Ind. Code § 9-32-11-23

Current through P.L. 171-2024
Section 9-32-11-23 - Remedy procedure requirements for a manufacturer or distributor; compensation
(a) Except as otherwise provided in an agreement for reimbursement that provides for reimbursement in an amount that is equivalent to or greater than the amount set forth in subsection (b), a manufacturer or distributor shall provide a remedy procedure or parts to repair a new or used motor vehicle that is subject to a stop sale directive, if:
(1) the dealer has an active sales and service agreement with the manufacturer or distributor for the line make of the new or used motor vehicle subject to the stop sale directive; and
(2) the new or used motor vehicle subject to the stop sale directive is in the dealer's inventory at the time the stop sale directive is issued.
(b) If a manufacturer or distributor is required to provide a remedy under subsection (a) and does not provide a remedy or parts required under subsection (a) for at least thirty (30) days after the stop sale directive is issued, the manufacturer or distributor shall, upon application of the dealer, pay or credit the dealer an amount equal to one percent (1%) of the new motor vehicle price invoiced to the dealer or one percent (1%) of the average wholesale value of the used motor vehicle per month.
(c) A manufacturer or distributor may cease compensation under subsection (b) on the date upon which of any of the following occurs:
(1) The stop sale directive is withdrawn.
(2) The manufacturer or distributor provides the dealer with a remedy or parts under subsection (a).
(3) The dealer sells, trades, transfers, or otherwise disposes of the new or used motor vehicle.
(d) This section does not require a manufacturer or distributor to provide total compensation to a dealer that would exceed the total new motor vehicle price invoiced to the dealer or average wholesale value of the used motor vehicle.
(e) A manufacturer or distributor may compensate a dealer under a recall compensation program an amount not less than an amount described under this section if the dealer agrees to compensation under the program.
(f) Any compensation provided to a dealer under this section is exclusive and may not be combined with any other recall compensation remedy under state or federal law.

IC 9-32-11-23

Amended by P.L. 116-2024,SEC. 3, eff. 7/1/2024.
Added by P.L. 134-2023,SEC. 5, eff. 7/1/2023.