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.

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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

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Toyota Motor Corporation does not appear to be allowing itself a breather from recalls of its prestigious cars when it has decided to recall its high profile sedans. The company has sold about 7,000 Lexus “LS” sedans in the U.S., Europe, China, the Middle East, Southeast Asia and Australia. The recalls to fix this steering problem will apply to the LS 460, LS 460 L, LS 600h, and the LS 600h L. and affects 3,800 2010 “LS” in the United States.

The recall figures of Lexus LS may not be overwhelming but it would be a cause of embarrassment to Toyota considering its promise of a flawless and outstanding car to its consumers. Sadly, the steering problems have let this supreme vehicle down, adding to the spate of Toyota recalls.

This was after a series of complaints from consumers in Japan about steering problem.

The issues:

• Steering wheels in the affected cars came off center and out of alignment with the direction of the car’s wheels

The issues involve a computerized system that oversees how the steering wheel controls the tires

The steering system oversees the steering wheel that turns the tires on a car. The drivers can turn the wheels at a very low speed while attempting to navigate as in small parking slots and at very high speeds. Drivers complained that during both these processes, the wheels of their Lexus LS failed to quickly return to their original position but took “a few seconds”.

According to a Toyota spokesperson, the problem is due to mechanical components and software issues.

This debacle of recall of the luxury car Lexus LS from Toyota would do no good to the morale of the auto giant and the trust of the consumers. Toyota has agreed to pay a record fine for failing to maintain acceptable safety standards in its vehicles. The series of recalls and the congressional hearings are only adding insult to injury. Tuesday Toyota had paid a record $16.4 million fine in the U.S and still has to clear scores of state and federal lawsuits.

Toyota has ordered a recall of over 8 million vehicles since November 2009, mostly for the well publicized floor mat and accelerator pedal issues and unintended accelerations. Toyota believes that faulty electronics are not to be blamed for unintended accelerations in those vehicles. Toyota has recalled about 10,000 Lexus SUVs in April in the U.S. after Consumer Reports magazine put a “Don’t Buy” recommendation on them for failing an emergency handling test. The magazine relented and lifted the rating only after 34,000 vehicles were recalled worldwide.

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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.

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