Does the Indiana Lemon Law Apply to Used Cars?
You are protected from defective late model vehicles by the Indiana lemon law. The Indiana lemon law or the Motor Vehicle Protection Act provides protection to Hoosier consumers who purchase vehicles which fail to meet certain basic standards.
The Attorney General Consumer Protection website states that, the Indiana lemon law covers cars or light trucks bought or leased for personal use from Indiana dealers are covered by the Indiana lemon law, within the 18 months from the day of their delivery, with less than 18,000 miles.
Information for the Indiana’s lemon law available on the Indiana Attorney General’s website would lead one to believe that it only applies to new cars. This info on the website leaves an impression that if one buys a used car older than 18 months with more than 18,000 miles one does not have a claim for the Indiana lemon law protection.
Paul K. Ogden was a Deputy Attorney General when the law was originally passed. According to him, the Indiana lemon law does not say that the Indiana lemon law only applies to new cars, it is the website that does it.
The Indiana lemon law statutes – IC 24-5-13 et seq
IC 24-5-13-1: Application of chapter Sec. 1: This chapter applies to all motor vehicles which are sold, leased, transferred, or replaced by a dealer or manufacturer in the State of Indiana.
IC 24-5-13-3″Buyer” defined Sec. 3: As used in this chapter, “buyer” means any person who, for purposes other than resale or sublease, enters into an agreement or contract within the State of Indiana for the transfer, lease, or purchase of a motor vehicle covered under this chapter.
IC 24-5-13-5″ Motor vehicle” and “vehicle” defined Sec. 5.
As used in this chapter, “motor vehicle” or “vehicle” means any self-propelled vehicle that:
The term does not include conversion vans, motor homes, farm tractors, and other machines used in the actual production, harvesting, and care of farm products, road building equipment, truck tractors, road tractors, motorcycles, mopeds, snowmobiles, or vehicles designed primarily for off road use. Nowhere in any of the statutes does it say that, the Indiana lemon law only applies to a buyer of a “new” car.
Where does the 18 month/18,000 mile language cited by the Attorney General come from?
Take a look at IC 24-5-13-7: Sec. 7
As used in this chapter, “term of protection” under the Indiana lemon law means a period of time that:
The “term of protection” under the Indiana lemon law runs 18 months/18,000 miles (whichever comes first) from the time the person receives the car. That section does not say that the Indiana lemon law protection applies only to a car with less than 18,000 miles on it or less than 18 months old. To interpret it that way is akin to misreading the express language of the statute of the Indiana lemon law.
No other statute in the chapter says that the Indiana lemon law is limited only to “new” cars. And sadly, it has been misinterpreted and applied only to new cars for the last 20 years by the Attorney General’s Office. What amazes about the Indiana lemon law is how everybody fails to read the actual statutes. It is high time one read the statutes carefully and let the Indiana lemon law attorneys handle the Indiana used car consumer complaints.
If you have already landed an Indiana lemon used car you need an Indiana lemon law attorney on your side to help you get even with the fraudulent Indiana used car dealer. Since a used car coverage under the Indiana lemon law appears to be very ambiguous, you should consult Indiana lemon law attorneys immediately to check if you have grounds to sue the Indiana used car dealer. Getting back your money you spent on the used car in the state of Indiana might not be easy, but with the Indiana lemon law attorneys on your side you would stand a better chance of winning your case. Only an Indiana lemon law attorney is your best bet as he can choose the best recourse for your Indiana used lemon car. Indiana lemon law attorneys comprehend the Indiana lemon law system better and they can resolve problems far more efficiently.
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