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IN SB0194
Bill
Status
1/7/2013
Primary Sponsor
Lonnie Randolph
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AI Summary
Senate Bill No. 194 Summary
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Permits purchasers of used motor vehicles from dealers to rescind the purchase within 72 hours if the vehicle has a nonconformity that substantially impairs its use, market value, or safety.
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Purchaser must return the vehicle to the dealer's place of business and notify the dealer of the nonconformity and intent to rescind within the 72-hour window.
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Dealers are exempted from rescission rights if they plainly disclosed the nonconformity in writing before purchase using "as is," "with all faults," or warranty exclusion language compliant with IC 26-1-2-316.
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Upon successful rescission, dealer must provide either a full refund of the contract price (including trade-in credits) or replacement with a comparable vehicle; prevailing purchasers select the remedy.
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Purchasers may bring civil actions in circuit or superior court within two years of rescission notice and may recover attorney's fees and costs if they prevail.
Legislative Description
Right to rescind purchase of used motor vehicle.
Last Action
First reading: referred to Committee on Commerce and Economic Development & Technology
1/7/2013