Indiana § 9-32-4-2 - Affidavit form

§ 9-32-4-2. Affidavit form

Sec. 2. The affidavit required by section 1(b)(2)(C) of this chapter must be printed in the following form:

STATE OF INDIANA

) ss:

COUNTY OF ____________

I affirm under the penalties for perjury that all of the following are true:

(1) That I am a dealer licensed under IC 9-32.

(2) That I cannot deliver or transmit a valid certificate of title to the retail purchaser of the motor vehicle or watercraft described in paragraph (3) at the time of sale of the motor vehicle or watercraft to the retail purchaser. The identity of the previous seller or transferor is ___________________. There ( ) is ( ) is not a lien on the motor vehicle or watercraft. I am required to satisfy any obligation secured by this motor vehicle or watercraft not later than (date)_______. I expect to deliver or transmit a valid and transferable certificate of title not later than (date)_______________ from the State of (state)________ to the purchaser.

(3) That I will undertake reasonable commercial efforts to produce the valid certificate of title. The vehicle identification number or hull identification number is __________________.

Signed _______________________, Dealer

By_________________________________

Dated _____, ____

CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AFFIDAVIT.

___________________________________

Customer Signature

NOTICE TO THE CUSTOMER

If you do not receive a valid certificate of title within thirty-one (31) days after the date of sale, you have the right to return the motor vehicle or watercraft to the dealer ten (10) days after giving the dealer written notice demanding delivery or transmission of a valid certificate of title and after the dealer's failure to deliver or transmit a valid certificate of title within that ten (10) day period. Upon return of the motor vehicle or watercraft to the dealer in the same or similar condition as when it was delivered to you, the dealer shall pay you the purchase price plus sales taxes, finance expenses, insurance expenses, and any other amount that you paid to the dealer. If a lien is present on the previous owner's certificate of title, it is the responsibility of the third party lienholder to timely deliver or transmit the certificate of title in the third party's possession to the dealer not more than ten (10) business days after there is no obligation secured by the motor vehicle or watercraft. If the dealer's inability to deliver or transmit a valid certificate of title to you within the above-described ten (10) day period results from the acts or omissions of a third party that has failed to timely deliver or transmit the certificate of title in the third party's possession to the dealer, the dealer may be entitled to claim against the third party the damages allowed by law.

As added by P.L.92-2013, SEC.78. Amended by P.L.262-2013, SEC.140; P.L.174-2016, SEC.49; P.L.179-2017, SEC.38; P.L.27-2018, SEC.18; P.L.137-2018, SEC.7.

IC 9-32-5Chapter 5. Manufacturers, Converter Manufacturers, and Dealers; Manufacturers' Certificates of Origin

9-32-5-1Applicability; exception 9-32-5-2Sale or transfer of motor vehicle or watercraft for display or resale; delivery of certificate of origin 9-32-5-3Purchaser of new motor vehicle or watercraft; receipt of certificate of origin 9-32-5-4Form of certificates of origin and assignments of origin 9-32-5-5Dealer; required certificates or proof of ownership or right of possession 9-32-5-6Dealer possession of motor vehicle without certificate of title; application; time limitation 9-32-5-7Forms for applications 9-32-5-8Assigned certificates of title or certificates of origin; delivery 9-32-5-9Inspection of certificates; motor vehicles or watercraft