§ 24-5-13.5-13 — Failure to comply; liability; actual damages; privity; prima facie evidence of violation; limitation of actions

Indiana § 24-5-13.5-13

• Jurisdiction: Indiana
• Art. 5: CONSUMER SALES
• Ch. 13.5: Buyback Vehicle Disclosure

Text

(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.

Legislative History

As added by P.L.65-1992, SEC.3. Amended by P.L.1-1993, SEC.195; P.L.118-1993, SEC.6; P.L.211-2023, SEC.79.