Indiana Lemon Law Blog

You are protected from defective late model vehicles by the Indiana lemon law. The Indiana lemon law or the Motor Vehicle Protection Act provides protection to Hoosier consumers who purchase vehicles which fail to meet certain basic standards.

The Attorney General Consumer Protection website states that, the Indiana lemon law covers cars or light trucks bought or leased for personal use from Indiana dealers are covered by the Indiana lemon law, within the 18 months from the day of their delivery, with less than 18,000 miles.

Information for the Indiana’s lemon law available on the Indiana Attorney General’s website would lead one to believe that it only applies to new cars. This info on the website leaves an impression  that if one buys a used car older than 18 months with more than 18,000 miles one does not have a claim for the Indiana lemon law protection.

Paul K. Ogden was a Deputy Attorney General when the law was originally passed. According to him, the Indiana lemon law does not say that the Indiana lemon law only applies to new cars, it is the website that does it.

The Indiana lemon law statutes – IC 24-5-13 et seq

IC 24-5-13-1: Application of chapter Sec. 1: This chapter applies to all motor vehicles which are sold, leased, transferred, or replaced by a dealer or manufacturer in the State of Indiana.

IC 24-5-13-3″Buyer” defined 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 the State of Indiana for the transfer, lease, or purchase of a motor vehicle covered under this chapter.

IC 24-5-13-5″ Motor vehicle” and “vehicle” defined Sec. 5.

As used in this chapter, “motor vehicle” or “vehicle” means any self-propelled vehicle that:

• Has a declared gross vehicle weight of less than ten thousand (10,000) pounds
• Is sold to a buyer in Indiana and registered in Indiana
• Is sold to a buyer in Indiana who is not an Indiana resident (as defined in IC 9-13-2-78)
• Is intended primarily for use and operation on public highways
• 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, mopeds, snowmobiles, or vehicles designed primarily for off road use. Nowhere in any of the statutes does it say that, the Indiana lemon law only applies to a buyer of a “new” car.

Where does the 18 month/18,000 mile language cited by the Attorney General come from?

Take a look at IC 24-5-13-7: Sec. 7

As used in this chapter, “term of protection” under the Indiana lemon law means a period of time that:

• Begins on the date of original delivery of a motor vehicle to a buyer
• 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
• Ends the earlier of eighteen (18) months after the date identified under subdivision (1) or the time the motor vehicle has been driven eighteen thousand (18,000) miles after the date identified under subdivision (1)

The “term of protection” under the Indiana lemon law runs 18 months/18,000 miles (whichever comes first) from the time the person receives the car. That section does not say that the Indiana lemon law protection applies only to a car with less than 18,000 miles on it or less than 18 months old. To interpret it that way is akin to misreading the express language of the statute of the Indiana lemon law.

No other statute in the chapter says that the Indiana lemon law is limited only to “new” cars. And sadly, it has been misinterpreted and applied only to new cars for the last 20 years by the Attorney General’s Office. What amazes about the Indiana lemon law is how everybody fails to read the actual statutes. It is high time one read the statutes carefully and let the Indiana lemon law attorneys handle the Indiana used car consumer complaints.

If you have already landed an Indiana lemon used car you need an Indiana lemon law attorney on your side to help you get even with the fraudulent Indiana used car dealer. Since a used car coverage under the Indiana lemon law appears to be very ambiguous, you should consult Indiana lemon law attorneys immediately to check if you have grounds to sue the Indiana used car dealer. Getting back your money you spent on the used car in the state of Indiana might not be easy, but with the Indiana lemon law attorneys on your side you would stand a better chance of winning your case. Only an Indiana lemon law attorney is your best bet as he can choose the best recourse for your Indiana used lemon car. Indiana lemon law attorneys comprehend the Indiana lemon law system better and they can resolve problems far more efficiently.

Contact the attorneys at Krohn & Moss, Ltd. to stop your Indiana lemon car case from being dismissed, only because the car is used. If you like to find out if you are entitled to money back  call 1-800-US LEMON® (800-875-3666) toll free to reach Krohn & Moss for your FREE initial consultation!

This is a brief discussion of some of the frequently asked questions as to how the Indiana lemon law works. If you live in Indiana and bought yourself a new car from an Indiana car dealership and you are not happy about the performance of the buy, it is time you met an Indiana lemon law attorneys. Check these frequently asked questions about the Indiana lemon law if you suspect that your new or leased car is a lemon.

A lemon is a defective car that is found to have numerous or severe defects not readily apparent before its purchase. Any vehicle with these issues can be termed a ‘lemon,’ and, any product which has major flaws that render it unfit for its purpose can be described as a ‘lemon’.

Is there a time frame within which I should file my claim under the Indiana lemon law?

The time period in which an Indiana lemon law complaint has to be filed is:

• Two years following your first report of nonconformity to manufacturer, agent or dealer
• Your first report must occur within the Term of Protection which is the earlier of 18 months or 18,000 miles after original delivery of your vehicle

Which cars are covered by the Indiana lemon law?

The Indiana lemon law covers any self-propelled vehicle that:

• Has a GVW less than 10,000 pounds
• Is sold to a buyer in Indiana
• Is registered in Indiana
• A buyer in Indiana who is not an Indiana resident
• Is intended primarily for use and operation on public highways
• Is required to be registered or licensed

Which vehicles are NOT covered under the Indiana lemon law?

The Indiana lemon law DOES NOT cover:

• Conversion vans
• Motor homes
• Farm tractors
• Machines used in the actual production, harvesting and care of farm products
• Road building equipment
• Truck tractors and road tractors
• Motor cycles, mopeds and snowmobiles
• Vehicles designed primarily for off-road use

Does the Indiana lemon law cover used vehicles?

• No, the Indiana lemon law DOES NOT cover used vehicles.

Who are the consumers protected by the Indiana lemon law?

The Indiana lemon law protects:

• Any person who enters into an agreement or contract in Indiana for transfer, lease or purchase of a motor vehicle, for purposes other than resale or sublease

How does the Indiana lemon law define nonconformity?

The Indiana lemon law defines nonconformity as:

• Any specific or generic defect or condition or any concurrent combination of defects or conditions that substantially impairs the use, market value or safety of a motor vehicle
• Any specific or generic defect or condition or any concurrent combination of defects or conditions that renders the motor vehicle nonconforming to the terms of an applicable manufacturer’s warranty

How does the Indiana lemon law define nonconformity?

According to the Indiana lemon law, a defect recurring in your new car is presumed to be nonconforming if:

• The manufacturer has attempted at least four times to repair the same defect without success
• Your new car is out of service due to the nonconformity for a total of 30 business days

How does the Indiana lemon law work?

To get the Indiana lemon law work in your favor, you must:

• Send a notice to manufacturer regarding your lemon vehicle

How soon should I send the notice to the manufacturer regarding the nonconformity?

The Indiana lemon law requires you to send a notice to manufacturer regarding the nonconformity in your vehicle:

• During the Term of Protection
• The earlier of 18 months or 18,000 miles after original delivery

What is the choice afforded to me for my lemon buy, by the Indiana lemon law?

The Indiana lemon law affords you a choice for a:

• Refund for your lemon buy
• Replacement of your lemon buy

What does the refund for my lemon vehicle include under the Indiana lemon law?

The Indiana lemon law allows:

• A reasonable deduction ONLY from the refund as the miles before vehicle’s return, divided by 100,000 and multiplied by the contract price for the use of your lemon buy
• The Indiana lemon law does NOT allow any reasonable deduction for a replacement vehicle.

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Indiana lemon law attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

In Indiana, state law provides legal protection in the form of lemon laws to help you if you purchase a used car that turns out to have serious defects. The Indiana lemon law sets standards that sellers must follow if the vehicles sold by them are found to have defects.
The Indiana Legislature established the Indiana lemon law or the Motor Vehicle Protection Act, in 1988.

• The Indiana lemon law protects buyers of new and used vehicles in Indiana
• The Indiana lemon law protects anyone who leases a vehicle under a written agreement
• The lemon law protects consumers by providing them with safeguards against anyone selling a car that has serious defects

The Indiana lemon law applies to warrantied vehicles that

• Weigh less than 10,000 pounds
• Registered in Indiana
• Used on public highways and other roads
• Require registration or licensing before use

The Indiana lemon law does not cover conversion vans, motor homes, farm tractors, snowmobiles, motorcycles or ATVs.

The Indiana lemon law requires:

• The manufacturers to repair, replace or repurchase a vehicle sold to the consumer if it has defects that substantially impair the use, market value or safety
• Consumers to take their vehicles to the dealer or seller to report the problem and request repairs as soon as possible

The Indiana lemon law allows a buyer a limited amount of time to make a lemon law claim on a vehicle, that is within 18,000 miles or 18 months from the date of the delivery of the vehicle. The Indiana lemon law protects a consumer if he has first requested for repairs within the set period of the 18-month period.

The Indiana lemon law allows the seller or the manufacturer another chance of repairing the vehicle which means that the Indiana lemon law provides for ‘a reasonable number of repair attempts’. According to the Indiana lemon law, the ‘reasonable number’ is four. The Indiana lemon law allows 30 business days for repairs. The Indiana lemon law requires the seller or manufacturer to provide the buyer with an alternative vehicle while the vehicle is subjected to repairs.

According to the Indiana lemon law, if the issue persists even after the reasonable number of repairs, the seller or manufacturer must buy back the vehicle or provide a replacement within 30 days.

• The repurchase price must be equal to the total contract price at the time of sale
• The repurchase price must include all sales tax
• The repurchase price must include the registration fee and excise tax paid by the buyer at the time the vehicle was purchased
• The repurchase price must include incidental expenses incurred by the consumer for towing and rental car caused by the nonconformity

The Magnuson-Moss Warranty Act: If the defects with your vehicle do not meet the requirements of the Lemon Law, you may have claims under other state and federal laws that protect owners of new or used vehicles.

The Magnuson-Moss Warranty act is a Federal Law that protects you if your vehicle is defective and has an express written warranty. The Magnuson-Moss Warranty act applies to your defective vehicle that does not perform as it should. The Magnuson-Moss Warranty act greatly affects the rights of car buyers. a vehicle manufacturer cannot void the warranty on a vehicle due to an after market part unless he can prove that the after market part caused or contributed to the failure in the vehicle as per the Magnuson Moss Warranty Act -15 U.S.C. 2302(C). If your car is a lemon and has a written warranty, the warranter must permit you the choice of either a refund or replacement of the defective car.

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Indiana lemon law attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

The Indiana lemon law can afford you the protection you would need if you have unwittingly bought yourself a lemon vehicle. Get rid of your lemon motor vehicle through the Indiana lemon law. The Indiana lemon law can under the right circumstances make the manufacturer replace or buy it back.

According to the Indiana lemon law your car or light truck is a lemon if:

• It has a defect that substantially impairs its use, value or safety
• The same defect is not fixed even after four attempts to fix it

Vehicles that are not covered by the Indiana lemon law:

The Indiana lemon law does not apply to motor home vehicles. The Indiana lemon law does not cover all vehicles. The Indiana lemon law does not cover conversion vans, motor homes, farm tractors, and other machines used in production and harvesting. The Indiana lemon law does not cover the machines used in the care of farm products. The Indiana lemon law does not cover road building equipment, truck tractors, road tractors, motorcycles, mopeds, snowmobiles, or vehicles designed primarily for off road use.

According to the Indiana lemon law a lemon vehicle has:

• Its issues started appearing within the first 18 months or 18,000 miles after the purchase of the vehicle
• Been subjected to at least four repair attempts for the same defect without success
• Spent a total of 30 business days or more for repairs for the same issue

The Indiana lemon law states that if you suspect you have a lemon vehicle you must:

• Report the problem within 18 months of purchase or before 18,000 miles, whichever comes first
• Take your vehicle to only an authorized dealer for repair
• Allow the dealer a reasonable number of attempts to repair
• Request a copy of the written repair order every time you take your car to the dealer for repair or examination

The Indiana lemon law states that

• The manufacturer has 30 days to accept the return of your vehicle
• The manufacturer at your option has to replace the vehicle or refund your money
• If the manufacturer does not resolve your claim, you must file a lawsuit within two years from the date you first reported the problem to the dealer

Get the Indiana lemon law protection

Read the owner’s manual and vehicle warranty to check if:

• A written notice to the manufacturer is required, in which case you must send him a written notice of your problem, along with copies of all the repair orders at the address given in the owner’s manual or vehicle warranty
• The manufacturer has adopted an informal dispute procedure that has been certified by the Attorney General, in which case you must follow the procedure before you can file a lawsuit under the Lemon Law
• A notice is not required and the manufacturer does not have an informal dispute procedure, you may file a lawsuit without notifying the manufacturer of your claim

Consult an Indiana lemon law attorney to determine the best course to get your Indiana lemon Law protection. If you win the lawsuit, you can recover all the costs and attorney fees.

Options other than the Indiana lemon law: There are also other Federal and Indiana laws that deal with contracts and warranties for new products.

The Magnuson-Moss Warranty Act: If the defects with your vehicle do not meet the requirements of the Indiana lemon law, you may have claims under other state and federal laws that protect owners of new or used vehicles.

The Magnuson-Moss Warranty act is a Federal Law that protects you if your vehicle is defective and has an express written warranty. The Magnuson-Moss Warranty act applies to your defective vehicle that does not perform as it should. The Magnuson-Moss Warranty act greatly affects the rights of car buyers. a vehicle manufacturer cannot void the warranty on a vehicle due to an after market part unless he can prove that the after market part caused or contributed to the failure in the vehicle as per the Magnuson Moss Warranty Act -15 U.S.C. 2302(C). If your car is an Indiana lemon and has a written warranty, the warranter must permit you the choice of either a refund or replacement of the defective car.

Before deciding on a particular course of action, consult an Indiana lemon law attorney to discuss alternatives. In consultation with your Indiana lemon law attorney determine the best course of action to claim your Indiana lemon law rights.

Document all the events: Keep all receipts and records concerning repairs to your vehicle. Note the issue and date of all repairs along with the period your vehicle is in the mechanic’s shop. These records will help you win your Indiana lemon law claim.

The directives given above are not intended as legal advice. You may pursue your lemon law claim or any other dispute with your automobiles by being in communication with Indiana lemon law attorneys of Krohn & Moss Ltd., or Call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation.

Indiana lemon law does apply to Indiana used cars, provided the problem was reported to the manufacturer or it’s authorized dealer within the first 18 months or 18,000 miles from the vehicle’s original in-service date/mileage.

Lemon Laws in Indiana: If the car you purchased is a recent model and meets the above mileage and time requirements of Lemon Law, Indiana will allow you to pursue a repurchase or replacement vehicle.

There are also many other laws that can help you obtain monetary damages if you have landed an Indiana lemon used car.

• The Federal Trade Commission’s (FTC) Used Car Rule: The FTC’s Used Car Rule requires dealers to provide Indiana used car consumers with a Buyer’s Guide indicating what warranties are being provided with the vehicle, if any, and other types of information. The Buyer’s Guide is part of your sales contract and overrides any conflicting provisions in the contract. If the dealer fails to do so you may have the basis for a legal action
• The Indiana Deceptive Consumer Sales Act: In the event the dealer has made any verbal promises and avoided disclosing issues that were already present in the used car he sold you, you may have a cause of action. These laws can often be used even if the used car is sold ‘AS IS,’ if the dealer is guilty of a verbal deception or a failure to disclose information about the vehicle
• The Uniform Commercial Code: When a dealer disclaims a warrant of merchantability, he can be challenged through the Uniform Commercial Code (UCC). The UCC can also be used to cancel the sale of a used car
• The Truth in Lending Act and the Federal Odometer Act: They may also help you get protection from the Indiana lemon used car
• The federal Magnuson-Moss Warranty Act: if the Indiana used car purchase comes with written or implied warranties, or service contract (see below) the federal Act may be used when the vehicle suffers from excessive breakdowns
• Implied Warranty of Merchantability: A warrant of merchantability is an implied warranty and implies that a vehicle will function as expected but may not cover every component of a vehicle
• Express Warranties: Express warranties are those that are stated besides the verbal representations and advertisements made by a salesperson at the dealership
• The federal Truth in Mileage Act (TIMA): TIMA helps combat odometer fraud on used cars and will do so if your vehicle was sold with a false odometer statement

When does your used car qualify for cash or other lemon law benefits

The following warranties if breached are covered under special federal lemon laws:

• Any warranty left from the manufacturer when you purchased the Indiana lemon used car
• Your vehicle was ‘Certified’ by the manufacturer and comes with a short Manufacturer’s Warranty
• An Extended Warranty backed by the manufacturer

If your Indiana lemon used car does not have any type of manufacturer’s warranty you may still be protected and compensated for violations of consumer protection laws.

Keep an eye open for issues in your Indiana used car as the following:

• Laundered Lemon
• Odometer fraud
• History of stolen, stripped and rebuilt
• Salvaged from accident, flood or fire

Even if you had bought a car in ‘AS IS’ condition knowingly, it does not void your rights under applicable laws.

Indiana Lemon Law, also known as the Motor Vehicle Protection Act provides protection to resident consumers with vehicles that do not meet certain standards or have nonconformities.

According to the Indiana Lemon Law a vehicle is considered to be a Lemon if the nonconformities:

• Substantially impair the use, market value, or safety of the vehicle
• Render the motor vehicle defective and breaches manufacturer’s warranty

Vehicles covered by the Indiana Lemon Law

The Indiana Lemon Law protects

• A car bought or leased for personal use in Indiana
• Light truck bought in Indiana

Your car is an Indiana Lemon car if it

• Is not 18 months old yet and has travelled fewer than 18,000 miles
• Was subjected to at least four repair attempts for the same nonconformity by the authorized dealer and the problem is not remedied
• The car is out of service for a cumulative of 30 business days due to repairs

Steps you should take to get Indiana Lemon Law protection

• Report the problem within 18 months of purchase or before 18,000 miles, whichever comes first
• Save copies of every repair order when the dealership repairs or examines your car

Sale of Indiana Lemon Buyback and Title Branding

If the manufacturer has replaced your lemon car with a new one or had bought it back through a refund, the manufacturer is required to obtain a new title for it before the vehicle is resold as it is an Indiana Lemon Law buyback. The Indiana Lemon Law buyback should have a brand or stamp as ‘The Manufacturer’s Buyback-Disclosure On File’. This stamp or brand should remain on the vehicle’s title for the rest of the servicing years of the vehicle.

When a dealer sells a vehicle that had previously been repurchased or replaced under the Indiana Lemon Law, the purchase should be accompanied by:

• A written notice that the vehicle was repurchased or replaced under the Indiana Lemon Law
• A 12-month or 12,000 mile manufacturer’s warranty

Indiana lemon law covers new or previously owned self-propelled vehicle primarily designed for use on public highways with a serious mechanical problem that was purchased or leased in Indiana. The Indiana lemon law states that the mechanical problem should be first reported within the first 18 months of the vehicle’s original delivery date, or within the vehicle’s first 18,000 miles of operation, whichever comes first. The Indiana lemon law covers personal vehicles with a manufacturer’s gross vehicle weight rating (GVWR) of 10,000 pounds or less.

The Indiana lemon law does not protect:

• Vehicles with a gross weight over 10,000 lbs
• Motor homes
• Motorcycles or mopeds
• Conversion vans
• Farm machinery
• Snowmobiles
• Vehicles designed primarily for off-road use
• The cosmetic flaws in a vehicle
• Defects occurred due to the negligence on the part of the owner
• Defects occurred as a result of an accident involving the vehicle
• Problems resulted from modification or repair performed by a non- authorized person or facility

To qualify to get the protection from the Indiana lemon law the mechanical problem in the vehicle must

• Substantially impair the use, market value, or safety of a motor vehicle
• Render the motor vehicle nonconforming to the terms of an applicable manufacturer’s warranty

The Indiana lemon law states that:

• The vehicle is in the custody of the manufacturer or its authorized dealer for repairs over a cumulative period of 30 calendar days or more
• Repair attempts are made during the first 18 months or 18,000 miles, whichever occurs first
• The manufacturer is given a reasonable number of (4) chances to repair the mechanical problem in your vehicle
• The car was rendered useless and sat in an authorized repair shop for a cumulative total of thirty days
• You must send a certified letter to the manufacturer informing them of the nonconformity of the manufacturer’s warranty
• The manufacturer will attempt to repair the problem even if the repairs are made after expiration of the term of protection

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 within thirty (30) days or refund the amount paid by the buyer or provide a replacement vehicle of comparable value.

Indiana lemon law attorneys at Krohn & Moss, Ltd, handle Indiana lemon law claims for consumers in Indiana. We stay informed of the latest legal developments to get the best results for your claim.