Skip to main content
Find a Lawyer

Indiana Code Title 24. Trade Regulation § 24-5-13.5-13

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 13. (a) Except as provided in IC 34-30-34-3, a person who fails to comply with section 10, 11, or 12 of this chapter is liable for the following:

(1) Actual damages or the value of the consideration, at the election of the buyer.

(2) The costs of an action to recover damages and reasonable attorney's fees.

(3) Not more than three (3) times the value of the actual damages or the consideration as exemplary damages.

(4) Other equitable relief, including restitution, as is considered proper in addition to damages and costs.

(b) Actual damages under this section include the following:

(1) The difference between the actual market value of the vehicle at the time of purchase and the contract price of the vehicle.

(2) Towing, repair, and storage expenses.

(3) Rental of substitute transportation.

(4) Food and lodging expenses.

(5) Lost wages.

(6) Finance charges.

(7) Sales or use tax or other governmental fees.

(8) Lease charges.

(9) Other incidental and consequential damages.

(c) Lack of privity is not a bar to an action under this section.

(d) This subsection does not apply to consent orders or stipulated judgments in which there is no admission of liability by the defendant.  A permanent injunction, final judgment, or final order of the court obtained by the attorney general under section 14 of this chapter is prima facie evidence in an action brought under this section that the defendant has violated section 10, 11, or 12 of this chapter.

(e) An action to enforce liability under this section may be brought within two (2) years from the date of discovery by the buyer.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Indiana Code Title 24. Trade Regulation § 24-5-13.5-13 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-24-trade-regulation/in-code-sect-24-5-13-5-13/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard