in absence of such a provision in the agreement,
an area of reasonable size, upon termination of or failure to
renew the franchise.
(10) Limiting litigation brought for breach of the agreement in
any manner whatsoever.
(11) Requiring the franchisee to participate in any:
(A) advertising campaign or contest;
(B) promotional campaign;
(C) promotional materials; or
(D) display decorations or materials;
at an expense to the franchisee that is indeterminate, determined
by a third party, or determined by a formula, unless the
franchise agreement specifies the maximum percentage of gross
monthly sales or the maximum absolute sum that the franchisee
may be required to pay. As added by Acts 1976, P.L.116, SEC.1. Amended by P.L.233-1985,
SEC.5; P.L.11-1987, SEC.27.
IC 23-2-2.7-2 Franchise agreement; unlawful acts and practices
Sec. 2. It is unlawful for any franchisor who has entered into any
franchise agreement with a franchisee who is either a resident of
Indiana or a nonresident operating a franchise in Indiana to engage
in any of the following acts and practices in relation to the
agreement:
(1) Coercing the franchisee to:
(i) order or accept delivery of any goods, supplies,
inventories, or services which are neither necessary to the
operation of the franchise, required by the franchise
agreement, required by law, nor voluntarily ordered by the
franchisee;
(ii) order or accept delivery of any goods offered for sale by
the franchisee which includes modifications or accessories
which are not included in the base price of those goods as
publicly advertised by the franchisor;
(iii) participate in an advertising campaign or contest, any
promotional campaign, promotional materials, display
decorations, or materials at an expense to the franchisee over
and above the maximum percentage of gross monthly sales
or the maximum absolute sum required to be spent by the
franchisee provided for in the franchise agreement; in the
absence of such provision for required advertising
expenditures in the franchise agreement, no such
participation may be required; or
(iv) enter into any agreement with the franchisor or any
designee of the franchisor, or do any other act prejudicial to
the franchisee, by threatening to cancel or fail to renew any
agreement between the franchisee and the franchisor. Notice
in good faith to any franchisee of the franchisee's violation
of the terms or provisions of a franchise or agreement does
not constitute a violation of this subdivision.
(2) Refusing or failing to deliver in reasonable quantities and
within a reasonable time after receipt of an order from a
franchisee for any goods, supplies, inventories, or services
which the franchisor has agreed to supply to the franchisee,
unless the failure is caused by acts or causes beyond the control
of the franchisor.
(3) Denying the surviving spouse, heirs, or estate of a deceased
franchisee the opportunity to participate in the ownership of the
franchise under a valid franchise agreement for a reasonable
time after the death of the franchisee, provided that the
surviving spouse, heirs, or estate maintains all standards and
obligations of the franchise.
(4) Establishing a franchisor-owned outlet engaged in a
substantially identical business to that of the franchisee within
the exclusive territory granted the franchisee by the franchise
agreement or, if no exclusive territory is designated, competing
unfairly with the franchisee within a reasonable area. However,
a franchisor shall not be considered to be competing when
operating a business either temporarily for a reasonable period
of time, or in a bona fide retail operation which is for sale to
any qualified independent person at a fair and reasonable price,
or in a bona fide relationship in which an independent person
has made a significant investment subject to loss in the business
operation and can reasonably expect to acquire full ownership
of such business on reasonable terms and conditions.
(5) Discriminating unfairly among its franchisees or
unreasonably failing or refusing to comply with any terms of a
franchise agreement.
(6) Obtaining money, goods, services, or any other benefit from
any other person with whom the franchisee does business, on
account of, or in relation to, the transaction between the
franchisee and the other person, other than compensation for
services rendered by the franchisor, unless the benefit is
promptly accounted for, and transmitted to the franchisee.
(7) Increasing prices of goods provided by the franchisor which
the franchisee had ordered for retail consumers prior to the
franchisee's receipt of a written official price increase
notification. Price increases caused by conformity to a state or
federal law, the revaluation of the United States dollar in the
case of foreign-made goods or pursuant to the franchise
agreement are not subject to this subdivision.
(8) Using deceptive advertising or engaging in deceptive acts in
connection with the franchise or the franchisor's business. As added by Acts 1976, P.L.116, SEC.1. Amended by P.L.233-1985,
SEC.6.
IC 23-2-2.7-3 Termination or election not to renew franchise; notice
Sec. 3. Unless otherwise provided in the agreement, any
termination of a franchise or election not to renew a franchise must
be made on at least ninety (90) day's notice. As added by Acts 1976, P.L.116, SEC.1.
IC 23-2-2.7-4 Action to recover damages or reform franchise agreement
Sec. 4. Any franchisee who is a party to a franchise agreement
entered into or renewed after July 1, 1976 which contains any
provision set forth in Section 1 of this chapter or who is injured by
an unfair act or practice set forth in Section 2 of this chapter may
bring an action to recover damages, or reform the franchise
agreement. As added by Acts 1976, P.L.116, SEC.1.
IC 23-2-2.7-5 Franchise defined
Sec. 5. For the purposes of this chapter, franchise means any
franchise as defined in IC 23-2-2.5-1, clauses (a) (1) (2) and (3), and
any agreement meeting the provisions of IC 23-2-2.5-1, clauses (a)
(1) and (2) which relates to the business of selling automobiles
and/or trucks and the business of selling gasoline and/or oil primarily
for use in vehicles with or without the sale of accessory items. As added by Acts 1976, P.L.116, SEC.1.
IC 23-2-2.7-6 Application of chapter
Sec. 6. The provisions of this chapter apply only to agreements
entered into or renewed, or act or practice occurring after July 1,
1976. As added by Acts 1976, P.L.116, SEC.1. IC 23-2-2.7-7 Limitation of actions
Sec. 7. No action may be brought for a violation of this chapter
more than two (2) years after the violation. As added by Acts 1976, P.L.116, SEC.1.
IC 23-2-2.7
Chapter 2.7. Deceptive Franchise Practices
IC 23-2-2.7-1 Franchise agreement; unlawful provisions
Sec. 1. It is unlawful for any franchise agreement entered into
between any franchisor and a franchisee who is either a resident of
Indiana or a nonresident who will be operating a franchise in Indiana
to contain any of the following provisions:
(1) Requiring goods, supplies, inventories, or services to be
purchased exclusively from the franchisor or sources designated
by the franchisor where such goods, supplies, inventories, or
services of comparable quality are available from sources other
than those designated by the franchisor. However, the
publication by the franchisor of a list of approved suppliers of
goods, supplies, inventories, or service or the requirement that
such goods, supplies, inventories, or services comply with
specifications and standards prescribed by the franchisor does
not constitute designation of a source nor does a reasonable
right of the franchisor to disapprove a supplier constitute a
designation. This subdivision does not apply to the principal
goods, supplies, inventories, or services manufactured or
trademarked by the franchisor.
(2) Allowing the franchisor to establish a franchisor-owned
outlet engaged in a substantially identical business to that of the
franchisee within the exclusive territory granted the franchisee
by the franchise agreement; or, if no exclusive territory is
designated, permitting the franchisor to compete unfairly with
the franchisee within a reasonable area.
(3) Allowing substantial modification of the franchise
agreement by the franchisor without the consent in writing of
the franchisee.
(4) Allowing the franchisor to obtain money, goods, services, or
any other benefit from any other person with whom the
franchisee does business, on account of, or in relation to, the
transaction between the franchisee and the other person, other
than for compensation for services rendered by the franchisor,
unless the benefit is promptly accounted for, and transmitted to
the franchisee.
(5) Requiring the franchisee to prospectively assent to a release,
assignment, novation, waiver, or estoppel which purports to
relieve any person from liability to be imposed by this chapter
or requiring any controversy between the franchisee and the
franchisor to be referred to any person, if referral would be
binding on the franchisee. This subdivision does not apply to
arbitration before an independent arbitrator.
(6) Allowing for an increase in prices of goods provided by the
franchisor which the franchisee had ordered for private retail
consumers prior to the franchisee's receipt of an official price
increase notification. A sales contract signed by a private retail
consumer shall constitute evidence of each order. Price changes
applicable to new models of a product at the time of
introduction of such new models shall not be considered a price
increase. Price increases caused by conformity to a state or
federal law, or the revaluation of the United States dollar in the
case of foreign-made goods, are not subject to this subdivision.
(7) Permitting unilateral termination of the franchise if such
termination is without good cause or in bad faith. Good cause
within the meaning of this subdivision includes any material
violation of the franchise agreement.
(8) Permitting the franchisor to fail to renew a franchise without
good cause or in bad faith. This chapter shall not prohibit a
franchise agreement from providing that the agreement is not
renewable upon expiration or that the agreement is renewable
if the franchisee meets certain conditions specified in the
agreement.
(9) Requiring a franchisee to covenant not to compete with the
franchisor for a period longer than three (3) years or in an area
greater than the exclusive area granted by the franchise
agreement or, in absence of such a provision in the agreement,
an area of reasonable size, upon termination of or failure to
renew the franchise.
(10) Limiting litigation brought for breach of the agreement in
any manner whatsoever.
(11) Requiring the franchisee to participate in any:
(A) advertising campaign or contest;
(B) promotional campaign;
(C) promotional materials; or
(D) display decorations or materials;
at an expense to the franchisee that is indeterminate, determined
by a third party, or determined by a formula, unless the
franchise agreement specifies the maximum percentage of gross
monthly sales or the maximum absolute sum that the franchisee
may be required to pay. As added by Acts 1976, P.L.116, SEC.1. Amended by P.L.233-1985,
SEC.5; P.L.11-1987, SEC.27.
IC 23-2-2.7-2 Franchise agreement; unlawful acts and practices
Sec. 2. It is unlawful for any franchisor who has entered into any
franchise agreement with a franchisee who is either a resident of
Indiana or a nonresident operating a franchise in Indiana to engage
in any of the following acts and practices in relation to the
agreement:
(1) Coercing the franchisee to:
(i) order or accept delivery of any goods, supplies,
inventories, or services which are neither necessary to the
operation of the franchise, required by the franchise
agreement, required by law, nor voluntarily ordered by the
franchisee;
(ii) order or accept delivery of any goods offered for sale by
the franchisee which includes modifications or accessories
which are not included in the base price of those goods as
publicly advertised by the franchisor;
(iii) participate in an advertising campaign or contest, any
promotional campaign, promotional materials, display
decorations, or materials at an expense to the franchisee over
and above the maximum percentage of gross monthly sales
or the maximum absolute sum required to be spent by the
franchisee provided for in the franchise agreement; in the
absence of such provision for required advertising
expenditures in the franchise agreement, no such
participation may be required; or
(iv) enter into any agreement with the franchisor or any
designee of the franchisor, or do any other act prejudicial to
the franchisee, by threatening to cancel or fail to renew any
agreement between the franchisee and the franchisor. Notice
in good faith to any franchisee of the franchisee's violation
of the terms or provisions of a franchise or agreement does
not constitute a violation of this subdivision.
(2) Refusing or failing to deliver in reasonable quantities and
within a reasonable time after receipt of an order from a
franchisee for any goods, supplies, inventories, or services
which the franchisor has agreed to supply to the franchisee,
unless the failure is caused by acts or causes beyond the control
of the franchisor.
(3) Denying the surviving spouse, heirs, or estate of a deceased
franchisee the opportunity to participate in the ownership of the
franchise under a valid franchise agreement for a reasonable
time after the death of the franchisee, provided that the
surviving spouse, heirs, or estate maintains all standards and
obligations of the franchise.
(4) Establishing a franchisor-owned outlet engaged in a
substantially identical business to that of the franchisee within
the exclusive territory granted the franchisee by the franchise
agreement or, if no exclusive territory is designated, competing
unfairly with the franchisee within a reasonable area. However,
a franchisor shall not be considered to be competing when
operating a business either temporarily for a reasonable period
of time, or in a bona fide retail operation which is for sale to
any qualified independent person at a fair and reasonable price,
or in a bona fide relationship in which an independent person
has made a significant investment subject to loss in the business
operation and can reasonably expect to acquire full ownership
of such business on reasonable terms and conditions.
(5) Discriminating unfairly among its franchisees or
unreasonably failing or refusing to comply with any terms of a
franchise agreement.
(6) Obtaining money, goods, services, or any other benefit from
any other person with whom the franchisee does business, on
account of, or in relation to, the transaction between the
franchisee and the other person, other than compensation for
services rendered by the franchisor, unless the benefit is
promptly accounted for, and transmitted to the franchisee.
(7) Increasing prices of goods provided by the franchisor which
the franchisee had ordered for retail consumers prior to the
franchisee's receipt of a written official price increase
notification. Price increases caused by conformity to a state or
federal law, the revaluation of the United States dollar in the
case of foreign-made goods or pursuant to the franchise
agreement are not subject to this subdivision.
(8) Using deceptive advertising or engaging in deceptive acts in
connection with the franchise or the franchisor's business. As added by Acts 1976, P.L.116, SEC.1. Amended by P.L.233-1985,
SEC.6.
IC 23-2-2.7-3 Termination or election not to renew franchise; notice
Sec. 3. Unless otherwise provided in the agreement, any
termination of a franchise or election not to renew a franchise must
be made on at least ninety (90) day's notice. As added by Acts 1976, P.L.116, SEC.1.
IC 23-2-2.7-4 Action to recover damages or reform franchise agreement
Sec. 4. Any franchisee who is a party to a franchise agreement
entered into or renewed after July 1, 1976 which contains any
provision set forth in Section 1 of this chapter or who is injured by
an unfair act or practice set forth in Section 2 of this chapter may
bring an action to recover damages, or reform the franchise
agreement. As added by Acts 1976, P.L.116, SEC.1.
IC 23-2-2.7-5 Franchise defined
Sec. 5. For the purposes of this chapter, franchise means any
franchise as defined in IC 23-2-2.5-1, clauses (a) (1) (2) and (3), and
any agreement meeting the provisions of IC 23-2-2.5-1, clauses (a)
(1) and (2) which relates to the business of selling automobiles
and/or trucks and the business of selling gasoline and/or oil primarily
for use in vehicles with or without the sale of accessory items. As added by Acts 1976, P.L.116, SEC.1.
IC 23-2-2.7-6 Application of chapter
Sec. 6. The provisions of this chapter apply only to agreements
entered into or renewed, or act or practice occurring after July 1,
1976. As added by Acts 1976, P.L.116, SEC.1. IC 23-2-2.7-7 Limitation of actions
Sec. 7. No action may be brought for a violation of this chapter
more than two (2) years after the violation. As added by Acts 1976, P.L.116, SEC.1.
