§ 9-32-4-2 — Affidavit form

Indiana § 9-32-4-2

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 32: DEALER SERVICES
• Ch. 4: Obtaining, Expiration, Replacement, and Transfer of

Text

The affidavit required by section 1(b)(2)(C) of
this chapter must be printed in the following form:
I affirm under the penalties for perjury that all of the following are true:
(1) That I am a dealer licensed under IC 9-32.
(2) That I cannot deliver or transmit a valid certificate of title to
the retail purchaser of the motor vehicle or watercraft described
in paragraph (3) at the time of sale of the motor vehicle or
watercraft to the retail purchaser. The identity of the previous
seller or transferor is ___________________. There ( ) is ( ) is
not a lien on the motor vehicle or watercraft. I am required to
satisfy any obligation secured by this motor vehicle or watercraft
not later than (date)_______. I expect to deliver or transmit a
valid and transferable certificate of title not later than
(date)_______________ from the State of (state)________ to the
purchaser.
(3) That I will undertake reasonable commercial efforts to
produce the valid certificate of title. The vehicle identification
number or hull identification number is __________________.
Signed _______________________, Dealer
By_________________________________
Dated _____, ____
CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
AFFIDAVIT.
___________________________________
Customer Signature
NOTICE TO THE CUSTOMER
If you do not receive a valid certificate of title within thirty-one (31)
days after the date of sale, you have the right to return the motor
vehicle or watercraft to the dealer ten (10) days after giving the dealer
written notice demanding delivery or transmission of a valid certificate
of title and after the dealer's failure to deliver or transmit a valid
certificate of title within that ten (10) day period. Upon return of the
motor vehicle or watercraft to the dealer in the same or similar
condition as when it was delivered to you, the dealer shall pay you the
purchase price plus sales taxes, finance expenses, insurance expenses,
and any other amount that you paid to the dealer. If a lien is present on
the previous owner's certificate of title, it is the responsibility of the
third party lienholder to timely deliver or transmit the certificate of title
in the third party's possession to the dealer not more than ten (10)
business days after there is no obligation secured by the motor vehicle
or watercraft. If the dealer's inability to deliver or transmit a valid
certificate of title to you within the above-described ten (10) day period
results from the acts or omissions of a third party that has failed to
timely deliver or transmit the certificate of title in the third party's
possession to the dealer, the dealer may be entitled to claim against the
third party the damages allowed by law.

Legislative History

As added by P.L.92-2013, SEC.78. Amended by P.L.262-2013, SEC.140; P.L.174-2016, SEC.49; P.L.179-2017, SEC.38; P.L.27-2018, SEC.18; P.L.137-2018, SEC.7.