Sec. 18. (a) It is an unfair practice for a distributor to sell a motor vehicle for resale to a person not licensed under this article.
(b) This subsection applies if a dealer sells or leases a motor vehicle to a customer that resells the motor vehicle or exports the motor vehicle to a foreign country. A manufacturer or distributor may not take or threaten to take adverse action or otherwise discriminate against the dealer unless the dealer knew or reasonably should have known before the dealer sold or leased the motor vehicle to the customer that the customer intended to resell or export the motor vehicle. Titling and registering a motor vehicle in any state in the name of the customer to whom the dealer sold or leased the motor vehicle establishes a rebuttable presumption that the dealer did not know or should not reasonably have known that the customer intended to resell or export the motor vehicle.
(c) For purposes of subsection (b), adverse actions by a manufacturer or distributor include the following conduct by a manufacturer or distributor, whether actual or threatened:
(1) Failing or refusing to allocate, sell, or deliver a motor vehicle to the dealer.
(2) Discriminating against the dealer in the allocation of motor vehicles.
(3) Charging back or withholding payments or other consideration for which a dealer is eligible under a warranty reimbursement, sales promotion, incentive program, or contest.
(4) Disqualifying a dealer from participating in a sales promotion, incentive program, or contest.
(5) Terminating a franchise.
As added by P.L.92-2013, SEC.78. Amended by P.L.152-2013, SEC.1; P.L.151-2015, SEC.74.
Structure Indiana Code
9-32-13-1. Requiring Purchase of Equipment, Part, or Accessory as a Condition of Sale
9-32-13-2. Willful Failure of Dealer to Perform Vehicle Delivery and Preparation Obligations
9-32-13-3. Willful Failure of Dealer to Perform Warranty Obligations
9-32-13-4. Sale of Motor Vehicle Having Trade Name or Mark for Which Dealer Lacks Franchise
9-32-13-5. Willful Failure of Dealer to Perform Fiduciary Duty to Collect and Remit Gross Retail Tax
9-32-13-7. Document Preparation Fees
9-32-13-8. Violation of Deceptive Franchise Practices Provisions
9-32-13-9. Manufacturer or Distributor Coercing Dealers to Order
9-32-13-10. Manufacturer or Distributor Requiring Changes in Capital Structure or Financing
9-32-13-11. Manufacturer or Distributor Requiring Changes in Dealer Management
9-32-13-12. Restraint by Manufacturer or Distributor of Sale or Transfer of Interest by Dealer
9-32-13-13. Manufacturer or Distributor Preventing Dealer From Fair Competition
9-32-13-14. Employment by Manufacturer or Distributor of Person Who Is Not Certified
9-32-13-15.5. Compensation for Warranty Services
9-32-13-16. Contract for Uniform Warranty Reimbursement Policy
9-32-13-20. False, Deceptive, or Misleading Advertising; Deceptive Acts or Practices
9-32-13-21. Unfair Practices of Employees, Agents, Officers, Partners, or Representatives
9-32-13-22. Franchise Termination; Right of First Refusal
9-32-13-23. Unfair Practices by Manufacturer, Distributor, Officer, or Agent
9-32-13-24. Relocation of New Motor Vehicle Dealers
9-32-13-25. Acting, Offering to Act As, or Professing to Be a Broker of Motor Vehicles
9-32-13-26. Fraud or Deceit, Untrue Statements of Material Fact or Omission