reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 11. Regulation of Vehicle Merchandising › 9-32-11-15. Cessation of Business Activity

Sec. 15. (a) A person who ceases a business activity for which a license was issued under this article shall do the following:
(1) On a form prescribed by the secretary, notify the secretary of the date that the business activity will cease.
(2) Deliver to the secretary the license and all permanent dealer license plates, including dealer designee license plates, issued to the person not later than ten (10) days after the date the business activity ceased.
(b) A dealer may not transfer or sell the:
(1) dealer's license;
(2) use of the dealer's license;
(3) dealer's dealer license plates; or
(4) use of the dealer's dealer license plates.
(c) A dealer that changes its form of organization or state of incorporation may continue the dealer's licensure by filing an amendment to the license and registration if the change does not involve a material fact in the financial condition or management of the dealer. The amendment becomes effective when filed or on the date designated by the dealer in its filing. The new organization is a successor to the original dealer for the purposes of this article.
(d) If there is a change in the dealer's ownership, the successive owner shall file a new application for a license under this chapter.
As added by P.L.92-2013, SEC.78. Amended by P.L.151-2015, SEC.72; P.L.174-2016, SEC.93; P.L.179-2017, SEC.91; P.L.120-2020, SEC.67.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 11. Regulation of Vehicle Merchandising › 9-32-11-16. Deposit of Revenues in Motor Vehicle Highway Account

Sec. 16. Except as otherwise provided in this chapter, all revenues accruing to the secretary under this chapter shall be deposited in the motor vehicle highway account under IC 8-14-1.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.94.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 11. Regulation of Vehicle Merchandising › 9-32-11-17. Sale and Delivery of Motor Vehicle Through Internet

Sec. 17. (a) A dealer who sells a motor vehicle through the use of the Internet or another computer network shall deliver the motor vehicle to the customer, or the customer's representative, at the dealer's licensed location in Indiana.
(b) A dealer may deliver a motor vehicle to a location other than the dealer's licensed location in Indiana if the delivery is:
(1) requested by a customer in writing; and
(2) commenced from the dealer's licensed location in Indiana.
As added by P.L.92-2013, SEC.78. Amended by P.L.62-2014, SEC.39; P.L.174-2016, SEC.95; P.L.182-2021, SEC.21.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 11. Regulation of Vehicle Merchandising › 9-32-11-18. Special Event Permits; Fee

Sec. 18. (a) A person licensed under this article shall be issued a special event permit from the secretary for a special event that meets the following conditions:
(1) The event is a motor vehicle auction conducted by auctioneers licensed under IC 25-6.1-3.
(2) The motor vehicles to be auctioned are:
(A) at least fifteen (15) years old; or
(B) classified as classic, collector, or antique motor vehicles under rules adopted by the secretary.
(3) At least one hundred (100) motor vehicles will be auctioned during the special event.
(4) The licensee submits to the secretary an application for a special event permit not later than thirty (30) days before the beginning date of the special event.
(5) The application under subdivision (4) includes the following:
(A) An affidavit stating that the proposed location is zoned for the operation of a special event auction from:
(i) the person charged with enforcing a zoning ordinance; or
(ii) a zoning enforcement officer under IC 36-7-4;
who has jurisdiction over the real property where the applicant wants to operate the special event auction.
(B) A fee of two hundred fifty dollars ($250). The fee shall be deposited as set forth in IC 9-32-7-3.
(b) If there is no person or officer under subsection (a)(5)(A), the application must be accompanied by a statement to that effect from the executive (as defined in IC 36-1-2-5) of the unit in which the real property is located.
(c) The applicant may file the affidavit or statement at any time after the filing of the application. However, the secretary may not issue a special event auction permit until the applicant files the affidavit or statement.
(d) The affidavit or statement may not be signed by a person described in subsection (a)(5)(A) or the executive of a unit described in subsection (b) more than ninety (90) days before the affidavit or statement is submitted to the secretary as part of an application for a permit under this section.
(e) Not more than two (2) special event permits may be issued by the secretary to the same applicant within a twelve (12) month period.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.96; P.L.179-2017, SEC.92; P.L.284-2019, SEC.35.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 11. Regulation of Vehicle Merchandising › 9-32-11-20. Applicability; Prohibition on Direct Sales by Manufacturers; Exceptions; Effect of Conveying Majority Interest

Sec. 20. (a) This section does not apply to:
(1) a manufacturer of a trailer or semitrailer; or
(2) a manufacturer that produces fewer than one thousand (1,000) units per year.
(b) Except as provided in subsection (d) or under IC 9-32-13-23(a)(3), a manufacturer or distributor may not sell or offer to sell, directly or indirectly, a new motor vehicle to the general public in Indiana except through a new motor vehicle dealer holding a franchise for the line make covering the new motor vehicle. This subsection does not apply to the sales of new motor vehicles by a manufacturer or franchisor to:
(1) the federal government;
(2) a charitable organization; or
(3) an employee of the manufacturer or distributor.
(c) Except as provided in subsection (d), a manufacturer or distributor may not engage in sales directly to the general public in Indiana.
(d) A manufacturer or distributor may engage in sales directly to the general public in Indiana only if:
(1) the manufacturer or distributor was granted an initial license to sell new motor vehicles before July 1, 2015; and
(2) the manufacturer or distributor establishes at least one (1) physical location in Indiana that is a warranty repair service center before January 1, 2018.
(e) A manufacturer or distributor described in subsection (d) must stop engaging in sales directly to the general public in Indiana if the manufacturer or distributor sells, transfers, or conveys a majority interest in the manufacturer or distributor to another person that is required to be licensed under this chapter.
As added by P.L.260-2017, SEC.2. Amended by P.L.112-2018, SEC.1; P.L.245-2019, SEC.3; P.L.118-2022, SEC.33.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 11. Regulation of Vehicle Merchandising › 9-32-11-21. Maintenance of Files for Motor Vehicles or Watercraft Sales

Sec. 21. (a) Except as provided in subsection (b), a dealer that sells a motor vehicle or watercraft must maintain a separate file for each sale.
(b) The following documents, if applicable to the sale, must be maintained in the file required by subsection (a) for each sale of a motor vehicle or watercraft:
(1) Finance agreement.
(2) Sales receipt from auction.
(3) Title affidavit required by IC 9-32-4-1.
(4) Interim plates generated in error.
(5) Copy of rebuilt vehicle disclosure required by IC 9-32-13-6.
(6) Bill of sale.
(7) Copy of title.
(8) Form ST-108 (department of state revenue certificate of gross retail or use tax paid on the purchase of a motor vehicle or watercraft).
(9) Proof of delivery or transmission of the certificate of title required by IC 9-32-4-1(b)(3).
(10) Flood damage affidavit required under IC 9-32-9-13.
As added by P.L.137-2018, SEC.11. Amended by P.L.120-2020, SEC.68.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 11. Regulation of Vehicle Merchandising › 9-32-11-23. Remedy Procedure Requirements for a Manufacturer or Distributor; Compensation

Sec. 23. (a) Except as otherwise provided in an agreement for reimbursement between a manufacturer or distributor and a dealer, a manufacturer or distributor shall provide a remedy procedure or parts to repair a used motor vehicle that is subject to a stop sale directive, if:
(1) the dealer has an active sales and service agreement with the manufacturer or distributor for the line make of the used motor vehicle subject to the stop sale directive; and
(2) the used motor vehicle subject to the stop sale directive is in the dealer's inventory at the time the stop sale directive is issued.
(b) If a manufacturer or distributor does not provide a remedy or parts required under subsection (a) for at least thirty (30) days after the stop sale directive is issued, the manufacturer or distributor shall, upon application of the dealer, pay or credit the dealer an amount equal to one percent (1%) of the average wholesale value of the used motor vehicle per month.
(c) A manufacturer or distributor may cease compensation under subsection (b) on the date upon which of any of the following occurs:
(1) The stop sale directive is withdrawn.
(2) The manufacturer or distributor provides the dealer with a remedy or parts under subsection (a).
(3) The dealer sells, trades, transfers, or otherwise disposes of the used motor vehicle.
(d) This section does not require a manufacturer or distributor to provide total compensation to a dealer that would exceed the total average wholesale value of the used motor vehicle.
(e) A manufacturer or distributor may compensate a dealer under a recall compensation program if the dealer agrees to compensation under the program.
(f) Any compensation provided to a dealer under this section is exclusive and may not be combined with any other recall compensation remedy under state or federal law.
As added by P.L.134-2023, SEC.5.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-1. Requiring Purchase of Equipment, Part, or Accessory as a Condition of Sale

Sec. 1. It is an unfair practice for a dealer to require a purchaser of a motor vehicle, as a condition of sale and delivery of the motor vehicle, to purchase any equipment, part, or accessory not ordered by the purchaser unless the equipment, part, or accessory is:
(1) already installed on the motor vehicle when the motor vehicle is received by or offered for sale by the dealer; or
(2) required by law.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-2. Willful Failure of Dealer to Perform Vehicle Delivery and Preparation Obligations

Sec. 2. It is an unfair practice for a dealer to willingly fail to perform the obligations imposed on the dealer in connection with the delivery and preparation of a new motor vehicle for retail sale as provided in the preparation and delivery agreement of the manufacturer or distributor applicable to the motor vehicle.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-3. Willful Failure of Dealer to Perform Warranty Obligations

Sec. 3. It is an unfair practice for a dealer to willingly fail to perform the obligations imposed on the dealer in connection with the warranty agreement of the manufacturer or distributor applicable to any motor vehicle sold by the dealer.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-4. Sale of Motor Vehicle Having Trade Name or Mark for Which Dealer Lacks Franchise

Sec. 4. It is an unfair practice for a dealer to sell a new motor vehicle having a trade name, trade or service mark, or related characteristic for which the dealer does not have a franchise in effect at the time of the sale. However, a motor vehicle having more than one (1) trade name, trade or service mark, or related characteristic as a result of modification or further manufacture by a manufacturer, converter manufacturer, or an automotive mobility dealer licensed under this article may be sold by a franchisee appointed by that manufacturer, converter manufacturer, or automotive mobility dealer.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.98.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-5. Willful Failure of Dealer to Perform Fiduciary Duty to Collect and Remit Gross Retail Tax

Sec. 5. It is an unfair practice for a dealer to willingly fail to perform the fiduciary duty imposed on the dealer by IC 6-2.5-2-1 with regard to the collection and remittance of the state gross retail tax. Willful violation of the fiduciary duty includes written or oral agreements between a dealer and a prospective purchaser that would give the appearance that a bona fide trade-in has taken place, when in fact the purpose of the agreement is to reduce the prospective purchaser's state gross retail tax and thereby deprive the state of revenue.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-6. Sale, Exchange, or Transfer by Dealer of Rebuilt or Salvage Vehicle Without Disclosure That Vehicle Was Rebuilt or Salvage

Sec. 6. (a) For purposes of this section, "salvage vehicle" has the meaning set forth in IC 9-13-2-160(2).
(b) It is an unfair practice for a dealer to sell, exchange, or transfer a rebuilt or salvage vehicle without disclosing in writing to the purchaser, customer, or transferee the fact that the motor vehicle is a rebuilt or salvage vehicle if the dealer knows or should reasonably know before consummating the sale, exchange, or transfer that the motor vehicle is a rebuilt or salvage vehicle.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.99; P.L.20-2022, SEC.15.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-7. Document Preparation Fees

Sec. 7. (a) Except as provided in subsection (b), it is an unfair practice for a dealer to charge a document preparation fee in excess of two hundred dollars ($200). A document preparation fee of two hundred dollars ($200) or less is permitted and does not constitute an unfair practice under this section. A document preparation fee under this section must be:
(1) included in the advertised sale price of a vehicle; and
(2) affirmatively disclosed:
(A) in writing by the dealer during negotiations for the sale of a vehicle to a potential purchaser that states the dollar amount of the document preparation fee to be charged; and
(B) as a separate line item on the purchaser's bill of sale or other purchase contract.
(b) A document preparation fee under this section may be adjusted annually by a percentage equal to the annual percentage change in the Consumer Price Index, as published by the United States Bureau of Labor Statistics.
As added by P.L.92-2013, SEC.78. Amended by P.L.245-2019, SEC.4; P.L.211-2023, SEC.73.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-8. Violation of Deceptive Franchise Practices Provisions

Sec. 8. (a) It is an unfair practice for a manufacturer or distributor to violate IC 23-2-2.7.
(b) It is an unfair practice for a manufacturer or distributor to enter into an agreement in which a dealer is required to waive the provisions of:
(1) this chapter; or
(2) IC 23-2-2.7.
However, this subsection does not apply to a voluntary agreement in which separate consideration is offered and accepted.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-9. Manufacturer or Distributor Coercing Dealers to Order

Sec. 9. It is an unfair practice for a manufacturer or distributor to coerce a dealer to order parts, accessories, equipment, machinery, tools, appliances, or any other commodity from a person.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-10. Manufacturer or Distributor Requiring Changes in Capital Structure or Financing

Sec. 10. It is an unfair practice for a manufacturer or distributor to prevent or require, or attempt to prevent or require, by contract or otherwise, a change in the capital structure of a dealer or the means by or through which the dealer finances the dealer's operation, if the dealer at all times meets reasonable capital standards agreed to by the dealer and the manufacturer or distributor. A change in capital structure does not cause a change in the principal management or have the effect of a sale of the franchise without the consent of the manufacturer or distributor.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-11. Manufacturer or Distributor Requiring Changes in Dealer Management

Sec. 11. It is an unfair practice for a manufacturer or distributor to prevent or require, or attempt to prevent or require, a dealer to change the dealer's executive management, other than the principal dealer operator or operators, if the franchise was granted in reliance upon the personal qualifications of the principal dealer operator or operators.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-12. Restraint by Manufacturer or Distributor of Sale or Transfer of Interest by Dealer

Sec. 12. It is an unfair practice for a manufacturer or distributor to prevent or require, or attempt to prevent or require, by contract or otherwise, a dealer or an officer, a partner, or a stockholder of a dealer to sell or transfer a part of the interest of the officer, partner, or stockholder to any other person. A dealer, an officer, a partner, or a stockholder may not sell, transfer, or assign the franchise or a right under the franchise without the consent of the manufacturer or distributor. This consent may not be withheld unreasonably.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-13. Manufacturer or Distributor Preventing Dealer From Fair Competition

Sec. 13. It is an unfair practice for a manufacturer or distributor to prevent or attempt to prevent a dealer from receiving fair and reasonable compensation for the value of the franchised business as a going concern. The dealer may not transfer or assign the dealer's franchise without the consent of the manufacturer or distributor, and the manufacturer or distributor may not unreasonably withhold consent.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-14. Employment by Manufacturer or Distributor of Person Who Is Not Certified

Sec. 14. It is an unfair practice for a manufacturer or distributor to employ a person as a representative who is not certified under this article.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.100.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-15. Retail Rates

Sec. 15. (a) It is an unfair practice for a manufacturer or distributor to fail to compensate a dealer at the dealer's retail rate for the work and services the dealer is required to perform in connection with the dealer's delivery and preparation obligations under any franchise, or fail to compensate a dealer anything less than the dealer's retail rate for labor and parts under the manufacturer's warranty agreements as long as the dealer's retail rate is reasonable. Judgment of the reasonableness includes consideration of charges for similar repairs by similarly situated repair facilities in Indiana.
(b) This section does not authorize a manufacturer or distributor and its franchisees in Indiana to establish a uniform hourly labor reimbursement rate effective for the entire state.
(c) This section does not apply to manufacturers or distributors of manufactured housing, heavy duty vocational vehicles (as defined in 49 CFR 523.8), or recreational vehicles.
As added by P.L.92-2013, SEC.78. Amended by P.L.167-2016, SEC.1.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-16. Contract for Uniform Warranty Reimbursement Policy

Sec. 16. (a) A manufacturer or distributor and at least thirty percent (30%) of its franchisees in Indiana of the same line make may agree in an express written contract citing this section to a uniform warranty reimbursement policy to be used by franchisees for the performance of warranty repairs. The contract must include reimbursement for parts used in warranty repairs or the use of a uniform time standards manual, or both. The allowance for diagnosis within the uniform time standards manual must be reasonable and adequate for the work and service to be performed. The manufacturer or distributor:
(1) may have only one (1) contract with regard to each line make; and
(2) must have a reasonable and fair procedure for franchisees to request a modification or adjustment of a standard included in the uniform time standards manual.
(b) A contract described in subsection (a) must meet the following criteria:
(1) Establish a uniform parts reimbursement rate that must be greater than the manufacturer's or distributor's nationally established parts reimbursement rate in effect at the time the contract becomes effective. A subsequent contract must include a uniform reimbursement rate that is equal to or greater than the rate in the immediately prior contract.
(2) Apply to all warranty repair orders written while the agreement is in effect.
(3) At any time during the period the contract is in effect:
(A) be available to any franchisee of the same line make as the franchisees that entered into the contract with the manufacturer or distributor; and
(B) be available to a franchisee of the same line make on the same terms as apply to the franchisees that entered into the contract with the manufacturer or distributor.
(4) Be for a term not to exceed three (3) years.
(5) Allow any party to the uniform warranty reimbursement policy to terminate the policy with thirty (30) days prior written notice to all parties upon the annual anniversary of the policy, if the policy is for at least one (1) year.
(6) Remain in effect for the entire original period if the manufacturer and at least one (1) franchisee remain parties to the policy.
(c) A manufacturer or distributor that enters into a contract with its franchisees under subsection (a) shall do the following:
(1) Certify to the secretary under oath, in a writing signed by a representative of the manufacturer or distributor, that at the time the contract was entered into at least thirty percent (30%) of the franchisees of the line make were parties to the contract.
(2) File a copy of the contract with the secretary at the time of the certification.
(3) Maintain a file that contains the information upon which the certification required under subdivision (1) is based for three (3) years after the certification is made.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.101; P.L.284-2019, SEC.37.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-18. Selling Motor Vehicle to Unlicensed Person for Resale; Adverse Action or Discrimination Against Customer When Customer Intends to Resell Motor Vehicle or Export to Foreign Country

Sec. 18. (a) It is an unfair practice for a distributor to sell a motor vehicle for resale to a person not licensed under this article.
(b) This subsection applies if a dealer sells or leases a motor vehicle to a customer that resells the motor vehicle or exports the motor vehicle to a foreign country. A manufacturer or distributor may not take or threaten to take adverse action or otherwise discriminate against the dealer unless the dealer knew or reasonably should have known before the dealer sold or leased the motor vehicle to the customer that the customer intended to resell or export the motor vehicle. Titling and registering a motor vehicle in any state in the name of the customer to whom the dealer sold or leased the motor vehicle establishes a rebuttable presumption that the dealer did not know or should not reasonably have known that the customer intended to resell or export the motor vehicle.
(c) For purposes of subsection (b), adverse actions by a manufacturer or distributor include the following conduct by a manufacturer or distributor, whether actual or threatened:
(1) Failing or refusing to allocate, sell, or deliver a motor vehicle to the dealer.
(2) Discriminating against the dealer in the allocation of motor vehicles.
(3) Charging back or withholding payments or other consideration for which a dealer is eligible under a warranty reimbursement, sales promotion, incentive program, or contest.
(4) Disqualifying a dealer from participating in a sales promotion, incentive program, or contest.
(5) Terminating a franchise.
As added by P.L.92-2013, SEC.78. Amended by P.L.152-2013, SEC.1; P.L.151-2015, SEC.74.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-19. Failure to Indemnify and Hold Harmless Dealer for Losses, Costs, and Expenses From Suit for Defect

Sec. 19. It is an unfair practice for a manufacturer or distributor to refuse or fail to indemnify and hold harmless a dealer, upon written notification from the dealer, from all losses, costs, and expenses that result or arise from or are related to a complaint, claim, defense, or suit against the dealer that concerns defects in a motor vehicle or other goods or services that are the responsibility of the manufacturer or distributor.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-20. False, Deceptive, or Misleading Advertising; Deceptive Acts or Practices

Sec. 20. It is an unfair practice for any person required to be licensed under this article, in connection with the person's business, to use false, deceptive, or misleading advertising or to engage in deceptive acts or practices.
As added by P.L.92-2013, SEC.78. Amended by P.L.151-2015, SEC.75.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-21. Unfair Practices of Employees, Agents, Officers, Partners, or Representatives

Sec. 21. It is an unfair practice for an employee, an agent, an officer, a partner, or a representative of a licensee to engage in a practice prohibited by this chapter.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-25. Acting, Offering to Act As, or Professing to Be a Broker of Motor Vehicles

Sec. 25. It is an unfair practice for a person to:
(1) act as;
(2) offer to act as; or
(3) profess to be;
a broker in the advertising, buying, or selling of a motor vehicle.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.104; P.L.120-2020, SEC.69.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-26. Fraud or Deceit, Untrue Statements of Material Fact or Omission

Sec. 26. It is an unfair practice for a dealer to, in connection with the offer, sale, or purchase of a motor vehicle, directly or indirectly:
(1) employ a device, scheme, or artifice to defraud;
(2) make an untrue statement of a material fact or omit to state a material fact necessary to make the statement made, in light of the circumstances under which the statement was made, not misleading; or
(3) engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.105.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-28. Dealer Requesting Payment for Manufacturer or Distributor Following Termination, Cancellation, or Nonrenewal of Franchise; Discontinuance of Line Make

Sec. 28. (a) This section applies when a dealer requests payment from a manufacturer or distributor following:
(1) the termination, cancellation, or nonrenewal by the manufacturer or distributor of a franchise between the dealer and the manufacturer or distributor; or
(2) the discontinuance of a line make by the manufacturer or distributor.
(b) Not more than ninety (90) days after a manufacturer or distributor receives a request for payment from a dealer described in subsection (a), the manufacturer or distributor shall pay to the dealer the following amounts for items that are in the dealer's inventory or possession at the time of termination, cancellation, nonrenewal, or discontinuance, that the dealer delivers to the manufacturer or distributor, and as to which the dealer conveys clear title to the manufacturer or distributor under subsection (c):
(1) For:
(A) current model year motor vehicles; or
(B) immediately preceding model year motor vehicles with less than three hundred (300) miles;
acquired from the manufacturer or distributor in the usual course of business, the cost at acquisition less any discounts or allowances received from the manufacturer or distributor.
(2) For all new, unused, and undamaged parts in original packaging that were purchased from the manufacturer or distributor:
(A) the cost listed in the manufacturer's or distributor's parts catalog in effect at the time of termination, cancellation, nonrenewal, or discontinuance; minus
(B) any allowances authorized by the manufacturer or distributor.
(3) For required special tools, equipment, or computer equipment that was used for reporting financial data to the manufacturer or distributor, used solely for the franchise being terminated, and purchased by the dealer during the two (2) years immediately preceding the termination, cancellation, nonrenewal, or discontinuance, fair market value.
(4) For signs that bear a trademark or trade name, that the dealer was required by the manufacturer or distributor to purchase, and that the dealer purchased within three (3) years of the termination, cancellation, nonrenewal, or discontinuance, fair market value.
For purposes of this subsection, fair market value is determined on the date of termination, cancellation, nonrenewal, or discontinuance.
(c) Title to items described in subsection (b) transfers from a dealer to a manufacturer or distributor on the date of termination, cancellation, nonrenewal, or discontinuance. The dealer has an enforceable security interest in the transferred items.
(d) It is an unfair practice for a manufacturer or distributor to violate this section.
As added by P.L.152-2013, SEC.4.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-29. Manufacturer or Distributor Terminates, Cancels, or Fails to Renew a Franchise Between the Manufacturer or Distributor and Dealer; Exceptions

Sec. 29. (a) This section applies when a manufacturer or distributor terminates, cancels, or fails to renew a franchise between the manufacturer or distributor and a dealer, unless the termination, cancellation, or failure to renew is due to any of the following:
(1) The dealer files for bankruptcy or enters into receivership.
(2) The dealer's license is revoked under IC 9-32-11 or IC 9-32-16.
(3) The dealer has been convicted of or pled guilty to a felony.
(4) The dealer commits fraud.
(5) The dealer has abandoned business operations or otherwise failed to conduct sales and service operations during regular business hours for at least seven (7) consecutive days, unless the abandonment or closure is due to an act of God or another act over which the franchise has no control.
(b) Except as provided in subsection (c), upon termination, cancellation, or nonrenewal, a manufacturer or distributor shall pay to a dealer the following amounts:
(1) If the dealer is leasing the dealership facilities from a person other than the manufacturer or distributor, the lesser of:
(A) the total lease payments remaining unpaid on the date of termination, cancellation, or nonrenewal; or
(B) the total annual lease payments for one (1) year;
subject to damages mitigated by the dealer under the terms of the lease.
(2) If the dealer owns the dealership facilities, an amount equal to the reasonable rental value of the facilities for the one (1) year period beginning on the date of termination, cancellation, or nonrenewal, subject to damages mitigated by the dealer.
(c) A manufacturer or distributor may discharge the manufacturer's or distributor's obligations under a lease with a dealer by negotiating with the dealer a lease termination payment, a sublease, or a new lease.
(d) The manufacturer or distributor is entitled to possession of the dealership facilities during the time period for which the manufacturer or distributor makes any lease payments.
(e) It is an unfair practice for a manufacturer or a distributor to violate this section.
As added by P.L.152-2013, SEC.5.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-30. Manufacturer or Distributor May Not Require or Coerce Improvements to Dealer's Facilities or Signs or Franchisor Image Elements; Exceptions

Sec. 30. (a) A manufacturer or distributor may not coerce or require a dealer to:
(1) make an improvement to the dealer's facilities; or
(2) install signs or other franchisor image elements;
that would result in replacing or substantially altering improvements or image elements that the dealer made or installed during the immediately preceding ten (10) years as required by the manufacturer or distributor, unless the improvement or installation of signs or visual elements is necessary to comply with the health or safety laws of the state or to sell, service, or display a new motor vehicle due to the unique technology of the new motor vehicle.
(b) It is an unfair practice for a manufacturer or distributor to violate this section.
(c) This section does not apply to a recreational vehicle manufacturer franchisor.
As added by P.L.152-2013, SEC.6. Amended by P.L.134-2023, SEC.8.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-30.1. Unfair Practices Regarding Service Contracts, Debt Cancellation Agreements, Maintenance Agreements, or Similar Products

Sec. 30.1. (a) It is an unfair practice for a manufacturer or distributor to:
(1) require a dealer to; or
(2) coerce a dealer into;
selling or offering for sale a service contract, a debt cancellation agreement, a maintenance agreement, or any similar product that is approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source.
(b) It is an unfair practice for a manufacturer or distributor to consider a dealer's sale of service contracts, debt cancellation agreements, maintenance agreements, or any similar product not approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source when determining the following:
(1) The eligibility of a dealer to purchase vehicles, parts, or other products or services from the manufacturer or distributor.
(2) The volume of vehicles, parts, or other products or services that a dealer may purchase from the manufacturer or distributor.
(3) The price at which a dealer may purchase vehicles, parts, or other products or services from the manufacturer or distributor.
(c) It is not an unfair practice for a manufacturer, distributor, affiliate, or captive finance source to:
(1) offer discounts, rebates, or other incentives to a dealer who voluntarily sells or offers to sell service contracts, debt cancellation agreements, maintenance agreements, or any similar product approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source;
(2) require a dealer to disclose the sale of a service contract, a debt cancellation agreement, a maintenance agreement, or any similar product that is not approved, endorsed, sponsored, or offered by the manufacturer, distributor, affiliate, or captive finance source.
As added by P.L.134-2023, SEC.9.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 13. Unfair Practices › 9-32-13-31. Complaint of Unfair Practice; Investigation

Sec. 31. (a) A dealer that alleges the commission of an unfair practice by a manufacturer or distributor in violation of section 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 28, 29, or 30 of this chapter may file a complaint with the division under IC 9-32-16-15.
(b) Upon receipt of a complaint under subsection (a), the division may conduct an investigation under IC 9-32-16-14.
(c) If the division determines that a manufacturer or distributor has committed a violation, including an unfair practice described in subsection (a), the division may take action against the manufacturer or distributor under IC 9-32-16 and IC 9-32-17.
(d) A person that performs an act that is an unfair practice under this chapter commits a Class A infraction.
(e) This section does not limit the ability of a dealer, manufacturer, or distributor to request a hearing under IC 9-32-16-2.
As added by P.L.217-2014, SEC.174. Amended by P.L.174-2016, SEC.107.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 14. Damage to New Motor Vehicles › 9-32-14-1. Liability of Dealer for Damage

Sec. 1. Notwithstanding the terms, provisions, or conditions of an agreement or franchise, a new motor vehicle dealer is solely liable for damage to a new motor vehicle:
(1) after acceptance from the carrier or transporter; and
(2) before delivery to the ultimate purchaser.
As added by P.L.92-2013, SEC.78. Amended by P.L.120-2020, SEC.70.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 14. Damage to New Motor Vehicles › 9-32-14-2. Liability of Manufacturer, Converter Manufacturer, or Automotive Mobility Dealer

Sec. 2. Notwithstanding the terms, provisions, or conditions of any agreement or franchise, a manufacturer, converter manufacturer, or automotive mobility dealer is liable for all damage to a new motor vehicle before delivery of the motor vehicle to a carrier or transporter.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 14. Damage to New Motor Vehicles › 9-32-14-3. Carrier Related Damage to New Motor Vehicle

Sec. 3. A new motor vehicle dealer is liable for damage to a new motor vehicle after the motor vehicle is delivered to the carrier or transporter only if the new motor vehicle dealer selects the method of transportation, mode of transportation, and the carrier or transporter. In all other instances, the manufacturer is liable for carrier related damage to a new motor vehicle.
As added by P.L.92-2013, SEC.78. Amended by P.L.120-2020, SEC.71.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 14. Damage to New Motor Vehicles › 9-32-14-4. Disclosure to Ultimate Purchaser of Damage Exceeding Four Percent of Retail Price; Violation

Sec. 4. (a) This section does not apply to damage to:
(1) glass;
(2) radios;
(3) tires;
(4) air bags;
(5) navigation systems;
(6) DVD players;
(7) voice command devices;
(8) hands free technology; and
(9) bumpers;
when replaced by identical manufacturer's original equipment.
(b) Any uncorrected damage or any corrected damage to a new motor vehicle that exceeds four percent (4%) of the manufacturer's suggested retail price (as defined in 26 U.S.C. 4216), as measured by retail repair costs, must be disclosed by the new motor vehicle dealer in writing before delivery of the motor vehicle to the ultimate purchaser.
(c) A person that violates this section commits a Class A infraction.
As added by P.L.92-2013, SEC.78. Amended by P.L.152-2013, SEC.7; P.L.174-2016, SEC.108; P.L.120-2020, SEC.72.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 14. Damage to New Motor Vehicles › 9-32-14-5. Disclosure of Damage to New Motor Vehicle Ordered by Customer

Sec. 5. Repaired damage to a new motor vehicle ordered by a customer not exceeding four percent (4%) of the manufacturer's suggested retail price (as defined in 26 U.S.C. 4216) does not need to be disclosed at the time of sale.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 15. Succession to Franchise by Designated Family Members › 9-32-15-1. Application

Sec. 1. This chapter does not apply to a franchise if:
(1) the franchise is granted to a dealer other than a new motor vehicle dealer; and
(2) the franchise or other written document filed with the franchisor includes the franchisee's designation of a successor to the franchise who is not the:
(A) spouse of the franchisee;
(B) child of the franchisee;
(C) grandchild of the franchisee;
(D) spouse of a:
(i) child; or
(ii) grandchild;
of the franchisee;
(E) parent of the franchisee; or
(F) sibling of the franchisee.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 15. Succession to Franchise by Designated Family Members › 9-32-15-2. Succession to Franchise

Sec. 2. A designated family member of a deceased or incapacitated franchisee may succeed the franchisee under the existing franchise if:
(1) the manufacturer or distributor determines, subject to section 3 of this chapter, that the existing franchise should be honored; and
(2) the designated family member complies with section 4 of this chapter.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 15. Succession to Franchise by Designated Family Members › 9-32-15-3. Good Cause to Refuse to Honor Franchise

Sec. 3. A manufacturer or distributor may refuse to honor the succession of an existing franchise under section 2 of this chapter only for good cause.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 15. Succession to Franchise by Designated Family Members › 9-32-15-4. Qualification of Designated Family Member to Succeed to the Franchise

Sec. 4. To qualify under section 2 of this chapter to succeed a franchisee under the existing franchise, a designated family member must do all the following:
(1) Not later than one hundred twenty (120) days after the franchisee's death or disability, give the manufacturer or distributor written notice of the designated family member's intention to succeed to the franchise.
(2) Agree to be bound by all terms and conditions of the existing franchise.
(3) Meet the criteria generally applied at the time of the death or incapacity of the franchisee by the manufacturer or distributor in qualifying new motor vehicle dealers as franchisees.
(4) If requested by the manufacturer or distributor, promptly supply personal and financial data that is reasonably necessary for the manufacturer or distributor to determine if the existing franchise should be honored.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 15. Succession to Franchise by Designated Family Members › 9-32-15-5. Notice of Refusal to Honor Franchise

Sec. 5. (a) Not later than sixty (60) days after receipt of:
(1) notice from a designated family member under section 4(1) of this chapter; or
(2) requested personal or financial data under section 4(4) of this chapter;
a manufacturer or distributor that determines that good cause exists for refusing to honor an existing franchise shall serve notice of the determination on the designated family member.
(b) The notice required under subsection (a) must state the following:
(1) The specific grounds for the manufacturer's or distributor's determination.
(2) The date on which the existing franchise will be discontinued, which must be at least ninety (90) days after the date the notice is served.
(c) If notice of the manufacturer's determination is not served within the time specified in subsection (a) and does not comply with subsection (b), the franchise must be honored and is not subject to discontinuance under this chapter.
As added by P.L.92-2013, SEC.78.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 16. Administration and Legal Proceedings › 9-32-16-3. Information or Documents Considered Law Enforcement Records

Sec. 3. Information or documents obtained by the division in the course of an investigation, including an audit conducted under section 5 of this chapter, are investigatory records of law enforcement for the purposes of IC 5-14-3-4(b)(1). The secretary may except these records from disclosure under IC 5-14-3-3.
As added by P.L.92-2013, SEC.78. Amended by P.L.2-2014, SEC.50; P.L.174-2016, SEC.111; P.L.120-2020, SEC.74.
2023 Indiana Code › Title 9. Motor Vehicles › Article 32. Dealer Services › Chapter 16. Administration and Legal Proceedings › 9-32-16-4. Compliance With Request, Order, or Subpoena for Production of Documentary Evidence

Sec. 4. A person complying with any request, order, or subpoena issued by the division for the production of documentary evidence shall retain the originals and shall provide the division with clearly legible, true, and complete copies of the documents requested, along with a signed cover letter, which must identify those documents with a reasonable degree of specificity.
As added by P.L.92-2013, SEC.78.