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:

Terms Used In Indiana Code 24-5-13-16.2

  • buyer: means any person who, for purposes other than resale or sublease, enters into an agreement or contract within Indiana for the transfer, lease, or purchase of a motor vehicle covered under this chapter. See Indiana Code 24-5-13-3
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • dealer: has the meaning set forth in Indiana Code 24-5-13-3.1
  • methamphetamine vehicle: means any motor vehicle subject to registration and certificate of title provisions in which methamphetamine has been manufactured within the previous two (2) years. See Indiana Code 24-5-13-4.1
  • nonconformity: means any specific or generic defect or condition or any concurrent combination of defects or conditions that:

    Indiana Code 24-5-13-6

  • seller: means a person who:

    Indiana Code 24-5-13-6.1

  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • vehicle: means any self-propelled vehicle that:

    Indiana Code 24-5-13-5

(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.

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