Refund (Buyback) Under Indiana Lemon Law
How Indiana Lemon Law refunds work under § 24-5-13-14 — full purchase price + tax + fees + incidental, minus reasonable use offset.
An Indiana Lemon Law refund (also called “buyback”) under § 24-5-13-14 restores the consumer to their pre-purchase financial position, minus a reasonable-use offset.
What’s included in a § 24-5-13-14 refund
- Purchase price — the full price paid for the vehicle.
- Sales tax — Indiana sales tax paid at purchase.
- Registration and title fees.
- Finance charges — interest paid on auto loan.
- Incidental damages — rental car costs, towing, diagnostic fees, lost wages for repair-shop visits.
- Trade-in credit — if a trade-in was part of the purchase.
The reasonable-use offset
§ 24-5-13-14 provides for a reasonable use deduction. Indiana courts typically use:
Reasonable Use Offset = (Purchase Price × Miles Before First Report) ÷ 120,000
Example: $35,000 vehicle, first defect reported at 5,000 miles.
- Offset = ($35,000 × 5,000) / 120,000 = $1,458
- Refund = $35,000 - $1,458 = $33,542 + tax + fees + incidental
Lease vehicles
For leased vehicles, the refund covers:
- All lease payments made.
- Sales tax paid.
- Down payment / capitalized cost reduction.
- Acquisition fee.
- Disposition fee (waived).
- Incidental damages.
Plus the manufacturer must terminate the lease without further obligation to the consumer.
What’s NOT typically included
- GAP insurance (separate refund through GAP insurer).
- Extended warranty (separate refund through warranty seller).
- Personal modifications / aftermarket parts not factory-installed.
- Consequential damages beyond statutory limits (without IDCSA claim).
Process for receiving refund
After BBB award, court judgment, or settlement:
- Consumer signs surrender documents transferring vehicle title.
- Manufacturer issues check typically within 30 days.
- Lienholder paid first (auto loan balance).
- Consumer receives the balance.
IDCSA stacking
A Lemon Law refund can be combined with IDCSA actual + treble damages where deceptive practices are pleaded AND cure notice was given. IDCSA damages do not offset the Lemon Law refund.
Bottom line
An Indiana Lemon Law refund returns the consumer to their financial baseline, minus a reasonable-use offset capped at 120,000 miles. IDCSA stacking with treble damages can substantially increase total recovery — provided the cure notice was given.
Related
Attorney Fees Under Indiana Lemon Law
Indiana's triple mandatory fee-recovery basis — § 24-5-13-22 Lemon Law + § 24-5-0.5-4(d) IDCSA + Magnuson-Moss § 2310(d)(2).
Read → ArticleIDCSA Damages — Indiana Treble Damages Layer
How IDCSA actual + treble damages or $500 minimum + mandatory § 24-5-0.5-4(d) fees stack with the Indiana Lemon Law — requires cure notice.
Read → ArticleCash-and-Keep Settlements in Indiana Lemon Law Cases
How cash-and-keep settlements work in Indiana Lemon Law — diminished-value payments where consumer keeps the vehicle.
Read → ArticleReplacement Vehicle Under Indiana Lemon Law
How Indiana Lemon Law replacement works under § 24-5-13-13 — comparable new vehicle, consumer's choice between refund and replacement.
Read →Think you've got a lemon?
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