Ind. Code ch. 9-32-2.1

in effect

Ind. Code § 9-32-2.1-1 Definitions

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-2 "Advisory board"

Sec. 2. "Advisory board" refers to the motor vehicle sales advisory board established by IC 9-32-10-1. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-2.5 "Area of sales responsibility"

Sec. 2.5. "Area of sales responsibility", for purposes of IC 9-32-11-25 and IC 9-32-19, has the meaning set forth in IC 9-32-19-2. As added by P.L.42-2025, SEC.20.

Ind. Code § 9-32-2.1-3 "Automobile auction company"

Sec. 3. "Automobile auction company" means a person whose primary business consists of arranging, managing, sponsoring, advertising, hosting, carrying out, or otherwise facilitating the auction of more than three (3) motor vehicles or watercraft on the basis of bids by persons acting for themselves or others, within a twelve (12) month period. The term includes a place of business or facilities provided by an auctioneer as part of the business of the auctioneer for the purchase and sale of motor vehicles or watercraft on the basis of bids by persons acting for themselves or others. The term does not include a person acting only as an auctioneer under IC 25-6.1-1. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-4 "Automotive mobility dealer"

Sec. 4. "Automotive mobility dealer" means a person that: (1) engages exclusively in the business of selling, offering to sell, or soliciting or advertising the sale of adapted vehicles or watercraft; (2) possesses adapted vehicles or watercraft exclusively for the purpose of resale, either on the automotive mobility dealer's own account or on behalf of another as the primary or incidental business of the automotive mobility dealer; or (3) engages in the business of: (A) selling, installing, or servicing; (B) offering to sell, install, or service; or (C) soliciting or advertising the sale, installation, or servicing of; equipment or modifications specifically designed to facilitate use or operation of a vehicle or watercraft by an individual who is disabled or aged. The term includes a converter manufacturer (as defined by section 9 of this chapter) that engages in any of the activities set forth in subdivisions (1), (2), and (3). As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-5 "Automotive salvage rebuilder"

Sec. 5. "Automotive salvage rebuilder" means a person that: (1) acquires salvage vehicles for the purpose of restoring, reconstructing, or rebuilding the vehicles; and (2) resells, offers to resell, or advertises for resale the vehicles for use on the highway. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-6 "Average wholesale value"

Sec. 6. "Average wholesale value" means the average trade-in value indicated in an independent third party guide for the year, make, model, mileage, and condition of a used motor vehicle. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-7 "Broker"

Sec. 7. (a) "Broker" means a person that, for a fee, a commission, or other valuable consideration, arranges or offers to arrange a transaction involving the sale, for purposes other than resale, of a new or used motor vehicle and that is not, at any point in the transaction, the bona fide owner of the motor vehicle involved in the transaction. (b) The term does not include: (1) a dealer licensed under this article or an employee of a dealer licensed under this article acting in an employment arrangement with the dealer, if the motor vehicle being sold is a motor vehicle in the dealer's inventory or is subject to a consignment agreement between the dealer and the owner of the motor vehicle; (2) a distributor licensed under this article, or an employee of a distributor licensed under this article and acting in an employment arrangement with the distributor, if the sale being arranged is a sale to a dealer licensed under this article; (3) a manufacturer licensed under this article, or an employee of a manufacturer licensed under this article and acting in an employment arrangement with the manufacturer, if the sale being arranged is a sale to a dealer licensed under this article; or (4) a lead generation or other marketing service, if: (A) the fee for the service is not based on whether the lead provided by the service generated a sale for the dealer; and (B) the service does not have an active role in the negotiation of a sale, including negotiating the price of the motor vehicle. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-7.8 "Camping trailer"

Sec. 7.8. "Camping trailer", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-3. As added by P.L.42-2025, SEC.21.

Ind. Code § 9-32-2.1-8 "Charge back"

Sec. 8. "Charge back" means a manufacturer induced return of incentive payments to a manufacturer by a new motor vehicle dealer. The term includes a manufacturer drawing funds from an account of a new motor vehicle dealer. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-8.3 "Coerce"

Sec. 8.3. "Coerce", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-4. As added by P.L.42-2025, SEC.22.

Ind. Code § 9-32-2.1-9 "Converter manufacturer"

Sec. 9. "Converter manufacturer" means a person that adds to, subtracts from, or modifies a previously assembled or manufactured motor vehicle. The term does not include a person that manufactures recreational vehicles. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-10 "Dealer"

Sec. 10. "Dealer", unless otherwise provided, refers to all persons required to be licensed by the secretary under this article, and before July 1, 2015, a wholesale dealer. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-11 "Dealer manager"

Sec. 11. "Dealer manager" means an individual who is responsible for and is in charge of the day to day operations, including the management, direction, and control of the dealership. As added by P.L.104-2024, SEC.31. Amended by P.L.88-2025, SEC.1.

Ind. Code § 9-32-2.1-12 "Dealer owner"

Sec. 12. "Dealer owner" means the following: (1) For a transport operator, a licensed dealer, or an applicant dealer, other than a manufacturer, the following: (A) If a corporation, each officer, director, and shareholder having a ten percent (10%) or greater ownership interest in the corporation. (B) If a corporation and it has no officer, director, or shareholder having a ten percent (10%) or greater ownership interest in the corporation, one (1) or more officers, directors, or shareholders designated in writing by the board of directors. (C) If a sole proprietorship, the proprietor. (D) If a partnership, each partner. (E) If a limited liability company, each member of the company. (2) For a licensed or applicant manufacturer, one (1) or more officers, directors, or shareholders designated in writing by the manufacturer. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-12.5 "Designated family member"

Sec. 12.5. (a) "Designated family member", except as provided in subsection (b), has the meaning set forth in IC 9-13-2-43(a). (b) "Designated family member", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-5. As added by P.L.42-2025, SEC.23.

Ind. Code § 9-32-2.1-13 "Director"

Sec. 13. "Director" refers to the director of the dealer services division within the office of the secretary of state who is appointed under IC 4-5-1-12(b). As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-14 "Disclose"

Sec. 14. "Disclose" means to engage in a practice or conduct to make available and make known personal information contained in an individual record about an individual to a person by any means of communication. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-15 "Distributor representative"

Sec. 15. "Distributor representative" means a person that is certified by the secretary to be an agent of a licensed distributor to act on behalf of a distributor licensed under this article. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-16 "Division"

Sec. 16. "Division" refers to the dealer services division within the office of the secretary of state established by IC 4-5-1-12(a). As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-17 "Document preparation fee"

Sec. 17. "Document preparation fee" means any fee charged by a dealer concerning the sale of a motor vehicle, regardless of designation, and that includes costs incurred by the dealer for the preparation of documents concerning the sale of a motor vehicle. The term does not include a fee imposed by a financial institution for the purpose of extending credit for the purchase of a vehicle. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-18 "Electronic record"

Sec. 18. "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-19 "Electronic signature"

Sec. 19. "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-20 "Established place of business"

Sec. 20. "Established place of business" has the meaning set forth in IC 9-13-2-50. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-21 "Existing franchise"

Sec. 21. "Existing franchise" means the franchise in effect on the date of a franchisee's death or incapacity. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-21.5 "Factory campaign"

Sec. 21.5. "Factory campaign", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-6. As added by P.L.42-2025, SEC.24.

Ind. Code § 9-32-2.1-21.8 "Fifth wheel travel trailer"

Sec. 21.8. "Fifth wheel travel trailer", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-7. As added by P.L.42-2025, SEC.25.

Ind. Code § 9-32-2.1-22 "Franchise"

Sec. 22. "Franchise" means an oral or a written agreement for a definite or an indefinite period in which a manufacturer or distributor grants to a dealer a right to use a trade name, trade or service mark, or related characteristic, and in which there is a community of interest in the marketing of motor vehicles or related services at retail or otherwise. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-23 "Franchisee"

Sec. 23. "Franchisee" means a dealer to whom a franchise is granted. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-24 "Franchisor"

Sec. 24. "Franchisor" means a manufacturer or distributor who grants a franchise to a dealer. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-25 "Fraud"

Sec. 25. "Fraud" means: (1) a misrepresentation of a material fact, promise, representation, or prediction not made honestly or in good faith; or (2) the failure to disclose a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-26 "Highly restricted personal information"

Sec. 26. "Highly restricted personal information" means the following information that identifies an individual: (1) Digital photograph or image. (2) Social Security number. (3) Medical or disability information. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-27 "Individual record"

Sec. 27. "Individual record" refers to a record created or maintained by the division that contains personal information or highly restricted personal information about an individual who is the subject of the record identified in a request. The term includes records created by a dealer related to the issuance of interim license plates. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-28 "Labor rate"

Sec. 28. "Labor rate" means the hourly labor rate charged by a franchisee for service, filed periodically with the division as the division may require, and posted prominently in the franchisee's service department. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-28.5 "Line make"

Sec. 28.5. (a) "Line make", except as provided in subsection (b), has the meaning set forth in IC 9-13-2-93.5(a). (b) "Line make", for purposes of IC 9-32-11-25 and IC 9-32-19, has the meaning set forth in IC 9-32-19-8. As added by P.L.42-2025, SEC.26.

Ind. Code § 9-32-2.1-29 "Manufactured home dealer"

Sec. 29. (a) "Manufactured home dealer" means any person that within a twelve (12) month period sells, offers to sell, or advertises for sale, including directly by the Internet or another computer network, at least three (3) new or used manufactured homes. (b) The term does not include: (1) a receiver, trustee, or other person appointed by or acting under the judgment or order of a court; or (2) a public officer while performing official duties. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-30 "Manufacturer of a vehicle subcomponent system"

Sec. 30. "Manufacturer of a vehicle subcomponent system" means a manufacturer of a vehicle subcomponent system essential to the operation of a motor vehicle. The term includes a public or private university that is engaged in the: (1) research; (2) development; or (3) manufacture; of a vehicle subcomponent system. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-31 "Manufacturer representative"

Sec. 31. "Manufacturer representative" means a person that is certified by the secretary to be an agent of a licensed manufacturer to act on behalf of a manufacturer licensed under this article. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-31.5 "Model"

Sec. 31.5. "Model", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-9. As added by P.L.42-2025, SEC.27.

Ind. Code § 9-32-2.1-31.8 "Motor home"

Sec. 31.8. "Motor home", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-10. As added by P.L.42-2025, SEC.28.

Ind. Code § 9-32-2.1-32 "New motor vehicle dealer"

Sec. 32. "New motor vehicle dealer" means any person that within a twelve (12) month period sells, offers to sell, or advertises for sale, including directly by the Internet or another computer network, at least twelve (12) new motor vehicles (excluding manufactured homes). As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-33 "Person"

Sec. 33. (a) "Person", except as provided in subsection (b), does not include the state, an agency of the state, or a municipal corporation. (b) "Person", for purposes of IC 9-32-19, has the meaning set forth in IC 9-13-2-124. As added by P.L.104-2024, SEC.31. Amended by P.L.42-2025, SEC.29.

Ind. Code § 9-32-2.1-34 "Personal information"

Sec. 34. (a) "Personal information" means information that identifies an individual, including an individual's: (1) digital photograph or image; (2) Social Security number; (3) driver's license or identification document number; (4) name; (5) address; (6) telephone number; or (7) medical or disability information. (b) The term does not include: (1) the name of a dealer owner; (2) the name of a representative of a: (A) manufacturer; or (B) distributor; (3) the name of the zoning official who signed a dealer license application or zoning affidavit related to a dealer license application; (4) the name of the lessor of a dealer's established place of business; (5) the name of a dealer's registered agent; or (6) the name, address, or telephone number of the established place of business of a: (A) business; or (B) dealer. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-34.2 "Proprietary part"

Sec. 34.2. "Proprietary part", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-12. As added by P.L.42-2025, SEC.30.

Ind. Code § 9-32-2.1-34.5 "Recreational vehicle dealer"

Sec. 34.5. "Recreational vehicle dealer", for purposes of IC 9-32-11-25 and IC 9-32-19, has the meaning set forth in IC 9-32-19-13. As added by P.L.42-2025, SEC.31.

Ind. Code § 9-32-2.1-34.6 "Recreational vehicle dealer agreement"

Sec. 34.6. "Recreational vehicle dealer agreement", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-14. As added by P.L.42-2025, SEC.32.

Ind. Code § 9-32-2.1-34.7 "Recreational vehicle distributor"

Sec. 34.7. "Recreational vehicle distributor", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-15. As added by P.L.42-2025, SEC.33.

Ind. Code § 9-32-2.1-34.8 "Recreational vehicle manufacturer"

Sec. 34.8. "Recreational vehicle manufacturer", for purposes of IC 9-32-11-25 and IC 9-32-19, has the meaning set forth in IC 9-32-19-16. As added by P.L.42-2025, SEC.34.

Ind. Code § 9-32-2.1-35 "Relevant market area"

Sec. 35. "Relevant market area" means the following: (1) With respect to a new motor vehicle dealer who plans to relocate the dealer's place of business in a county having a population of more than one hundred thousand (100,000), the area within a radius of six (6) miles of the intended site of the relocated dealer. The six (6) mile distance shall be determined by measuring the distance between the nearest surveyed boundary of the existing new motor vehicle dealer's principal place of business and the nearest surveyed boundary line of the relocated new motor vehicle dealer's place of business. (2) With respect to a: (A) proposed new motor vehicle dealer; or (B) new motor vehicle dealer who plans to relocate the dealer's place of business in a county having a population of not more than one hundred thousand (100,000); the area within a radius of ten (10) miles of the intended site of the proposed or relocated dealer. The ten (10) mile distance shall be determined by measuring the distance between the nearest surveyed boundary line of the existing new motor vehicle dealer's principal place of business and the nearest surveyed boundary line of the proposed or relocated new motor vehicle dealer's principal place of business. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-36 "Sale"

Sec. 36. "Sale" includes every contract of sale, contract to sell, or disposition of a motor vehicle or interest in a motor vehicle for value. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-37 "Secretary"

Sec. 37. "Secretary" refers to the secretary of state holding office as set forth in IC 4-5-1-1. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-38 "Sign" or "signature"

Sec. 38. "Sign" or "signature" includes a manual, facsimile, or conformed signature, or an electronic signature. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-39 "Stop sale directive"

Sec. 39. "Stop sale directive" means a notification issued by a manufacturer or distributor stating that a new or used vehicle in inventory may not be sold or leased at retail or wholesale due to: (1) a federal safety recall for: (A) a defect; or (B) a noncompliance; or (2) a federal emissions recall. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-39.5 "Trailer"

Sec. 39.5. "Trailer", for purposes of IC 9-32-11-2.1 and IC 9-32-11-5, means a vehicle: (1) without motive power; (2) designed for carrying property; and (3) designed for being drawn by a motor vehicle. As added by P.L.185-2025, SEC.3.

Ind. Code § 9-32-2.1-40 "Transfer dealer"

Sec. 40. (a) "Transfer dealer" means a person that is not engaged in the business of selling motor vehicles but, as a result of the person's primary business, has cause to sell, offer to sell, or advertise for sale at least twelve (12) motor vehicles during a twelve (12) month period. (b) The term does not include: (1) a manufacturer; (2) a distributor; (3) a converter manufacturer; (4) a watercraft dealer; (5) an automotive mobility dealer; (6) an automotive auction; (7) a person engaged in the business of: (A) storing vehicles; (B) furnishing supplies for vehicles; (C) providing towing services for vehicles; or (D) repairing vehicles; or (8) a person whose primary business is selling motor vehicles. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-40.3 "Transient customer"

Sec. 40.3. "Transient customer", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-17. As added by P.L.42-2025, SEC.35.

Ind. Code § 9-32-2.1-41 "Transport operator"

Sec. 41. "Transport operator" has the meaning set forth in IC 9-13-2-187. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-41.5 "Travel trailer"

Sec. 41.5. "Travel trailer", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-18. As added by P.L.42-2025, SEC.36.

Ind. Code § 9-32-2.1-42 "Uniform time standards manual"

Sec. 42. "Uniform time standards manual" means a schedule established by a manufacturer or distributor setting forth the time allowances for the diagnosis and performance of warranty work and service. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-43 "Used motor vehicle"

Sec. 43. "Used motor vehicle" means a motor vehicle that: (1) has been previously titled under IC 9-17; or (2) has been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-44 "Used motor vehicle dealer"

Sec. 44. (a) "Used motor vehicle dealer" means any person that within a twelve (12) month period sells, offers to sell, or advertises for sale, including directly by the Internet or another computer network, at least twelve (12) used motor vehicles (excluding manufactured homes). (b) The term does not include the following: (1) A receiver, trustee, or other person appointed by or acting under the judgment or order of a court. (2) A public officer while performing official duties. (3) A person that holds a mechanic's lien on a motor vehicle under IC 9-22-6, if the person sells the motor vehicle: (A) in accordance with requirements in IC 9-22-6; or (B) to an automotive salvage recycler licensed under IC 9-32-9 after the motor vehicle fails to sell at public auction conducted in compliance with IC 9-22-6. (4) A person that holds a lien for towing services under IC 9-22-1, if the person complies with all applicable requirements in IC 9-22-1 and IC 9-22-6. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-45 "Used parts dealer"

Sec. 45. "Used parts dealer" means a person who primarily buys, sells, barters, exchanges, or deals in used major component parts. The term does not include a scrap metal processor. As added by P.L.104-2024, SEC.31.

Ind. Code § 9-32-2.1-45.5 "Warrantor"

Sec. 45.5. "Warrantor", for purposes of IC 9-32-19, has the meaning set forth in IC 9-32-19-19. As added by P.L.42-2025, SEC.37.

Ind. Code § 9-32-2.1-46 "Watercraft dealer"

Sec. 46. "Watercraft dealer" means a person that sells, offers to sell, or advertises the sale of at least six (6): (1) watercrafts; (2) trailers designed and used exclusively for the transportation of watercrafts; or (3) trailers sold in general association with the sale of watercrafts; within a period of twelve (12) months. As added by P.L.104-2024, SEC.31.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/9Fetched: 10/17/2026