9-32-13-4. Sale of Motor Vehicle Having Trade Name or Mark for Which Dealer Lacks Franchise
Sec. 4. It is an unfair practice for a dealer to sell a new motor vehicle having a trade name, trade or service mark, or related characteristic for which the dealer does not have a franchise in effect at the time of the sale. However, a motor vehicle having more than one (1) trade name, […]
9-32-13-19. Failure to Indemnify and Hold Harmless Dealer for Losses, Costs, and Expenses From Suit for Defect
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 […]
9-32-13-5. Willful Failure of Dealer to Perform Fiduciary Duty to Collect and Remit Gross Retail Tax
Sec. 5. It is an unfair practice for a dealer to willingly fail to perform the fiduciary duty imposed on the dealer by IC 6-2.5-2-1 with regard to the collection and remittance of the state gross retail tax. Willful violation of the fiduciary duty includes written or oral agreements between a dealer and a prospective […]
9-32-13-20. False, Deceptive, or Misleading Advertising; Deceptive Acts or Practices
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.
9-32-13-6. Sale, Exchange, or Transfer by Dealer of Rebuilt or Salvage Vehicle Without Disclosure That Vehicle Was Rebuilt or Salvage
Sec. 6. (a) For purposes of this section, “salvage vehicle” has the meaning set forth in IC 9-13-2-160(2). (b) It is an unfair practice for a dealer to sell, exchange, or transfer a rebuilt or salvage vehicle without disclosing in writing to the purchaser, customer, or transferee the fact that the motor vehicle is a […]
9-32-13-21. Unfair Practices of Employees, Agents, Officers, Partners, or Representatives
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.
9-32-13-7. Document Preparation Fees
Sec. 7. (a) Except as provided in subsection (b), it is an unfair practice for a dealer to charge a document preparation fee in excess of two hundred dollars ($200). A document preparation fee under this section must be: (1) included in the advertised sale price of a vehicle; and (2) affirmatively disclosed: (A) in […]
9-32-13-8. Violation of Deceptive Franchise Practices Provisions
Sec. 8. (a) It is an unfair practice for a manufacturer or distributor to violate IC 23-2-2.7. (b) It is an unfair practice for a manufacturer or distributor to enter into an agreement in which a dealer is required to waive the provisions of: (1) this chapter; or (2) IC 23-2-2.7. However, this subsection does […]
9-32-13-9. Manufacturer or Distributor Coercing Dealers to Order
Sec. 9. It is an unfair practice for a manufacturer or distributor to coerce a dealer to order parts, accessories, equipment, machinery, tools, appliances, or any other commodity from a person. As added by P.L.92-2013, SEC.78.
9-32-13-10. Manufacturer or Distributor Requiring Changes in Capital Structure or Financing
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 […]