What Is The Lemon Law In Indiana?

What Is The Lemon Law In Indiana
Indiana’s ‘Lemon Law’ (The Motor Vehicle Protection Act) provides protection to Hoosiers who purchase vehicles that don’t meet certain basic standards. Report the problem within 18 months of initial ownership of the vehicle or before 18,000 total miles, whichever comes first.

Does Indiana have a lemon law for used cars?

Is there a Lemon Law for used cars in Indiana? YES! The Indiana Lemon Law does not distinguish between new and used cars. Instead, the law simply requires the vehicle’s defect be reported within the first 18 months or 18,000 miles of the vehicle’s life, whichever comes first.

What is a lemon car in Indiana?

The Motor Vehicle Protection Act (Indiana’s Lemon Law) affords protection to consumers who’ve purchased or leased a defective vehicle in the state of Indiana. Dealers that fail to fix defects within 4 attempts or 30 days must offer consumers a choice between a refund or a replacement vehicle of comparable value.

Can you return a car after buying it in Indiana?

Can you return a car in Indiana? I just bought a car from a dealership in Indiana last week, and it’s starting to have some issues I’m not comfortable with. Is there a way to return a car in Indiana? It depends. You cannot return a car in if you’ve already signed the paperwork,

  1. The Consumer Bill of Rights states that once you’ve agreed to buy a car, it’s yours.
  2. However, if the dealer doesn’t deliver a within 21 days, you can get a full refund,
  3. You also have 30 days to return a new car to the dealer if it has mechanical issues (i.e., is a lemon).
  4. Even if the car has mechanical problems, the does not apply to used vehicles.

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: Can you return a car in Indiana?

What rights do I have to return a used car?

If you buy a new or used car from a dealer and have problems with it, you have some statutory rights under the Consumer Rights Act 2015, The Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. (For a used car, “satisfactory quality” takes into account the car’s age and mileage.) You have a right to reject something faulty and you’re entitled to a full refund within 30 days of purchase in most cases.

  1. After 30 days, you lose the short-term right to reject the goods.
  2. You’ll also have fewer rights, such as only being able to ask for a repair or replacement, or a partial refund.
  3. In fact, you’re legally allowed to return it up to six years after you bought it (in Scotland, it’s five years after you first realised there was a problem).

But it gets more difficult to prove a fault and not normal wear and tear is the cause of any problem. Just because you didn’t buy your car new, doesn’t mean you don’t have rights if something goes wrong. You might still have a legal right to compensation.

when and where you bought it what the exact problem is whether you knew there was a problem when you bought it. This might be a repair, an amount of money to cover the cost of a repair, or a full or partial refund of the money you spent.

Citizens Advice have a tool that tells you what your consumer rights are. All you need is the date you bought your car and whether it was a private sale or bought through a trade seller. The vehicle should be of satisfactory quality, fit for its purpose and as described.

  1. With hire purchase, it’s the finance provider, rather than the dealer, who’s legally responsible if there are problems with the car.
  2. If you paid all or part of the cost of your car by credit card, the card company and the trader might be jointly responsible for compensating you under Section 75 of the Consumer Credit Act 1974.

Your purchase won’t be covered by Section 75 of the Consumer Credit Act. But you might be able to claim a refund from your debit card provider through a voluntary scheme known as ‘chargeback’. Visa, MasterCard, Maestro and American Express are among the companies signed up to chargeback.

Depending on the card you used, you’ll probably need to make your claim within 120 days of noticing the problem. Chargeback claims can take some time to process because the card company has to get the money refunded before they can pass it on to you. Buying privately is one of the riskiest ways of buying a car.

If something goes wrong with it you don’t have as much legal protection as you would if you’d bought the car from a dealer. The car must match the seller’s description, be roadworthy and the seller must have the legal right to sell it to you. In other words, the car must work, meet the legal requirements for being driven on public roads, and be owned by the seller.

See also:  What Is The Lemon Law In Arizona?

But you’re responsible for ensuring the car is “of satisfactory quality” and “fit for purpose” before you buy it. Watch out for any unscrupulous sellers pretending to be private owners so they can offload faulty or stolen cars. With online auctions, your legal rights depend on whether the seller is a private individual or a car dealer.

If the seller is a private individual, the car only needs to be as described – so it’s a case of ‘buyer beware’. Your legal rights are the same as if you were buying from them in person (see ‘Problems with used cars bought privately’ above). If the seller is a dealer, you’ll be protected by the Sale of Goods Act if you find the car isn’t of satisfactory quality, fit for purpose or as described.

How do I file a lemon law claim in Indiana?

Four requirements: – a car or light truck – purchased in the last eighteen months – less than 18,000 miles – bought or leased from Indiana Dealer Consumers may file a complaint with the Attorney General’s office by calling 1-800-382-5516 or by filing a complaint online,

Is there a 30 day warranty on used cars in Indiana?

The Indiana Lemon Law: Comprehensive Protection for New, Used Cars, Trucks & Other Vehicles Published on February 27th, 2017 Whether your car, truck, SUV, minivan, or other vehicle is “new” or “used” the Indiana Motor Vehicle Protection Act, IC 24-5-13, commonly referred to as the “,” provides comprehensive protection to Indiana consumers.

If the manufacturer of your vehicle, through its authorized dealers, failed to repair the vehicle after being afforded a reasonable number of attempts to do so, you may qualify for either the repurchase of your vehicle, or the manufacturer may be required to replace the vehicle with a comparable vehicle.

Additionally, the Indiana Lemon Law requires that if you prevail, the manufacturer will be required to pay your attorneys’ fees and costs. This provision in the law enables consumers to be able to find attorneys like those at Krohn & Moss, Ltd. Consumer Law Center ® who are willing to represent qualifying clients under the Indiana Lemon Law whereby the law firm will not charge the consumer for their time, but rather will seek their fees and costs from the manufacturer.

  1. To qualify for relief, you must only report a defect or non-conformity in your automobile to the manufacturer, by and through its authorized dealers, within eighteen (18) months after the date of delivery or eighteen thousand (18,000) miles driven on the vehicle, whichever occurs first.I.C.
  2. § 24-5-13-7.

While the Indiana Lemon Law requires a consumer to provide a vehicle manufacturer with a total of four (4) attempts or thirty (30) days to repair a defect or non-conformity that substantially impairs the use, value, or safety of the vehicle, the repair attempts may occur throughout the lifetime of the vehicle.I.C.

§ 24-5-13-8. Therefore, even if you first reported your problems to the dealer at 17,999 miles or at seventeen (17) months and twenty (20) days after your purchase, you may qualify for relief under the Indiana Lemon Law. Importantly, the Indiana Lemon Law empowers you to decide what type of relief would be best suited for you.

Section 10 of the Indiana Lemon Law provides that if the manufacturer has violated the law that at the consumer’s option, the manufacturer shall accept the return of the vehicle and refund the amounts paid less an offset for the consumer’s use of the vehicle, or provide a replacement vehicle of comparable value.I.C.

§ 24-5-13-10. If a refund is tendered, the consumer is entitled to recover all incidental costs associated with the purchase or lease of the vehicle, including but not limited to sales tax, registration fees, dealer added options and finance interest charges. By bringing a claim under the Indiana Lemon Law, you will be acting in accordance with the policies of the Indiana Legislature who enacted this remedial statute to provide broad protection to consumers.

As noted by the court in DaimlerChrysler Corp.v. Indiana Dept. of Revenue, the Indiana Lemon Law is a remedial statute and must be “liberally construed in favor of the consumer.” The court further stated that ” lemon laws are policy-driven statutes aimed at the long-standing problems resulting from the unequal playing field between consumers and manufacturers,” DaimlerChrysler Corp.v.

Indiana Dept. of Revenue, (citing Church v. Chrysler Corp,, 585 N.W.2d 685 (Wis. Ct. App.1998)). If your “new” or “used” vehicle is not reliable, contact the experienced at Krohn and Moss, Ltd. Consumer Law Center ® who have helped over 2,000 Indiana residents since first opening their Indiana Litigation department in 1999.

The attorneys at Krohn and Moss, Ltd. Consumer Law Center ® will provide you with a FREE CASE REVIEW in order to determine whether you qualify for the Indiana Lemon Law or any other consumer protection law. You may also use their free and quick Lemon Law case evaluator.

If you own a lemon, don’t just keep taking the vehicle back to the shop thinking there is nothing else you can do and don’t throw your hands up in the air and simply trade-in the vehicle. Rather, contact us toll free at 1-800-875-3666 or visit our website at http://www.yourlemonlawrights.com. We are here to help you and have the knowledge and experience to quickly assess your case and to provide you with a course of action that will seek to maximize your recovery under the law.

: The Indiana Lemon Law: Comprehensive Protection for New, Used Cars, Trucks & Other Vehicles

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What happens when you return a financed car?

What Is a “Deficiency”? – If you return the car to the lender, the lender will likely sell it. It will apply the proceeds of the sale to your car loan balance, after reimbursing itself for the costs of sale and certain fees. However, often the sale proceeds aren’t enough to cover your loan balance; the remainder of the loan amount is called the ” deficiency,” The car loan lender can then demand payment of the deficiency.

Can I return broken car on finance?

Can you cancel a car finance agreement if the car is faulty? – Stopping the monthly payments or cancelling the car finance would be a terrible idea. If you do, the loan company has the option of terminating your agreement and repossessing the car. It can then sell it at auction and sue you for the losses it has suffered.

Does Indiana have a 30 day lemon law?

The manufacturer has 30 days to accept return of your vehicle and, at your option, 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.

Is there a 30 day warranty on used cars in Indiana?

The Indiana Lemon Law: Comprehensive Protection for New, Used Cars, Trucks & Other Vehicles Published on February 27th, 2017 Whether your car, truck, SUV, minivan, or other vehicle is “new” or “used” the Indiana Motor Vehicle Protection Act, IC 24-5-13, commonly referred to as the “,” provides comprehensive protection to Indiana consumers.

If the manufacturer of your vehicle, through its authorized dealers, failed to repair the vehicle after being afforded a reasonable number of attempts to do so, you may qualify for either the repurchase of your vehicle, or the manufacturer may be required to replace the vehicle with a comparable vehicle.

Additionally, the Indiana Lemon Law requires that if you prevail, the manufacturer will be required to pay your attorneys’ fees and costs. This provision in the law enables consumers to be able to find attorneys like those at Krohn & Moss, Ltd. Consumer Law Center ® who are willing to represent qualifying clients under the Indiana Lemon Law whereby the law firm will not charge the consumer for their time, but rather will seek their fees and costs from the manufacturer.

To qualify for relief, you must only report a defect or non-conformity in your automobile to the manufacturer, by and through its authorized dealers, within eighteen (18) months after the date of delivery or eighteen thousand (18,000) miles driven on the vehicle, whichever occurs first.I.C. § 24-5-13-7.

While the Indiana Lemon Law requires a consumer to provide a vehicle manufacturer with a total of four (4) attempts or thirty (30) days to repair a defect or non-conformity that substantially impairs the use, value, or safety of the vehicle, the repair attempts may occur throughout the lifetime of the vehicle.I.C.

  1. § 24-5-13-8.
  2. Therefore, even if you first reported your problems to the dealer at 17,999 miles or at seventeen (17) months and twenty (20) days after your purchase, you may qualify for relief under the Indiana Lemon Law.
  3. Importantly, the Indiana Lemon Law empowers you to decide what type of relief would be best suited for you.

Section 10 of the Indiana Lemon Law provides that if the manufacturer has violated the law that at the consumer’s option, the manufacturer shall accept the return of the vehicle and refund the amounts paid less an offset for the consumer’s use of the vehicle, or provide a replacement vehicle of comparable value.I.C.

§ 24-5-13-10. If a refund is tendered, the consumer is entitled to recover all incidental costs associated with the purchase or lease of the vehicle, including but not limited to sales tax, registration fees, dealer added options and finance interest charges. By bringing a claim under the Indiana Lemon Law, you will be acting in accordance with the policies of the Indiana Legislature who enacted this remedial statute to provide broad protection to consumers.

As noted by the court in DaimlerChrysler Corp.v. Indiana Dept. of Revenue, the Indiana Lemon Law is a remedial statute and must be “liberally construed in favor of the consumer.” The court further stated that ” lemon laws are policy-driven statutes aimed at the long-standing problems resulting from the unequal playing field between consumers and manufacturers,” DaimlerChrysler Corp.v.

  • Indiana Dept.
  • Of Revenue, (citing Church v.
  • Chrysler Corp,, 585 N.W.2d 685 (Wis. Ct.
  • App.1998)).
  • If your “new” or “used” vehicle is not reliable, contact the experienced at Krohn and Moss, Ltd.
  • Consumer Law Center ® who have helped over 2,000 Indiana residents since first opening their Indiana Litigation department in 1999.
See also:  When Was The Cipa Law Passed?

The attorneys at Krohn and Moss, Ltd. Consumer Law Center ® will provide you with a FREE CASE REVIEW in order to determine whether you qualify for the Indiana Lemon Law or any other consumer protection law. You may also use their free and quick Lemon Law case evaluator.

  1. If you own a lemon, don’t just keep taking the vehicle back to the shop thinking there is nothing else you can do and don’t throw your hands up in the air and simply trade-in the vehicle.
  2. Rather, contact us toll free at 1-800-875-3666 or visit our website at http://www.yourlemonlawrights.com.
  3. We are here to help you and have the knowledge and experience to quickly assess your case and to provide you with a course of action that will seek to maximize your recovery under the law.

: The Indiana Lemon Law: Comprehensive Protection for New, Used Cars, Trucks & Other Vehicles

What rights do I have to return a used car?

If you buy a new or used car from a dealer and have problems with it, you have some statutory rights under the Consumer Rights Act 2015, The Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. (For a used car, “satisfactory quality” takes into account the car’s age and mileage.) You have a right to reject something faulty and you’re entitled to a full refund within 30 days of purchase in most cases.

  1. After 30 days, you lose the short-term right to reject the goods.
  2. You’ll also have fewer rights, such as only being able to ask for a repair or replacement, or a partial refund.
  3. In fact, you’re legally allowed to return it up to six years after you bought it (in Scotland, it’s five years after you first realised there was a problem).

But it gets more difficult to prove a fault and not normal wear and tear is the cause of any problem. Just because you didn’t buy your car new, doesn’t mean you don’t have rights if something goes wrong. You might still have a legal right to compensation.

when and where you bought it what the exact problem is whether you knew there was a problem when you bought it. This might be a repair, an amount of money to cover the cost of a repair, or a full or partial refund of the money you spent.

Citizens Advice have a tool that tells you what your consumer rights are. All you need is the date you bought your car and whether it was a private sale or bought through a trade seller. The vehicle should be of satisfactory quality, fit for its purpose and as described.

With hire purchase, it’s the finance provider, rather than the dealer, who’s legally responsible if there are problems with the car. If you paid all or part of the cost of your car by credit card, the card company and the trader might be jointly responsible for compensating you under Section 75 of the Consumer Credit Act 1974.

Your purchase won’t be covered by Section 75 of the Consumer Credit Act. But you might be able to claim a refund from your debit card provider through a voluntary scheme known as ‘chargeback’. Visa, MasterCard, Maestro and American Express are among the companies signed up to chargeback.

Depending on the card you used, you’ll probably need to make your claim within 120 days of noticing the problem. Chargeback claims can take some time to process because the card company has to get the money refunded before they can pass it on to you. Buying privately is one of the riskiest ways of buying a car.

If something goes wrong with it you don’t have as much legal protection as you would if you’d bought the car from a dealer. The car must match the seller’s description, be roadworthy and the seller must have the legal right to sell it to you. In other words, the car must work, meet the legal requirements for being driven on public roads, and be owned by the seller.

  • But you’re responsible for ensuring the car is “of satisfactory quality” and “fit for purpose” before you buy it.
  • Watch out for any unscrupulous sellers pretending to be private owners so they can offload faulty or stolen cars.
  • With online auctions, your legal rights depend on whether the seller is a private individual or a car dealer.

If the seller is a private individual, the car only needs to be as described – so it’s a case of ‘buyer beware’. Your legal rights are the same as if you were buying from them in person (see ‘Problems with used cars bought privately’ above). If the seller is a dealer, you’ll be protected by the Sale of Goods Act if you find the car isn’t of satisfactory quality, fit for purpose or as described.