Indiana Lemon Law Summary

Indiana Code §§ 24-5-13-1 through 24-5-13-24; §§ 24-5-13.5-1 through 24-5-13.5-14.

Time period for filing Indiana lemon law claims: Two years following consumer's first report of nonconformity to manufacturer, agent or dealer. First report must occur within the Term of Protection, the earlier of 18 months or 18,000 miles after original delivery.

Indiana lemon law - Eligible vehicle:
Any self-propelled vehicle that

• Has a GVW less than 10,000 pounds
• Is sold to a buyer in Indiana and is registered in Indiana, or to 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

Indiana lemon law excludes

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

Indiana lemon law - Eligible consumer: Any person who, for purposes other than resale or sublease, enters into an agreement or contract in Indiana for the transfer, lease or purchase of a motor vehicle.

Time period for first occurrence or notice: During the Term of Protection, the earlier of 18 months or 18,000 miles after original delivery.
Presumption or definition

• Four repair attempts
• Out of service for 30 business days

Notice to manufacturer: Written notice required before consumer is eligible for refund or replacement.
Nonconformity defined
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
• Renders the motor vehicle nonconforming to the terms of an applicable manufacturer's warranty

Manufacturer's obligation to repair: If the consumer reports the nonconformity to the manufacturer, his agent or authorized dealer within the term of protection, the nonconformity must be corrected, even if the repairs are made after the expiration of the term of protection.

Manufacturer's obligation to repurchase or replace: If the manufacturer, agent or authorized dealer is unable to correct nonconformity after a reasonable number of attempts, the manufacturer must, at the consumer's option, either repurchase or replace the vehicle.

Notice of nonconformity and final opportunity to repair: The consumer must notify the manufacturer in writing of a lemon law claim if the manufacturer has clearly and conspicuously disclosed in the warranty or owner's manual that such notice is required. The manufacturer must also include in the warranty or owner's manual the name and address to which the consumer must send the written notice.

Refund Purchased Vehicle

Refund consists of full contract price of the vehicle including:

• All credits and allowances for any trade-in vehicle
• All sales tax
• The unexpended portion of the registration fee and excise tax that has been prepaid for any calendar year
• All expended finance charges
• The cost of all options added by the authorized dealer
• Necessary towing and rental car costs incurred as a direct result of the nonconformity
• Less a reasonable allowance for use

Leased Vehicle

To the lessor:

• 105% of the lessor's purchase cost including freight and accessories
• Any fee paid by the lessor to another to obtain the lease
• Any insurance premiums or other costs expended by the lessor for the benefit of the lessee
• Sales tax paid by the lessor
• Minus 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

To the lessee:

• All deposit and lease payments paid by the lessee to the lessor, including all credits and allowances for any trade-in vehicles
• Necessary towing and rental car costs incurred as a direct result of the nonconformity
• Less a reasonable allowance for useLess a reasonable allowance for use

Replacement: Replacement is a vehicle of comparable value.
The manufacturer must also reimburse the consumer for:

• Any fees for the transfer of registration or any sales tax incurred by the consumer as a result of replacement
• Necessary towing and rental costs actually incurred as a direct result of the nonconformity

Reasonable allowance: Applies to a refund but not to a replacement.Applies to a refund but not to a replacement.

Refund of sales tax: Manufacturer refunds sales tax to the consumer.

Attorney's fees: A consumer who prevails in a civil action is entitled to recover aggregate costs 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 consumer in connection with the commencement and prosecution of the action.

This information is not intended as legal advice. Please direct your specific questions to K&M attorneys and learn more about your lemon law rights in the state of Indiana. If you want to pursue your lemon law claim, call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation! Or submit your information online for your free case evaluation.