Indiana Lemon Law for Used Cars and Other Indiana Laws that Cover Used Cars

Published: 05th August 2010
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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.

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Jun 29

The Indiana Lemon Law - Disclosure on File for Replaced or Repurchased Vehicles

Indiana Lemon Law No Comments »

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

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