Ind. Code ch. 9-32-19

Ind. Code ch. 9-32-19
in effect

Ind. Code § 9-32-19-1 Application

Sec. 1. This chapter applies to a written agreement between a recreational vehicle manufacturer or recreational vehicle distributor and a recreational vehicle dealer licensed by the secretary under this article, unless otherwise provided by a written agreement. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-2 "Area of sales responsibility"

Sec. 2. As used in this chapter, "area of sales responsibility" means the geographical area within which a recreational vehicle dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line make to the retail public. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-3 "Camping trailer"

Sec. 3. As used in this chapter, "camping trailer" means a motor vehicle that contains a collapsible structure mounted on wheels that is towed by a motor vehicle and provides living quarters for recreational use, camping, or traveling. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-4 "Coerce"

Sec. 4. As used in this chapter, "coerce" means threatening to: (1) terminate, cancel, or refuse to renew a recreational vehicle dealer agreement without good cause; or (2) withhold product lines or delay product delivery in order to obtain an amendment to a recreational vehicle dealer agreement. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-5 "Designated family member"

Sec. 5. As used in this chapter, "designated family member" means the: (1) spouse; (2) child; (3) grandchild; (4) parent; (5) sibling; (6) niece; (7) nephew; or (8) spouse of an individual under subdivision (2) through (7); of a recreational vehicle dealer who has been nominated as the successor for the recreational vehicle dealer under a written agreement filed by the recreational vehicle dealer with the recreational vehicle manufacturer or recreational vehicle distributor. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-6 "Factory campaign"

Sec. 6. As used in this chapter, "factory campaign" means the effort on the part of a warrantor to contact recreational vehicle owners or recreational vehicle dealers to address an issue with a part or the equipment of a particular line make or model of a recreational vehicle. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-7 "Fifth wheel travel trailer"

Sec. 7. As used in this chapter, "fifth wheel travel trailer" means a motor vehicle mounted on wheels that provides living quarters for recreational use, travel, or camping and does not require a special highway permit. A fifth wheel travel trailer is designed to be towed by a motor vehicle that contains a towing mechanism mounted above or forward of the rear axle of the tow vehicle. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-8 "Line make"

Sec. 8. As used in this chapter, "line make" means the specific series of recreational vehicle that: (1) is identified by a common series trade name or trademark; (2) the recreational vehicle dealer agreement authorizes a recreational vehicle dealer to sell; (3) is targeted to a particular market segment as determined by the decor, features, equipment, size, weight, and price of the recreational vehicle; (4) has lengths and interior floor plans that distinguish the recreational vehicle from another recreational vehicle of similar decor, features, equipment, size, weight, and price; and (5) belongs to a single, distinct classification of recreational vehicles with a substantial degree of commonality in the construction of the chassis, frame, and body of the recreational vehicle. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-9 "Model"

Sec. 9. As used in this chapter, "model" means a series of a recreational vehicle that is a subset of a line make and is identified by a common series trade name or trademark. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-10 "Motor home"

Sec. 10. As used in this chapter, "motor home" means a self-propelled, driveable motor vehicle that contains a motorized chassis and provides temporary living quarters for recreational use or travel. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-11 "Person"

Sec. 11. As used in this chapter, "person" has the meaning set forth in IC 9-13-2-124. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-12 "Proprietary part"

Sec. 12. As used in this chapter, "proprietary part" means a part for a recreational vehicle that is: (1) manufactured by or for the recreational vehicle manufacturer; and (2) sold exclusively by the recreational vehicle manufacturer. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-13 "Recreational vehicle dealer"

Sec. 13. As used in this chapter, "recreational vehicle dealer" means a person that is required to be licensed by the secretary to sell new recreational vehicles under this chapter, or the officers, agents, or employees of the person. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-14 "Recreational vehicle dealer agreement"

Sec. 14. As used in this chapter, "recreational vehicle dealer agreement" means a written instrument between a recreational vehicle manufacturer or recreational vehicle distributor and a recreational vehicle dealer that determines the rights and responsibilities of the parties under which the recreational vehicle dealer sells recreational vehicles in the area of sales responsibility. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-15 "Recreational vehicle distributor"

Sec. 15. As used in this chapter, "recreational vehicle distributor" means a person, other than a recreational vehicle manufacturer, that is engaged in the business of selling new recreational vehicles to recreational vehicle dealers in the state, or the officers, agents, or employees of the person. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-16 "Recreational vehicle manufacturer"

Sec. 16. As used in this chapter, "recreational vehicle manufacturer" means a person that engages in the business of manufacturing, constructing, or assembling new recreational vehicles. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-17 "Transient customer"

Sec. 17. As used in this chapter, "transient customer" means an individual who is temporarily traveling through a recreational vehicle dealer's area of sales responsibility. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-18 "Travel trailer"

Sec. 18. As used in this chapter, "travel trailer" means a motor vehicle mounted on wheels that provides living quarters for recreational use, travel, or camping and does not require a special highway permit when towed by a motor vehicle. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-19 "Warrantor"

Sec. 19. (a) As used in this chapter, "warrantor" means a person that gives a warranty in connection with a new recreational vehicle or the parts, accessories, or components of the new recreational vehicle. (b) The term does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a recreational vehicle dealer or any other person that does not have a written agreement with a recreational vehicle manufacturer or recreational vehicle distributor. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-20 Written recreational vehicle dealer agreements; area of sales responsibility

Sec. 20. (a) Except as otherwise provided by law, a recreational vehicle manufacturer or recreational vehicle distributor may not sell recreational vehicles in Indiana to a recreational vehicle dealer unless the parties enter into a written recreational vehicle dealer agreement under this chapter. (b) Except as otherwise provided by law, a recreational vehicle dealer may not sell a new recreational vehicle in Indiana unless the parties enter into a written recreational vehicle dealer agreement with a recreational vehicle manufacturer or recreational vehicle distributor. (c) The recreational vehicle manufacturer or recreational vehicle distributor shall designate the area of sales responsibility exclusively assigned to the recreational vehicle dealer in the recreational vehicle dealer agreement, and a recreational vehicle dealer may not sell outside the area of sales responsibility listed in the recreational vehicle dealer agreement. (d) Without the consent of the parties, the recreational vehicle manufacturer or recreational vehicle distributor may not review or change the area of sales responsibility designated under subsection (c) for a duration that shall be stated in the written recreational vehicle dealer agreement. (e) The recreational vehicle manufacturer or recreational vehicle distributor may not contract with another recreational vehicle dealer for the sale of the same line make in the area of sales responsibility designated to the recreational vehicle dealer under subsection (c) for the duration of the recreational vehicle dealer agreement. (f) A recreational vehicle manufacturer may not issue a policy or procedure that violates or substantially alters a provision of the recreational vehicle dealer agreement for the duration of the recreational vehicle dealer agreement. (g) A recreational vehicle manufacturer shall distribute new recreational vehicles to recreational vehicle dealers in a fair and equitable manner. (h) A recreational vehicle manufacturer shall agree to provide to a recreational vehicle dealer adequate technical data to perform proper service and repairs. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-21 Termination, cancellation, or refusal to renew all or part of a recreational vehicle dealer agreement by a manufacturer or distributor; good cause

Sec. 21. (a) A recreational vehicle manufacturer or recreational vehicle distributor may not terminate, cancel, or refuse to renew all or part of a recreational vehicle dealer agreement without good cause. (b) The burden of proof to show good cause is on the recreational vehicle manufacturer or recreational vehicle distributor that is a party to the recreational vehicle dealer agreement. (c) The following factors may be considered as proof to show good cause under this section: (1) The extent of the recreational vehicle dealer's permeation into the area of sales responsibility. (2) The nature and extent of the recreational vehicle dealer's investment in the recreational vehicle dealer's business. (3) The adequacy of the recreational vehicle dealer's service facilities, equipment, parts, supplies, and personnel. (4) The effect of the proposed termination, cancellation, or refusal to renew the recreational vehicle dealer agreement on the community. (5) The extent and quality of the recreational vehicle dealer's warranty services. (6) The recreational vehicle dealer's failure to follow agreed upon procedures and standards for the overall operation of the recreational vehicle dealer consistent with Indiana law and the recreational vehicle dealer agreement. (7) The recreational vehicle dealer's performance of the terms of the recreational vehicle dealer agreement. (d) Except as otherwise provided in this chapter, a recreational vehicle manufacturer or recreational vehicle distributor shall provide written notice to a recreational vehicle dealer at least one hundred twenty (120) days before the recreational vehicle manufacturer or recreational vehicle distributor terminates, cancels, or refuses to renew a recreational vehicle dealer agreement for good cause. (e) A written notice under subsection (d) must provide the recreational vehicle dealer with all of the reasons the recreational vehicle manufacturer or recreational vehicle distributor intends to terminate, cancel, or refuse to renew the recreational vehicle dealer agreement. (f) Not later than thirty (30) days after receiving the written notice under subsection (d), if the recreational vehicle dealer provides the recreational vehicle manufacturer or recreational vehicle distributor with written notice of the intent to cure all claimed deficiencies, the recreational vehicle dealer must cure the claimed deficiencies not later than one hundred twenty (120) days after receiving the written notice. (g) If the recreational vehicle dealer cures the claimed deficiencies under subsection (f), the recreational vehicle manufacturer or recreational vehicle distributor may not terminate, cancel, or refuse to renew the recreational vehicle dealer agreement. (h) The recreational vehicle manufacturer or recreational vehicle distributor may terminate, cancel, or refuse to renew the recreational vehicle dealer agreement: (1) thirty (30) days after receipt of the written notice under subsection (d), if the recreational vehicle dealer fails to provide the recreational vehicle manufacturer or recreational vehicle distributor with written notice of the recreational vehicle dealer's intent to cure the claimed deficiencies; or (2) one hundred twenty (120) days after receipt of the written notice under subsection (d), if the recreational vehicle dealer fails to cure the claimed deficiencies not later than one hundred twenty (120) days after receiving the written notice. (i) The written notice period under subsection (d) may be reduced to thirty (30) days if the reason for terminating, canceling, or refusing to renew the recreational vehicle dealer agreement under this section is because of one (1) or more of the following factors: (1) A recreational vehicle dealer is: (A) convicted of; or (B) entering a plea of nolo contendere to; a felony offense. (2) The recreational vehicle dealer has abandoned or closed business operations for at least ten (10) consecutive business days, unless the abandonment or closure is due to: (A) an act of God; (B) a strike; (C) labor difficulty; or (D) a cause that is outside of the control of the recreational vehicle dealer. (3) A significant misrepresentation by the recreational vehicle dealer was made that materially affects the business relationship between the recreational vehicle dealer and the recreational vehicle manufacturer or recreational vehicle distributor. (4) The secretary has suspended, revoked, or refused to renew the license of the recreational vehicle dealer. (j) The written notice provisions under this section do not apply if the reason for terminating, canceling, or refusing to renew the recreational vehicle dealer agreement is a declaration of: (1) insolvency; (2) an assignment for the benefit of a creditor; or (3) bankruptcy; of the recreational vehicle dealer. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-22 Termination, cancellation, or refusal to renew all or part of a recreational vehicle dealer agreement by a dealer; good cause

Sec. 22. (a) A recreational vehicle dealer may terminate, cancel, or fail to renew all or part of a recreational vehicle dealer agreement at any time by giving at least thirty (30) days written notice to the recreational vehicle manufacturer or recreational vehicle distributor that is a party to the recreational vehicle dealer agreement. (b) If the termination, cancellation, or nonrenewal is for good cause, then the recreational vehicle dealer has the burden of proof to show good cause. (c) The following factors may be considered as proof to show good cause under this section: (1) A recreational vehicle manufacturer or recreational vehicle distributor: (A) is convicted of; or (B) enters a plea of nolo contendere; to a felony offense. (2) The recreational vehicle manufacturer or recreational vehicle distributor has abandoned or closed business operations for at least ten (10) consecutive business days, unless the abandonment or closure is due to: (A) an act of God; (B) a strike; (C) labor difficulty; or (D) another cause that is not within the control of the recreational vehicle manufacturer or recreational vehicle distributor. (3) A significant misrepresentation by the recreational vehicle manufacturer or recreational vehicle distributor was made that materially affects the business relationship with the recreational vehicle dealer. (4) A material violation of the recreational vehicle dealer agreement occurred by the recreational vehicle manufacturer or recreational vehicle distributor, which is not cured not later than one hundred twenty (120) days after receiving written notice of the violation. (5) A declaration of: (A) insolvency; (B) assignment for the benefit of creditors; or (C) bankruptcy; of the recreational vehicle manufacturer or recreational vehicle distributor. (6) Coercion committed by the recreational vehicle manufacturer or recreational vehicle distributor. (7) A violation of area of sales responsibility protections, or allowing other recreational vehicle dealers to violate such protections. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-23 Coercion

Sec. 23. (a) A recreational vehicle manufacturer or recreational vehicle distributor may not coerce or attempt to coerce a recreational vehicle dealer to: (1) purchase a product that the recreational vehicle dealer did not order; (2) enter into a recreational vehicle dealer agreement with the recreational vehicle manufacturer or recreational vehicle distributor; (3) take an action that is unfair or unreasonable to the recreational vehicle dealer; (4) enter into a recreational vehicle dealer agreement that requires the recreational vehicle dealer to submit disputes to binding arbitration or otherwise waive rights or responsibilities provided under this chapter; or (5) forego exercising a right authorized by a recreational vehicle dealer agreement or this chapter. (b) The recreational vehicle dealer bears the burden of proving coercion under this section. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-24 Repurchase of inventory by manufacturer

Sec. 24. (a) If a recreational vehicle dealer terminates, cancels, or refuses to renew the recreational vehicle dealer agreement for good cause, the recreational vehicle manufacturer, at the election of the dealer, shall repurchase the inventory of the recreational vehicle dealer not later than forty-five (45) days after the termination, cancellation, or refusal to renew the recreational vehicle dealer agreement as follows: (1) All new, unused, except for demonstration purposes, and untitled recreational vehicles that have not been altered or damaged and that were acquired from the recreational vehicle manufacturer or recreational vehicle distributor within eighteen (18) months of the date of the notice of termination, cancellation, or nonrenewal, at one hundred percent (100%) of the net invoice cost, including transportation, less applicable rebates, and discounts to the dealer. If a repurchased vehicle is damaged, the amount due to the recreational vehicle dealer shall be reduced by the cost to repair the damaged vehicle. Damage prior to delivery to the recreational vehicle dealer will not disqualify repurchase under this subsection. (2) One hundred five percent (105%) of the original net price paid to the recreational vehicle manufacturer or recreational vehicle distributor to compensate the recreational vehicle dealer for handling, packing, and shipping costs for all undamaged accessories and proprietary parts sold to the recreational vehicle dealer not more than twelve (12) months before the termination, cancellation, or refusal to renew the recreational vehicle dealer agreement if accompanied by the original invoice. (3) One hundred percent (100%) of the recreational vehicle dealer's net cost plus freight, destination, delivery, distribution charges, and sales tax for: (A) properly functioning diagnostic equipment; (B) special tools; (C) signs; and (D) any other equipment and machinery; if purchased by the recreational vehicle dealer not more than five (5) years before the termination, cancellation, or refusal to renew the recreational vehicle dealer agreement upon the recreational vehicle manufacturer's or recreational vehicle distributor's request that can no longer be used in the normal course of the recreational vehicle dealer's ongoing business. (b) A recreational vehicle manufacturer or recreational vehicle distributor shall pay in full for inventory repurchased under this section before the recreational vehicle is surrendered by the recreational vehicle dealer. Once the recreational vehicle dealer receives full payment under subsection (a), the recreational vehicle dealer shall immediately surrender the recreational vehicle to the recreational vehicle manufacturer or recreational vehicle distributor. (c) If the recreational vehicle dealer agreement is terminated, canceled, or not renewed by the recreational vehicle manufacturer or recreational vehicle distributor without good cause, in violation of section 22 of this chapter, then the recreational vehicle manufacturer or recreational vehicle distributor shall repurchase recreational vehicle dealer inventory, equipment, and parts as provided in this section. (d) A recreational vehicle dealer may sell the remaining inventory that is not repurchased under subsection (a). (e) A recreational vehicle dealer may: (1) sell the remaining inventory of a particular line make or model after the recreational vehicle dealer agreement is terminated, canceled, or not renewed by the recreational vehicle manufacturer or recreational vehicle distributor; or (2) if recreational vehicles of a line make or model that is subject to the terminated, canceled, or not renewed recreational vehicle dealer agreement are not repurchased under subsection (a), continue to sell the recreational vehicles in the recreational vehicle dealer's inventory until the recreational vehicles are no longer in the recreational vehicle dealer's inventory. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-25 Additional line make; written notice

Sec. 25. If a recreational vehicle dealer takes on an additional line make that competes directly with the current line make, the recreational vehicle dealer shall provide written notice to the recreational vehicle manufacturer or recreational vehicle distributor with whom the recreational vehicle dealer has a recreational vehicle dealer agreement at least thirty (30) days before entering into a recreational vehicle dealer agreement with the recreational vehicle manufacturer or recreational vehicle distributor of the additional line make. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-26 Ownership; written notice

Sec. 26. (a) A recreational vehicle dealer shall provide written notice to the recreational vehicle manufacturer or recreational vehicle distributor with whom the recreational vehicle dealer has a recreational vehicle dealer agreement if the recreational vehicle dealer desires to make a change in the ownership of the recreational vehicle dealer at least ten (10) business days before closing. The written notice under this subsection must include all supporting documentation necessary to assist the recreational vehicle manufacturer or recreational vehicle distributor in determining whether to object to the change in ownership. (b) A recreational vehicle manufacturer or recreational vehicle distributor may object to a proposed change in the ownership of a recreational vehicle dealer if the prospective new owner meets at least one (1) of the following conditions: (1) The prospective new owner has previously had a recreational vehicle dealer agreement terminated for good cause by a recreational vehicle manufacturer or recreational vehicle distributor. (2) The prospective new owner has been convicted of a felony or a crime of fraud, deceit, or moral turpitude. (3) The prospective new owner lacks a license required by law. (4) The prospective new owner does not have an active line of credit sufficient to purchase recreational vehicles under the recreational vehicle dealer agreement. (5) In the ten (10) years preceding the prospective change in ownership, the prospective new owner has: (A) made a declaration of: (i) insolvency; (ii) an assignment for the benefit of creditors; or (iii) bankruptcy; or (B) had the appointment of a receiver, trustee, or conservator to take possession of the prospective new owner's business or property. (c) A recreational vehicle manufacturer or recreational vehicle distributor shall answer the written notice under subsection (a) not later than seven (7) business days after receiving the written notice and provide the recreational vehicle dealer with any objections to the proposed change of ownership. The answer under this subsection must include the reasons for the objection. The recreational vehicle manufacturer or recreational vehicle distributor has the burden of proof regarding the reasons contained in its objection. If the recreational vehicle manufacturer or recreational vehicle distributor does not timely answer the written notice under subsection (a), the change of ownership is deemed approved. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-27 Succession of designated family member; good cause

Sec. 27. (a) This section does not apply to a recreational vehicle dealer if the recreational vehicle dealer agreement or other written agreement includes the recreational vehicle dealer's designation of a successor who is not the designated family member of the recreational vehicle dealer. (b) A designated family member of a deceased or incapacitated recreational vehicle dealer may succeed the recreational vehicle dealer if the recreational vehicle manufacturer or recreational vehicle distributor determines that the existing recreational vehicle dealer agreement should be honored. (c) A recreational vehicle manufacturer or recreational vehicle distributor may object to a succession under this section for good cause. The burden is on the recreational vehicle manufacturer or recreational vehicle distributor to show good cause for the following reasons: (1) The designated family member has been convicted of a felony or a crime of fraud, deceit, or moral turpitude. (2) The designated family member declared insolvency or bankruptcy during the ten (10) years before succession is set to occur. (3) The designated family member breached a prior recreational vehicle dealer agreement. (4) The designated family member lacks an active line of credit sufficient to purchase the recreational vehicles. (5) The designated family member lacks a license required by law. (d) A designated family member may not succeed a recreational vehicle dealer if the succession involves, without the recreational vehicle manufacturer's or recreational vehicle distributor's consent, a relocation of the business or an alteration of the terms and conditions of the recreational vehicle dealer agreement. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-28 Damage to recreational vehicle; rejection

Sec. 28. (a) A new recreational vehicle dealer is liable for damage to a new recreational vehicle after the recreational vehicle is delivered to the carrier or transporter only if the new recreational vehicle dealer selects the method and mode of transportation and the carrier or transporter. In all other instances, the recreational vehicle manufacturer or recreational vehicle distributor is liable for carrier related damage to a new recreational vehicle. (b) A recreational vehicle dealer that receives a damaged recreational vehicle under this section may: (1) request authorization from the recreational vehicle manufacturer or recreational vehicle distributor to correct the damage; or (2) reject the recreational vehicle under subsection (c). If the recreational vehicle manufacturer or recreational vehicle distributor does not authorize the repair not later than ten (10) days after receiving notice of the damage, or if the recreational vehicle dealer rejects the recreational vehicle because of the damage, ownership of the new recreational vehicle reverts to the recreational vehicle manufacturer or recreational vehicle distributor. (c) A recreational vehicle dealer may inspect and reject a damaged recreational vehicle in a timely manner as determined by a recreational vehicle dealer agreement, but not less than two (2) business days after the physical delivery of the recreational vehicle. (d) A recreational vehicle dealer may reject a recreational vehicle that has an unreasonable amount of miles on the odometer. The distance between the recreational vehicle manufacturer's factory or recreational vehicle distributor and the recreational vehicle dealer plus one hundred (100) miles is a reasonable amount of miles on the odometer. (e) A recreational vehicle dealer shall exercise due care in custody of the damaged recreational vehicle, but the recreational vehicle dealer shall have no other obligations, financial or otherwise, with respect to the damaged recreational vehicle. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-29 Warrantor obligations; reimbursement; claims

Sec. 29. (a) A warrantor shall do the following: (1) Provide a list of the warrantor's obligations to the recreational vehicle dealer for the preparation, delivery, and warranty service for products. (2) Compensate the recreational vehicle dealer for warranty services performed by the recreational vehicle dealer covered by the warrantor. (3) Provide the recreational vehicle dealer with a schedule of compensation to be paid and the time allowances to perform diagnostic work and warranty services on a recreational vehicle. (b) The schedule of compensation under subsection (a)(3) must include reasonable compensation for diagnostic work as well as warranty labor. If the schedule of compensation required by this section does not include a particular repair, the warrantor shall reimburse the recreational vehicle dealer for warranty service for the actual time worked, unless the warrantor demonstrates that the actual time worked was unreasonable. In such event, the recreational vehicle dealer shall be paid a reasonable sum. (c) Time allowances to perform diagnostic work and warranty services must be reasonable. (d) Compensation of a recreational vehicle dealer for warranty services may not be less than the lowest retail labor rate charged by the recreational vehicle dealer in the ordinary course of business for substantially similar labor that is not a warranty service. (e) A warrantor shall reimburse the recreational vehicle dealer for: (1) a warranty part at wholesale cost; (2) at least thirty percent (30%) of the wholesale cost as a handling charge; and (3) the cost of freight to return the part to the warrantor if the return is required by the warrantor. (f) If a warranty part is sent to the recreational vehicle dealer at no cost, the recreational vehicle dealer is entitled to payment of thirty percent (30%) of the wholesale cost of the warranty part from the warrantor as a handling charge. The handling charge for a warranty part may not exceed three hundred dollars ($300). A recreational vehicle dealer may return unused parts to the warrantor for credit after completion of the warranty services if the parts are in excess of what the recreational vehicle dealer requires. (g) A warrantor may conduct a warranty audit of a recreational vehicle dealer's records on a reasonable basis. (h) A warrantor may not deny a claim for warranty compensation by a recreational vehicle dealer except for good cause. Good cause includes: (1) performing nonwarranty repairs; (2) material noncompliance with the warrantor's published policies and procedures; (3) lack of material documentation; and (4) fraud or misrepresentation on the part of the recreational vehicle dealer. (i) A recreational vehicle dealer shall submit a warranty claim not later than forty-five (45) days after completing the diagnostic work or warranty service. (j) A recreational vehicle dealer shall notify the warrantor verbally or in writing as soon as is reasonably possible if the recreational vehicle dealer is unable or unwilling to perform a warranty repair. (k) A warrantor shall disapprove a warranty claim in writing not later than forty-five (45) days after the warranty claim is submitted by the recreational vehicle dealer in a manner and form prescribed by the warrantor. A warranty claim not disapproved under this subsection is approved and must be paid not later than sixty (60) days after receiving the submitted warranty claim from the recreational vehicle dealer. (l) A warrantor may ship parts to the dealer to affect the campaign work, and, if such parts are in excess of the dealer's requirements, the dealer may return unused parts to the warrantor for credit after completion of the campaign. (m) A warrantor may not: (1) fail to perform warranty obligations; (2) fail to include the expected date by which parts and equipment will be available to the recreational vehicle dealer to perform warranty services in the written notice of factory campaigns to recreational vehicle owners and recreational vehicle dealers; (3) fail to compensate a recreational vehicle dealer for authorized repairs performed by the recreational vehicle dealer of merchandise damaged during the manufacturing process or in transit to the recreational vehicle dealer, if the carrier is designated by the warrantor; (4) fail to compensate a recreational vehicle dealer for authorized warranty service in accordance with the time allowances set in the schedule of compensation if performed in a timely and competent manner; (5) intentionally misrepresent to purchasers of recreational vehicles that warranties with respect to the manufacture, performance, or design of the recreational vehicle are made by the recreational vehicle dealer as a warrantor or a cowarrantor; or (6) require the recreational vehicle dealer to make warranties to customers in any manner related to the manufacture of the recreational vehicle. (n) A recreational vehicle dealer may not: (1) fail to perform predelivery inspection functions, as specified by the warrantor, in a competent and timely manner; (2) fail to perform warranty services authorized by the warrantor in a reasonably competent and timely manner on a transient customer's recreational vehicle of the same line make unless the recreational vehicle dealer determines that the customer is acting in a manner detrimental to the recreational vehicle dealer's business; (3) fail to track actual time worked to perform warranty services not governed by time allowances in the schedule of compensation; (4) claim an agency relationship with a warrantor, a recreational vehicle manufacturer, or a recreational vehicle distributor; or (5) misrepresent the terms of a warranty. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-30 Indemnification

Sec. 30. (a) Notwithstanding the terms of a recreational vehicle dealer agreement, a warrantor may not fail to indemnify, defend, and hold harmless a recreational vehicle dealer against any losses or damages to the extent the losses or damages are caused by the negligence or willful misconduct of the warrantor. (b) A recreational vehicle dealer may not be denied indemnification or a defense for failing to discover, disclose, or remedy a defect in the design or manufacture of the recreational vehicle. (c) A recreational vehicle dealer may not fail to indemnify, defend, and hold harmless the warrantor against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the recreational vehicle dealer. (d) A recreational vehicle dealer shall provide to the warrantor a copy of any suit in which allegations are made against the warrantor not later than ten (10) days after receiving written notice of the suit. (e) Indemnification includes court costs, reasonable attorney's fees, and expert witness fees incurred by the recreational vehicle dealer. (f) Subsections (a) through (e) apply after a recreational vehicle is titled. (g) A warrantor shall provide to the recreational vehicle dealer a copy of any suit in which allegations are made against the warrantor not later than ten (10) days after receiving notice of the suit. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-31 Civil action

Sec. 31. (a) A recreational vehicle dealer, recreational vehicle manufacturer, recreational vehicle distributor, or warrantor injured by another party's violation of this chapter may bring a civil action in a circuit court or superior court having jurisdiction in the county in which the recreational vehicle dealer is located to recover actual damages. (b) In an action involving more than one (1) recreational vehicle dealer, the venue shall be in any county in which at least one (1) of the recreational vehicle dealers that is a party to the action is located. (c) This subsection does not apply to a civil action for injunctive relief. Before bringing a civil action under this section, the party must serve a written demand for mediation on the offending party as follows: (1) A demand for mediation shall be served upon the offending party via certified mail at the address stated within the recreational vehicle dealer agreement or, if the address is not contained in the recreational vehicle dealer agreement or the address is no longer valid, the address on the offending party's license filed with the secretary. In the event of a civil action between two (2) recreational vehicle dealers, the demand must be mailed to the address on the recreational vehicle dealer's license filed with the secretary. (2) A demand for mediation must contain a brief statement of the dispute and the relief sought by the party filing the demand. (3) Not later than twenty (20) days after the date a demand for mediation is served, the parties shall mutually select an independent mediator and meet with the mediator. The meeting must take place in Indiana in a location selected by the mediator. The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties. (d) Serving a demand for mediation acts as an agreement to stay the filing of a civil action for a violation of this chapter until after the parties have met with the mediator. If a civil action is filed before the meeting with the mediator, the court shall enter an order suspending the civil action until the meeting with the mediator has occurred. The court may, upon written stipulation of the parties, enter an order suspending the civil action for as long as the court considers appropriate if the parties wish to continue mediation. (e) The parties to the mediation each bear the cost of attorney's fees and must divide the cost of the mediator equally. (f) In addition to the remedies provided in this section and notwithstanding the existence of an additional remedy at law, a recreational vehicle dealer, recreational vehicle manufacturer, or recreational vehicle distributor may apply to a circuit court or superior court having jurisdiction over the claim, upon a hearing and for good cause shown, for a temporary or permanent injunction, or both, to restrain a party from violating or continuing to violate a provision of this chapter or from failing or refusing to comply with the requirements of this chapter. An injunction under this subsection must be issued without bond. A single act in violation of the provisions of this chapter is sufficient to authorize the issuance of an injunction under this subsection. As added by P.L.42-2025, SEC.40.

Ind. Code § 9-32-19-32 Revocation of licenses; civil penalties

Sec. 32. (a) The secretary may suspend or revoke the license of a recreational vehicle manufacturer, recreational vehicle distributor, or recreational vehicle dealer upon a finding of a violation of this chapter. (b) A person that violates this chapter, a rule established under this article, or an order issued by the secretary under this chapter is subject to a civil penalty of up to one thousand dollars ($1,000) for each violation. Civil penalties recovered under this section shall be paid to the state and deposited into the dealer enforcement account established by IC 9-32-7-2. As added by P.L.42-2025, SEC.40.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/9Fetched: 10/17/2026

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