Sec. 27. (a) It is an unfair practice for a manufacturer or distributor to do the following: (1) Cancel or terminate a franchise of a franchisee, or fail or refuse to extend or renew a franchise upon the franchise’s expiration, without good cause and notice to the franchisee by certified mail, return receipt requested: (A) […]
Sec. 28. (a) This section applies when a dealer requests payment from a manufacturer or distributor following: (1) the termination, cancellation, or nonrenewal by the manufacturer or distributor of a franchise between the dealer and the manufacturer or distributor; or (2) the discontinuance of a line make by the manufacturer or distributor. (b) Not more […]
Sec. 29. (a) This section applies when a manufacturer or distributor terminates, cancels, or fails to renew a franchise between the manufacturer or distributor and a dealer, unless the termination, cancellation, or failure to renew is due to any of the following: (1) The dealer files for bankruptcy or enters into receivership. (2) The dealer’s […]
Sec. 3. It is an unfair practice for a dealer to willingly fail to perform the obligations imposed on the dealer in connection with the warranty agreement of the manufacturer or distributor applicable to any motor vehicle sold by the dealer. As added by P.L.92-2013, SEC.78.
Sec. 30. (a) A manufacturer or distributor may not coerce or require a dealer to: (1) make an improvement to the dealer’s facilities; or (2) install signs or other franchisor image elements; that would result in replacing or substantially altering improvements or image elements that the dealer made or installed during the immediately preceding seven […]
Sec. 31. (a) A dealer that alleges the commission of an unfair practice by a manufacturer or distributor in violation of section 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 28, 29, or 30 of this chapter may file a complaint with the division under IC 9-32-16-15. (b) […]
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, […]
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 […]
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 […]
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 […]
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 […]
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.
