Used Vehicles Under Indiana Lemon Law

Indiana’s Lemon Law (§ 24-5-13) does NOT cover used vehicles. Unlike Connecticut, New York, New Jersey, and Massachusetts which have separate used-car Lemon Laws, Indiana relies on Magnuson-Moss + IDCSA + UCC for used-vehicle defect cases.

Why used vehicles are excluded

§ 24-5-13-2 defines a covered vehicle as a “new motor vehicle” — explicitly excluding used vehicles.

Alternative protections for used-vehicle buyers

For used-car defect cases, Indiana consumers rely on:

• Magnuson-Moss Warranty Act — applies where factory or dealer warranty is in place. 4-year UCC SOL.
• IDCSA (§ 24-5-0.5 et seq.) — applies to deceptive used-car practices. Cure notice required for treble damages. 2-year SOL.
• UCC § 26-1-2-313 / § 26-1-2-314 — express and implied warranties under Indiana UCC. 4-year SOL.
• Common-law fraud — for willful concealment.

IDCSA in used-vehicle cases

IDCSA is a strong tool for used-vehicle deceptive practices:

• Misrepresentation of vehicle condition / history.
• Failure to disclose salvage history, prior accidents, odometer rollback, known defects.
• Deceptive warranty representations by dealer.
• F&I deceptive add-ons.

Treble damages OR $500 minimum under § 24-5-0.5-4(a) + mandatory § 24-5-0.5-4(d) fees. Requires 30-day pre-suit cure notice under § 24-5-0.5-5(a)(2).

Magnuson-Moss for used vehicles

If the used vehicle has a remaining factory warranty OR a dealer-provided written warranty, Magnuson-Moss applies:

• Breach of written warranty — manufacturer or dealer.
• Breach of implied warranty of merchantability — UCC § 26-1-2-314.
• Mandatory attorney fees under § 2310(d)(2).
• 4-year UCC SOL.

”As-is” sales

Indiana permits “as-is” used-vehicle sales — typically with disclaimer in the buyer’s guide.

Practical advice for used-car buyers

• Get pre-sale inspection by independent mechanic.
• Check Carfax / AutoCheck for prior damage.
• Confirm warranty in writing — factory or dealer.
• Save the buyer’s guide required by FTC.
• Document any defects immediately.
• Send IDCSA cure notice if deceptive practice discovered.

Bottom line

Indiana’s Lemon Law doesn’t cover used vehicles. Used-car claims rely on Magnuson-Moss + IDCSA + UCC. IDCSA cure notice is critical for treble damages.

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