Sec. 1. It is an unfair practice for a dealer to require a purchaser of a motor vehicle, as a condition of sale and delivery of the motor vehicle, to purchase any equipment, part, or accessory not ordered by the purchaser unless the equipment, part, or accessory is: (1) already installed on the motor vehicle […]
Sec. 10. It is an unfair practice for a manufacturer or distributor to prevent or require, or attempt to prevent or require, by contract or otherwise, a change in the capital structure of a dealer or the means by or through which the dealer finances the dealer’s operation, if the dealer at all times meets […]
Sec. 11. It is an unfair practice for a manufacturer or distributor to prevent or require, or attempt to prevent or require, a dealer to change the dealer’s executive management, other than the principal dealer operator or operators, if the franchise was granted in reliance upon the personal qualifications of the principal dealer operator or […]
Sec. 12. It is an unfair practice for a manufacturer or distributor to prevent or require, or attempt to prevent or require, by contract or otherwise, a dealer or an officer, a partner, or a stockholder of a dealer to sell or transfer a part of the interest of the officer, partner, or stockholder to […]
Sec. 13. It is an unfair practice for a manufacturer or distributor to prevent or attempt to prevent a dealer from receiving fair and reasonable compensation for the value of the franchised business as a going concern. The dealer may not transfer or assign the dealer’s franchise without the consent of the manufacturer or distributor, […]
Sec. 14. It is an unfair practice for a manufacturer or distributor to employ a person as a representative who is not certified under this article. As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.100.
Sec. 15. (a) It is an unfair practice for a manufacturer or distributor to fail to compensate a dealer at the dealer’s retail rate for the work and services the dealer is required to perform in connection with the dealer’s delivery and preparation obligations under any franchise, or fail to compensate a dealer anything less […]
Sec. 15.5. (a) This section does not apply to manufacturers or distributors of manufactured housing, heavy duty vocational vehicles (as defined in 49 CFR 523.8), or recreational vehicles. (b) Unless otherwise agreed, it is an unfair practice for a manufacturer or distributor to fail to compensate a dealer anything less than the dealer’s retail rates […]
Sec. 16. (a) A manufacturer or distributor and at least thirty percent (30%) of its franchisees in Indiana of the same line make may agree in an express written contract citing this section to a uniform warranty reimbursement policy to be used by franchisees for the performance of warranty repairs. The contract must include reimbursement […]
Sec. 17. (a) It is an unfair practice for a manufacturer or distributor to: (1) fail to pay a claim made by a dealer for compensation for: (A) delivery and preparation work; (B) warranty work; and (C) incentive payments; not later than thirty (30) days after the claim is approved; (2) fail to approve or […]
Sec. 18. (a) It is an unfair practice for a distributor to sell a motor vehicle for resale to a person not licensed under this article. (b) This subsection applies if a dealer sells or leases a motor vehicle to a customer that resells the motor vehicle or exports the motor vehicle to a foreign […]
Sec. 19. It is an unfair practice for a manufacturer or distributor to refuse or fail to indemnify and hold harmless a dealer, upon written notification from the dealer, from all losses, costs, and expenses that result or arise from or are related to a complaint, claim, defense, or suit against the dealer that concerns […]
Sec. 2. It is an unfair practice for a dealer to willingly fail to perform the obligations imposed on the dealer in connection with the delivery and preparation of a new motor vehicle for retail sale as provided in the preparation and delivery agreement of the manufacturer or distributor applicable to the motor vehicle. As […]
Sec. 20. It is an unfair practice for any person required to be licensed under this article, in connection with the person’s business, to use false, deceptive, or misleading advertising or to engage in deceptive acts or practices. As added by P.L.92-2013, SEC.78. Amended by P.L.151-2015, SEC.75.
Sec. 21. It is an unfair practice for an employee, an agent, an officer, a partner, or a representative of a licensee to engage in a practice prohibited by this chapter. As added by P.L.92-2013, SEC.78.
Sec. 22. (a) It is an unfair practice for a manufacturer to terminate a franchise in violation of IC 23-2-2.7-3. A dealer may not transfer, assign, or sell the business and assets of a dealership or an interest in the dealership to another person under an agreement that contemplates or is conditioned on a continuation […]
Sec. 23. (a) It is an unfair practice for a manufacturer, distributor, officer, or agent to do any of the following: (1) Require, coerce, or attempt to coerce a new motor vehicle dealer in Indiana to: (A) change the location of the dealership; (B) make any substantial alterations to the use of franchises; or (C) […]
Sec. 24. (a) This section does not apply to the relocation of a new motor vehicle dealer to a location that is not more than two (2) miles from its established place of business. (b) This section does not apply to the reopening or replacement in a relevant market area of a closed dealership that […]
Sec. 25. It is an unfair practice for a person to: (1) act as; (2) offer to act as; or (3) profess to be; a broker in the advertising, buying, or selling of a motor vehicle. As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.104; P.L.120-2020, SEC.69.
Sec. 26. It is an unfair practice for a dealer to, in connection with the offer, sale, or purchase of a motor vehicle, directly or indirectly: (1) employ a device, scheme, or artifice to defraud; (2) make an untrue statement of a material fact or omit to state a material fact necessary to make the […]
