Bill Text: IN SB0277 | 2013 | Regular Session | Enrolled
Bill Title: Methamphetamine vehicle information disclosure.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2013-05-13 - Public Law 76 [SB0277 Detail]
Download: Indiana-2013-SB0277-Enrolled.html
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AN ACT to amend the Indiana Code concerning trade regulation.
(1) motor vehicles that are sold, leased, transferred, or replaced by a dealer or manufacturer in Indiana; and
(2) methamphetamine vehicles that are sold, leased, transferred, or replaced by a dealer or seller in Indiana.
who:
(1) sells, leases, exchanges, or transfers; or
(2) solicits a sale, lease, exchange, or transfer of;
a methamphetamine vehicle to a buyer.
(1) begins:
(A) on the date of original delivery of a motor vehicle to a buyer; or
(B) in the case of a replacement vehicle provided by a manufacturer to a buyer under this chapter, on the date of delivery of the replacement vehicle to the buyer; and
(2) ends the earlier of:
(A) eighteen (18) months after the date identified under subdivision (1); or
(B) the time the motor vehicle has been driven eighteen thousand (18,000) miles after the date identified under subdivision (1).
(b) The written disclosure required under subsection (a) shall be provided before the dealer or seller sells, leases, exchanges, transfers, or accepts payment from a buyer, prospective buyer, lessee, or prospective lessee.
(c) A dealer may include a decontamination report or other relevant document with the written disclosure required under subsection (a).
(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:
(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.
(b) This subsection does not apply to an action concerning a violation of section 16.1 of this chapter. When the buyer has commenced an informal dispute settlement procedure described in section 19 of this chapter, the two (2) year period specified in subsection (a) is tolled during the time the informal dispute settlement procedure is being conducted.
(c) An action concerning a violation of section 16.1 of this chapter must be commenced within two (2) years following the date of the violation.
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