HOUSE BILL No. 1277
DIGEST OF INTRODUCED BILL
Citations Affected: IC 24-5-24.
Synopsis: Product and service warranties. Provides that a person
whose vehicle is covered by a warranty issued by a repair shop may
either obtain warranty service from the repair shop or be reimbursed
from the repair shop for the expenses necessary to repair the defect
covered by the warranty. Specifies that a warranty provision contrary
to this act is void, and permits a person whose vehicle is covered by a
warranty to obtain reasonable attorney's fees if the person prevails in
an action brought to enforce the warranty.
Effective: July 1, 2007.
January 11, 2007, read first time and referred to Committee on Judiciary.
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1277
A BILL FOR AN ACT to amend the Indiana Code concerning trade
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 24-5-24; (07)IN1277.1.1. -->
SECTION 1. IC 24-5-24 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 24. Deceptive Warranties
Sec. 1. As used in this chapter, "person" includes a natural
person, a firm, a partnership, an association, a limited liability
company, a corporation, or any other business organization.
Sec. 2. As used in this chapter, "repair shop" means a person
that repairs or services a vehicle on the person's premises.
Sec. 3. As used in this chapter, "vehicle" means:
(1) a motor vehicle (as defined in IC 32-33-10-3); or
(2) farm machinery (as defined in IC 32-33-10-2).
Sec. 4. As used in this chapter, "warranty" means:
(1) a written warranty issued by a repair shop; or
(2) an affirmation of fact or promise made by a repair shop;
that relates to the nature of the material or workmanship provided
and affirms that the material or workmanship is free of defects or
will meet a specified level of performance.
Sec. 5. If a repair or service provided by a repair shop on a
vehicle is defective or does not meet the specified level of
performance described in the warranty, during the warranty
period the repair shop shall:
(1) remedy the defect or provide services to ensure that the
repair or service meets the specified level of performance
described in the warranty at the repair shop's own expense;
(2) reimburse the person whose vehicle is covered by the
warranty for the reasonable expenses incurred by the person
in remedying the defect or obtaining services to ensure that
the repair or service meets the specified level of performance
described in the warranty;
at the election of the person whose vehicle is covered by the
warranty. The person whose vehicle is covered by the warranty
may perform the necessary repairs or services personally or have
the repairs or services performed by another person.
Sec. 6. Any provision in a warranty that is contrary to this
chapter is void.
Sec. 7. If the person whose vehicle is covered by a warranty
governed by this chapter brings an action to enforce the warranty
under section 5 of this chapter and recovers a judgment in any
amount, the person is also entitled to recover reasonable attorney's
SOURCE: ; (07)IN1277.1.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2007] (a) The definitions in
IC 24-5-24, as added by this act, apply to this SECTION.
(b) IC 24-5-24, as added by this act, apply to a warranty or
affirmation issued or made by a repair shop after June 30, 2007.