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Ind. Code § 9-32-11-23

Remedy procedure requirements for a manufacturer or distributor; compensation

Redline — January 1, 2023 → current.View current text →
Current — January 1, 2025
As of January 1, 2023
Sec. 23. (a) Except as otherwise provided in an agreement for reimbursement between a manufacturer or distributor and a dealer, a manufacturer or distributor shall provide a remedy procedure or parts to repair a used motor vehicle that is subject to a stop sale directive, if:
Sec. 23. (a) Except as otherwise provided in an agreement for reimbursement that provides for reimbursement in an amount that is equivalent to or greater than the amount set forth in subsection (b), a manufacturer or distributor shall provide a remedy procedure or parts to repair a new or used motor vehicle that is subject to a stop sale directive, if:
(1) the dealer has an active sales and service agreement with the manufacturer or distributor for the line make of the used motor vehicle subject to the stop sale directive; and
(1) the dealer has an active sales and service agreement with the manufacturer or distributor for the line make of the new or used motor vehicle subject to the stop sale directive; and
(2) the used motor vehicle subject to the stop sale directive is in the dealer's inventory at the time the stop sale directive is issued.
(2) the new or used motor vehicle subject to the stop sale directive is in the dealer's inventory at the time the stop sale directive is issued.
(b) If a manufacturer or distributor does not provide a remedy or parts required under subsection (a) for at least thirty (30) days after the stop sale directive is issued, the manufacturer or distributor shall, upon application of the dealer, pay or credit the dealer an amount equal to one percent (1%) of the average wholesale value of the used motor vehicle per month.
(b) If a manufacturer or distributor is required to provide a remedy under subsection (a) and does not provide a remedy or parts required under subsection (a) for at least thirty (30) days after the stop sale directive is issued, the manufacturer or distributor shall, upon application of the dealer, pay or credit the dealer an amount equal to one percent (1%) of the new motor vehicle price invoiced to the dealer or one percent (1%) of the average wholesale value of the used motor vehicle per month.
(c) A manufacturer or distributor may cease compensation under subsection (b) on the date upon which of any of the following occurs:
(c) A manufacturer or distributor may cease compensation under subsection (b) on the date upon which of any of the following occurs:
(1) The stop sale directive is withdrawn.
(1) The stop sale directive is withdrawn.
(2) The manufacturer or distributor provides the dealer with a remedy or parts under subsection (a).
(2) The manufacturer or distributor provides the dealer with a remedy or parts under subsection (a).
(3) The dealer sells, trades, transfers, or otherwise disposes of the used motor vehicle.
(3) The dealer sells, trades, transfers, or otherwise disposes of the new or used motor vehicle.
(d) This section does not require a manufacturer or distributor to provide total compensation to a dealer that would exceed the total average wholesale value of the used motor vehicle.
(d) This section does not require a manufacturer or distributor to provide total compensation to a dealer that would exceed the total new motor vehicle price invoiced to the dealer or average wholesale value of the used motor vehicle.
(e) A manufacturer or distributor may compensate a dealer under a recall compensation program if the dealer agrees to compensation under the program.
(e) A manufacturer or distributor may compensate a dealer under a recall compensation program an amount not less than an amount described under this section if the dealer agrees to compensation under the program.
(f) Any compensation provided to a dealer under this section is exclusive and may not be combined with any other recall compensation remedy under state or federal law.
(f) Any compensation provided to a dealer under this section is exclusive and may not be combined with any other recall compensation remedy under state or federal law.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.