Sec. 16.2. (a) In addition to any other remedy or penalty provided in this chapter, if a dealer or seller fails to make a disclosure required under section 16.1 of this chapter, a buyer or lessee may bring a civil action against the dealer or seller.
(b) In an action brought by a buyer or lessee under this section, a court may order a dealer or seller to perform either of the following:
(1) Decontaminate or contract for the decontamination of the methamphetamine vehicle in accordance with and to a standard set forth under 318 IAC 1.
(2) Reimburse a buyer or lessee who incurred damages or expenses to remediate or decontaminate a methamphetamine vehicle to address the nonconformity.
(c) In addition to the remedies described in subsection (b), a court may award liquidated damages to a buyer or lessee in an amount not to exceed ten thousand dollars ($10,000).
(d) This section does not eliminate or abrogate existing tort remedies that may be available to a buyer or lessee.
As added by P.L.76-2013, SEC.7.
Structure Indiana Code
Chapter 13. Motor Vehicle Protection
24-5-13-1. Application of Chapter
24-5-13-4.1. "Methamphetamine Vehicle"
24-5-13-5. "Motor Vehicle" or "Vehicle"
24-5-13-7. "Term of Protection"
24-5-13-8. Repair of Nonconformities
24-5-13-9. Notification of Claim; Manufacturer's Disclosure
24-5-13-10. Return of Vehicle Upon Failure to Correct Nonconformity; Refund; Replacement
24-5-13-11. Refund; Computation of Amount
24-5-13-11.5. Refund; Leased Motor Vehicle; Computation of Amount
24-5-13-12. Replacement of Vehicle
24-5-13-13. Reimbursement for Towing and Rental Costs
24-5-13-14. Retention of Vehicle Pending Replacement or Refund
24-5-13-15. Attempts to Correct Nonconformity; Reasonable Number of Attempts; Time Period; Extension
24-5-13-16. Refusal to Diagnose or Repair; Written Repair Orders
24-5-13-16.1. Seller's Duty to Disclose Methamphetamine Vehicles
24-5-13-16.2. Civil Action by Buyer for Failure to Disclose Methamphetamine Vehicles; Remedies
24-5-13-18. Affirmative Defenses
24-5-13-19. Informal Procedures Established by Manufacturer
24-5-13-20. Additional Remedies
24-5-13-21. Civil Enforcement Actions