§ 9-32-13-18 — Selling motor vehicle to unlicensed person for resale; adverse action or discrimination against customer when customer intends to resell motor vehicle or export to foreign country

Indiana § 9-32-13-18

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 32: DEALER SERVICES
• Ch. 13: Unfair Practices

Text

(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.

Legislative History

As added by P.L.92-2013, SEC.78. Amended by P.L.152-2013, SEC.1; P.L.151-2015, SEC.74.