reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-4. "Real Property Improvement Contract"

Sec. 4. As used in this chapter, "real property improvement contract" means an agreement, oral or written, between a real property improvement supplier and a consumer to make a real property improvement and for which the real property improvement contract price exceeds one hundred fifty dollars ($150).
As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.11.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-5. "Real Property Improvement Contract Price"

Sec. 5. As used in this chapter, "real property improvement contract price" means the amount actually charged for the services, materials, and work to be performed under the real property improvement contract but does not include financing costs, loan consolidation amounts, taxes, and governmental fees paid by or on behalf of the consumer, amounts returned to or on behalf of the consumer, or similar costs not related to the real property improvement.
As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.12.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-6. "Real Property Improvement Supplier"

Sec. 6. As used in this chapter, "real property improvement supplier" means a person who engages in or solicits real property improvement contracts whether or not the person deals directly with the consumer.
As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-7. "Person"

Sec. 7. As used in this chapter, "person" means an individual, a corporation, the state or its subdivisions or agencies, a business trust, an estate, a trust, a partnership, an association, or a cooperative or any other legal entity.
As added by P.L.251-1987, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-7.5. "Real Property" or "Residential Real Property"

Sec. 7.5. (a) As used in this chapter, "real property" or "residential real property" means real property that:
(1) contains one (1) to four (4) units; and
(2) is used in whole or in part as a dwelling of a consumer.
(b) The term includes all fixtures to, structures on, and improvements to the real property.
As added by P.L.82-2012, SEC.5. Amended by P.L.170-2017, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-7.7. "Roof System"

Sec. 7.7. As used in this chapter, "roof system" includes roof coverings, roof sheathing, roof weatherproofing, and insulation.
As added by P.L.82-2012, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-8. "Specifications"

Sec. 8. As used in this chapter, "specifications" means the plans, detailed drawings, lists of materials, or other methods customarily used in the residential building industry as a whole to describe with particularity the work, workmanship, materials, and quality of materials for each project.
As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-9. License or Permit as Prerequisite

Sec. 9. If a license or permit is necessary for any part of a real property improvement, the real property improvement contract must be conditioned upon the appropriate party obtaining the necessary licenses or permits before any work under the real property improvement contract commences.
As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.17.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-11. Signature of Supplier

Sec. 11. Before a consumer signs a real property improvement contract and before the consumer can be required to make any down payment in connection with the real property improvement contract, the real property improvement supplier must have agreed unequivocally by written signature to all of the terms of the real property improvement contract.
As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.21.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-12. Consumer's Copy of Signed and Dated Contract

Sec. 12. A real property improvement supplier shall give a fully executed copy of a real property improvement contract to the consumer immediately after the consumer signs it. The real property improvement contract must show the dates the real property improvement supplier and each consumer executed the contract.
As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.22.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 11. Home Improvement Contracts › 24-5-11-14. Violation; Penalties

Sec. 14. A real property improvement supplier who violates this chapter commits a deceptive act that is actionable by the attorney general or by a consumer under IC 24-5-0.5-4 and is subject to the remedies and penalties under IC 24-5-0.5.
As added by P.L.251-1987, SEC.3. Amended by P.L.170-2017, SEC.23.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 2 of this chapter by P.L.24-1989 are clarifications only and should not be construed as modifications of existing law.
(2) The amendments made to section 23 of this chapter by P.L.222-2005 apply only to a contract entered into or renewed after July 1, 2005.
As added by P.L.220-2011, SEC.396.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-0.2. Applicability

Sec. 0.2. This chapter does not apply to a seller solely because the seller makes or will make, during any calendar year, a solicitation in a telephone call that is exempt from the application of IC 24-4.7 under IC 24-4.7-1-1.
As added by P.L.105-2020, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-2. "Item" Defined

Sec. 2. As used in this chapter, "item" means tangible or intangible property or services. The term includes but is not limited to coupon books for use with a business other than the seller's business and certificates of a type that the purchaser must redeem to obtain the item described in the certificate.
As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989, SEC.23.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-3. "Owner" Defined

Sec. 3. As used in this chapter, "owner" means a person who owns or controls ten percent (10%) or more of the equity of a seller, or otherwise has a claim to ten percent (10%) or more of the net income of a seller.
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-5. "Principal" Defined

Sec. 5. As used in this chapter, "principal" means an owner, an officer, a general partner, a trustee, or other individual with supervisory functions usually exercised by those persons.
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-7. "Salesperson" Defined

Sec. 7. As used in this chapter, "salesperson" means a person employed, authorized, or appointed by a seller, including an independent contractor, who solicits a sale on behalf of the seller.
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-8. "Seller" Defined

Sec. 8. As used in this chapter, "seller" means a person who, personally, through salespersons, or through the use of an automated dialing and answering device, makes a solicitation if in the solicitation any one (1) of the following occurs:
(1) There is a false representation or implication that a prospect will receive a gift, prize, or the value of a gift or prize.
(2) There is an offer of a vacation at a reduced price if the vacation involves the prospect attending a presentation in which the prospect is solicited to purchase a time share or camping club membership and if the seller does not own the time share or camping club, does not represent the owner of the time share or camping club, or misrepresents the value of the vacation. Terms in this subdivision have the meaning set forth in IC 32-32.
(3) There is a representation or implication that a prospect who buys office equipment or supplies will, because of some unusual event or imminent price increase, be able to buy these items at prices that are below those that are usually charged or will be charged for the items if the price advantage for the prospect does not exist.
(4) There is a false representation or implication as to the identity of the person making the solicitation.
(5) There is a representation or implication that the items for sale are manufactured or supplied by a person other than the actual manufacturer or supplier.
(6) There is an offer to sell the prospect precious metals, precious stones, coal, or other minerals, or any interest in oil, gas, or mineral fields, wells, or exploration sites, if the seller does not own the items, does not represent the owner, or misrepresents the value of the items.
As added by P.L.253-1987, SEC.1. Amended by P.L.2-2002, SEC.77; P.L.242-2019, SEC.8; P.L.105-2020, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-9. "Solicitation" Defined

Sec. 9. As used in this chapter, "solicitation" means a telephone conversation or attempted telephone conversation that occurs in a telephone call made by a seller to another person in which the seller offers, or attempts to offer, an item to the other person in exchange for money or other consideration.
As added by P.L.253-1987, SEC.1. Amended by P.L.105-2020, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-10. Registration of Sellers

Sec. 10. (a) Except as provided in section 0.2 of this chapter, before doing business in Indiana, a seller must register with the division.
(b) A seller does business in Indiana if the seller makes or will make a solicitation during any calendar year:
(1) from a location in Indiana; or
(2) to a prospect who is located in Indiana.
As added by P.L.253-1987, SEC.1. Amended by P.L.242-2019, SEC.9; P.L.105-2020, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-11. Registration Statement; Filing; Fee

Sec. 11. To register under this chapter a person must file with the division a registration statement disclosing the information required by this chapter and pay a fifty dollar ($50) registration fee.
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-12. Registration Statement; Required Information

Sec. 12. The registration statement must contain the following information:
(1) The name of the seller.
(2) Whether the seller is doing business as a corporation, a partnership, an individual, or another legal entity.
(3) The names under which the seller has done, is doing, or intends to do business.
(4) The name of any parent or affiliated business that will engage in business transactions with the prospect or will take responsibility for statements made by the seller or a salesperson of the seller.
(5) The names, dates of birth, business addresses, business telephone numbers, and titles of all the seller's officers, directors, trustees, general partners, general managers, principals, executives, and any other person charged with responsibility for the seller's business activities relating to telephone sales.
(6) The length of time the seller has:
(A) solicited telephone sales; and
(B) solicited telephone sales for the items to be offered to the prospect.
(7) A statement of the amount to be paid by the prospect, or when not known, the approximate amount or range of amount to be paid.
(8) A complete and detailed description of any service that the seller proposes to undertake to perform for a prospect who purchases the item offered.
(9) An unexecuted copy of all contracts that may be offered in the transaction being solicited.
(10) The complete street address or addresses of all locations, designating the principal location from which the seller will be conducting business, and, if the principal location is outside Indiana, a designation of its principal location within Indiana.
(11) A listing of all telephone numbers to be used by the seller and the address of each location using these numbers.
(12) A copy of all sales scripts the seller requires salespersons to use when soliciting a prospect or, if no sales script is required to be used, a statement to that effect.
(13) The name and address of the seller's agent in Indiana, authorized to receive service of process in Indiana.
As added by P.L.253-1987, SEC.1. Amended by P.L.105-2020, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-13. Registration Statement; Gifts, Prizes, or Other Items Represented or Implied; Additional Information Required

Sec. 13. If the seller represents or implies, or directs a salesperson to represent or imply, to a prospect that a purchaser will receive one (1) or more items (whether the items are designated as gifts, premiums, bonuses, prizes, or otherwise), the registration statement must also contain the following information:
(1) A list of items offered.
(2) The value of each item described to a prospect and the basis for the valuation.
(3) The price paid by the seller to its supplier for each of these items, and the names, business addresses, and business telephone numbers of the supplier of each item.
(4) The manner in which the seller decides which items a prospect is to receive, if a purchaser is to receive fewer than all of the items described by the seller.
(5) The odds a prospect or purchaser has of receiving each described item, if a purchaser is to receive fewer than all of the items described by the seller.
(6) All terms and conditions that a prospect must meet in order to receive the item, if a purchaser is to receive fewer than all of the items described by the seller.
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-14. Annual Update of Registration; Additional Fee

Sec. 14. On August 1 of each year, every person registered under this chapter shall file an update to the registration. The registrant shall pay an additional fifty dollars ($50) for filing the annual update.
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-15. Disclosures Required; Update of Changes; Filing

Sec. 15. In addition to the annual update described in section 14 of this chapter, an update shall be filed whenever changes occur that make the disclosures required under this chapter inaccurate, false, or misleading.
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-16. Record of Filings; Assigned Registration Number

Sec. 16. The director of the division shall maintain a record of all filings made under this chapter and shall assign a registration number to each of them. The director shall advise the seller, in writing, of the assigned number. All advertisements, pamphlets, brochures, or any other materials used in the solicitation or completion of telephonic sales must include the assigned registration number in the following manner: "C.P.D. Reg. No. T.S. __________.".
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-17. Reference to Compliance With Chapter Restricted

Sec. 17. A seller may not make any reference to its compliance with this chapter other than by setting forth the registration number as provided in section 16 of this chapter.
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-18. Failure to Comply With Sections 10 Through 16; Cancellation of Contract

Sec. 18. If a seller fails to comply with sections 10 through 16 of this chapter, a purchaser may cancel any contract with the seller by notifying the seller in any manner.
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-19. Deceptive Statements; Failure to Deliver Item Ordered; Voiding of Contract; Requisites

Sec. 19. If a seller:
(1) uses any untrue, misleading, or deceptive statement in a solicitation or sale; or
(2) fails to deliver an item ordered within four (4) weeks;
the purchaser may void the contract within ninety (90) days from the date of the contract by giving written notice to the seller and is entitled to a return from the seller of all consideration paid to the seller. Upon receipt by the purchaser of the consideration paid to the seller, the purchaser shall make available to the seller, at a reasonable time and place, the items received by the purchaser.
As added by P.L.253-1987, SEC.1. Amended by P.L.5-1988, SEC.131.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-20. Damages; Costs and Attorney's Fees

Sec. 20. In addition to any other remedies or penalties under this chapter, a person who is damaged by a seller's failure to comply with this chapter or by a seller's breach of contract may bring an action for recovery of the person's actual damages, including court costs and attorney's fees.
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-21. Violations; Injunction

Sec. 21. Upon petition by any person that a seller has failed to comply with this chapter, the circuit or superior court of the county of residence of the petitioner may enjoin the seller from further violations.
As added by P.L.253-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-22. Failure to Comply; Penalty

Sec. 22. A seller who fails to comply with sections 10 through 16 of this chapter commits a Level 6 felony.
As added by P.L.253-1987, SEC.1. Amended by P.L.158-2013, SEC.275.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-23. Deceptive Acts; Injunction; Civil Penalties; Venue

Sec. 23. (a) A seller who fails to comply with any provision of:
(1) this chapter; or
(2) IC 24-4.7;
commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4(c) and is subject to the penalties set forth in IC 24-5-0.5. An action for a violation of IC 24-4.7 may be brought under IC 24-5-0.5-4(c) or IC 24-4.7-5. An action by the attorney general for a violation of this chapter or IC 24-4.7 may be brought in the circuit or superior court of Marion County.
(b) A civil penalty recovered by the attorney general under:
(1) IC 24-5-0.5-4(g); or
(2) IC 24-5-0.5-8;
for a violation of this chapter shall be deposited in the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6 to be used for the administration and enforcement of this chapter.
As added by P.L.253-1987, SEC.1. Amended by P.L.24-1989, SEC.24; P.L.165-2005, SEC.8 and P.L.222-2005, SEC.34; P.L.242-2019, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 12. Telephone Solicitations › 24-5-12-25. Blocking Telephone Number or Identity of Solicitor; Violations

Sec. 25. (a) If a person makes a solicitation to a prospect that is outside of the course of dealing (as described in IC 26-1-1-205), whether personally, through salespersons, or through the use of an automated dialing and answering device, the person may not knowingly or intentionally block or attempt to block the display of the person's:
(1) telephone number; or
(2) identity;
by a caller identification service (as defined in IC 24-5-14.5-3) when attempting to initiate a telephone conversation for the purpose of making a solicitation to a prospect.
(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous unrelated conviction under this subsection.
As added by P.L.48-1998, SEC.7. Amended by P.L.151-2013, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-1. Application of Chapter

Sec. 1. This chapter applies to all:
(1) motor vehicles that are sold, leased, transferred, or replaced by a dealer or manufacturer in Indiana; and
(2) methamphetamine vehicles that are sold, leased, transferred, or replaced by a dealer or seller in Indiana.
As added by P.L.150-1988, SEC.1. Amended by P.L.76-2013, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-3. "Buyer"

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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-3.1. "Dealer"

Sec. 3.1. As used in this chapter, "dealer" has the meaning set forth in IC 9-32-2-9.6.
As added by P.L.76-2013, SEC.2. Amended by P.L.137-2018, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-3.4. "Lease"

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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-3.7. "Lessor"

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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-4. "Manufacturer"

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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-4.1. "Methamphetamine Vehicle"

Sec. 4.1. As used in this chapter, "methamphetamine vehicle" means any motor vehicle subject to registration and certificate of title provisions in which methamphetamine has been manufactured within the previous two (2) years. For the purposes of this chapter, a methamphetamine vehicle suffers from a nonconformity.
As added by P.L.76-2013, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-5. "Motor Vehicle" or "Vehicle"

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:
(A) a buyer in Indiana and registered in Indiana; or
(B) a buyer in Indiana who is a nonresident (as defined in IC 9-13-2-113);
(3) is intended primarily for use and operation on public highways; and
(4) is required to be registered or licensed before use or operation.
The term does not include conversion vans, motor homes, farm tractors, and other machines used in the actual production, harvesting, and care of farm products, road building equipment, truck tractors, road tractors, motorcycles, motor driven cycles, snowmobiles, or vehicles designed primarily for offroad use.
As added by P.L.150-1988, SEC.1. Amended by P.L.141-1990, SEC.1; P.L.2-1991, SEC.84; P.L.221-2014, SEC.87; P.L.198-2016, SEC.656.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-6. "Nonconformity"

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:
(1) substantially impairs the use, market value, or safety of a motor vehicle; or
(2) renders the motor vehicle nonconforming to the terms of an applicable manufacturer's warranty.
As added by P.L.150-1988, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-6.1. "Seller"

Sec. 6.1. As used in this chapter, "seller" means a person who:
(1) sells, leases, exchanges, or transfers; or
(2) solicits a sale, lease, exchange, or transfer of;
a methamphetamine vehicle to a buyer.
As added by P.L.76-2013, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-7. "Term of Protection"

Sec. 7. This section does not apply to a methamphetamine vehicle. As used in this chapter, "term of protection" means a period of time that:
(1) begins:
(A) on the date of original delivery of a motor vehicle to a buyer; or
(B) in the case of a replacement vehicle provided by a manufacturer to a buyer under this chapter, on the date of delivery of the replacement vehicle to the buyer; and
(2) ends the earlier of:
(A) eighteen (18) months after the date identified under subdivision (1); or
(B) the time the motor vehicle has been driven eighteen thousand (18,000) miles after the date identified under subdivision (1).
As added by P.L.150-1988, SEC.1. Amended by P.L.76-2013, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-8. Repair of Nonconformities

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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-9. Notification of Claim; Manufacturer's Disclosure

Sec. 9. (a) A buyer must first notify the manufacturer of a claim under this chapter if the manufacturer has made the disclosure required by subsection (b). However, if the manufacturer has not made the required disclosure, the buyer is not required to notify the manufacturer of a claim under this chapter.
(b) The manufacturer shall clearly and conspicuously disclose to the buyer, in the warranty or owner's manual, that written notification of the nonconformity is required before the buyer may be eligible for a refund or replacement of the vehicle. The manufacturer shall include with the warranty or owner's manual the name and address to which the buyer must send notification.
As added by P.L.150-1988, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-10. Return of Vehicle Upon Failure to Correct Nonconformity; Refund; Replacement

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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-11. Refund; Computation of Amount

Sec. 11. (a) If a refund is tendered under this chapter with respect to a vehicle that is not a leased vehicle, the refund must be the full contract price of the vehicle, including all credits and allowances for any trade-in vehicle and less a reasonable allowance for use.
(b) To determine a reasonable allowance for use under this section, multiply:
(1) the total contract price of the vehicle; by
(2) a fraction having as its denominator one hundred thousand (100,000) and having as its numerator the number of miles that the vehicle traveled before the manufacturer's acceptance of its return.
(c) The refund must also include reimbursement for the following incidental costs:
(1) All sales tax.
(2) The unexpended portion of the registration fee and excise tax that has been prepaid for any calendar year.
(3) All finance charges actually expended.
(4) The cost of all options added by the authorized dealer.
(d) Refunds made under this section shall be made to the buyer and lienholder, if any, as their respective interests appear on the records of ownership.
As added by P.L.150-1988, SEC.1. Amended by P.L.24-1989, SEC.27.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-11.5. Refund; Leased Motor Vehicle; Computation of Amount

Sec. 11.5. (a) If a refund is tendered under this chapter with respect to a leased motor vehicle, the refund shall be made as follows:
(1) The lessee shall receive all deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-in vehicles, less a reasonable allowance for use.
(2) The lessor shall receive:
(A) the lessor's purchase cost, including freight and accessories;
(B) any fee paid to another to obtain the lease;
(C) any insurance premiums or other costs expended by the lessor for the benefit of the lessee;
(D) sales tax paid by the lessor; and
(E) five percent (5%) of the amount described in subdivision (2)(A);
less the total of all deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-in vehicle.
(b) To determine a reasonable allowance for use under this section, multiply:
(1) the total lease obligation of the lessee at the inception of the lease; by
(2) a fraction having as its denominator one hundred thousand (100,000) and as its numerator the number of miles that the vehicle traveled before the lessor's acceptance of its return.
As added by P.L.24-1989, SEC.28.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-12. Replacement of Vehicle

Sec. 12. (a) If a vehicle is replaced by a manufacturer under this chapter, the manufacturer shall reimburse the buyer for any fees for the transfer of registration or any sales tax incurred by the buyer as a result of replacement.
(b) If a replaced vehicle was financed by the manufacturer, its subsidiary, or agent, the manufacturer, subsidiary, or agent may not require the buyer to enter into any refinancing agreement concerning a replacement vehicle that would create any financial obligations upon the buyer less favorable than those of the original financing agreement.
As added by P.L.150-1988, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-13. Reimbursement for Towing and Rental Costs

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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-14. Retention of Vehicle Pending Replacement or Refund

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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-15. Attempts to Correct Nonconformity; Reasonable Number of Attempts; Time Period; Extension

Sec. 15. (a) A reasonable number of attempts is considered to have been undertaken to correct a nonconformity if:
(1) the nonconformity has been subject to repair at least four (4) times by the manufacturer or its agents or authorized dealers, but the nonconformity continues to exist; or
(2) the vehicle is out of service by reason of repair of any nonconformity for a cumulative total of at least thirty (30) business days, and the nonconformity continues to exist.
(b) The thirty (30) business day period in subsection (a)(2) shall be extended by any period of time during which repair services are not available as a direct result of a strike, a period of civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war. The manufacturer, its agent, or an authorized dealer shall provide or make provision for the free use of a vehicle to any buyer whose vehicle is out of service by reason of repair during a strike, a period of civil unrest, a fire, a natural disaster, a terrorist attack, an act of God, or an act of war.
(c) The burden is on the manufacturer to show that the reason for an extension under subsection (b) was the direct cause for the failure of the manufacturer, its agent, or authorized dealer to cure any nonconformity during the time of the event.
As added by P.L.150-1988, SEC.1. Amended by P.L.92-2013, SEC.82.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-16. Refusal to Diagnose or Repair; Written Repair Orders

Sec. 16. (a) 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.
(b) 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-16.1. Seller's Duty to Disclose Methamphetamine Vehicles

Sec. 16.1. (a) If a dealer or seller knows or reasonably should know that a motor vehicle is a methamphetamine vehicle, the dealer or seller shall disclose, in writing, to the buyer, prospective buyer, lessee, or prospective lessee that the motor vehicle is a methamphetamine vehicle.
(b) The written disclosure required under subsection (a) shall be provided before the dealer or seller sells, leases, exchanges, transfers, or accepts payment from a buyer, prospective buyer, lessee, or prospective lessee.
(c) A dealer may include a decontamination report or other relevant document with the written disclosure required under subsection (a).
As added by P.L.76-2013, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-16.2. Civil Action by Buyer for Failure to Disclose Methamphetamine Vehicles; Remedies

Sec. 16.2. (a) In addition to any other remedy or penalty provided in this chapter, if a dealer or seller fails to make a disclosure required under section 16.1 of this chapter, a buyer or lessee may bring a civil action against the dealer or seller.
(b) In an action brought by a buyer or lessee under this section, a court may order a dealer or seller to perform either of the following:
(1) Decontaminate or contract for the decontamination of the methamphetamine vehicle in accordance with and to a standard set forth under 318 IAC 1.
(2) Reimburse a buyer or lessee who incurred damages or expenses to remediate or decontaminate a methamphetamine vehicle to address the nonconformity.
(c) In addition to the remedies described in subsection (b), a court may award liquidated damages to a buyer or lessee in an amount not to exceed ten thousand dollars ($10,000).
(d) This section does not eliminate or abrogate existing tort remedies that may be available to a buyer or lessee.
As added by P.L.76-2013, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-18. Affirmative Defenses

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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-19. Informal Procedures Established by Manufacturer

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:
(A) complying in all respects with 16 C.F.R. 703; and
(B) complying with any other rules concerning certification adopted by the attorney general, including but not limited to the requirement of oral hearings, pursuant to IC 4-22-2; 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-22. Costs and Expenses in Recovery Actions

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.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-23. Limitations

Sec. 23. (a) This subsection does not apply to an action concerning a violation of section 16.1 of this chapter. 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.
(b) This subsection does not apply to an action concerning a violation of section 16.1 of this chapter. 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.
(c) An action concerning a violation of section 16.1 of this chapter must be commenced within two (2) years following the date of the violation.
As added by P.L.150-1988, SEC.1. Amended by P.L.76-2013, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13. Motor Vehicle Protection › 24-5-13-24. Dealer's Liability

Sec. 24. This section does not apply to a transaction or solicited transaction relating to a methamphetamine vehicle. 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. Amended by P.L.76-2013, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 24-5-13.1-1. "Buyer"

Sec. 1. As used in this chapter, "buyer" means any person who, for purposes of a personal, noncommercial use, enters into an agreement or contract within Indiana for the purchase of a converted motor vehicle covered under this chapter.
As added by P.L.91-2022, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 24-5-13.1-2. "Conversion"

Sec. 2. As used in this chapter, "conversion" means the:
(1) removal of;
(2) addition of; or
(3) modification to;
a physical or digital component or system of a motor vehicle that is approved by the National Highway Traffic Safety Administration (NHTSA) to make the motor vehicle accessible for a person with a disability.
As added by P.L.91-2022, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 24-5-13.1-5. "Installer"

Sec. 5. As used in this chapter, "installer" means any person who is engaged in the business of:
(1) modifying a motor vehicle to make a converted motor vehicle; or
(2) fixing a conversion in a converted motor vehicle.
As added by P.L.91-2022, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 24-5-13.1-6. "Manufacturer"

Sec. 6. As used in this chapter, "manufacturer" means:
(1) 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; or
(2) any person who is engaged in the business of manufacturing parts for a conversion to a converted motor vehicle.
As added by P.L.91-2022, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 24-5-13.1-7. "Motor Vehicle"

Sec. 7. As used in this chapter, "motor 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:
(A) a buyer in Indiana and registered in Indiana; or
(B) a buyer in Indiana who is a nonresident (as defined in IC 9-13-2-113);
(3) is intended primarily for use and operation on public highways; and
(4) is required to be registered or licensed before use or operation.
The term does not include a recreational vehicle.
As added by P.L.91-2022, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 24-5-13.1-8. "Nonconformity"

Sec. 8. As used in this chapter, "nonconformity" means any specific or generic defect or condition or any concurrent combination of defects or conditions that:
(1) substantially impairs the use, market value, or safety of a converted motor vehicle; or
(2) renders the converted motor vehicle nonconforming to the terms of the warranty of a responsible manufacturer or installer.
As added by P.L.91-2022, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 24-5-13.1-9. "Responsible Manufacturer or Installer"

Sec. 9. As used in this chapter, "responsible manufacturer or installer" means the manufacturer or installer that is liable for the:
(1) repair of;
(2) replacement of; or
(3) reimbursement for;
a converted motor vehicle under section 11 of this chapter.
As added by P.L.91-2022, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 24-5-13.1-10. "Term of Protection"

Sec. 10. As used in this chapter, "term of protection" means a period of time that:
(1) begins:
(A) on the date of original delivery of a converted motor vehicle to a buyer; or
(B) in the case of a replacement converted motor vehicle provided by a responsible manufacturer or installer to a buyer under this chapter, on the date of delivery of the replacement converted motor vehicle to the buyer; and
(2) ends the earlier of:
(A) eighteen (18) months after the date identified under subdivision (1); or
(B) the time the converted motor vehicle has been driven eighteen thousand (18,000) miles after the date identified under subdivision (1).
As added by P.L.91-2022, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 24-5-13.1-11. Liability

Sec. 11. (a) Except as provided in subsections (b) and (c), the manufacturer under section 6(2) of this chapter is the responsible manufacturer or installer if:
(1) any part of the conversion results in the nonconformity; or
(2) the nonconformity is related to or caused by the conversion.
(b) The manufacturer under section 6(1) of this chapter is the responsible manufacturer or installer if the part of the converted motor vehicle that results in the nonconformity is not caused by or otherwise related to the conversion.
(c) The installer under section 5 of this chapter is the responsible manufacturer or installer if the nonconformity is related to or caused by the installation of the conversion into the converted motor vehicle.
As added by P.L.91-2022, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 13.1. Converted Motor Vehicle Protection › 24-5-13.1-12. Repair of Nonconformities

Sec. 12. If a converted motor vehicle suffers from a nonconformity and the buyer reports the nonconformity within the term of protection to the responsible manufacturer or installer, its agent, or its authorized dealer then the responsible manufacturer or installer or the agent of the responsible manufacturer or installer shall make the repairs that are necessary to correct the nonconformity, even if the repairs are made after the expiration of the term of protection.
As added by P.L.91-2022, SEC.1.