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Accordingly, as Penske Chevrolet admitted to not having provided Boots with the disclosure statement and extended warranty, Penske Chevrolet violated the statute.

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However, knowledge by the buyer is not an avenue to avoid the application of the statute as the statutory requirements of the written disclosure statement and extended warranty are imposed on the dealer regardless of the buyer's prior knowledge. Therefore, we reverse the trial court's entry of summary judgment for Penske Chevrolet on the issue of the Buyback Vehicle Disclosure Law and enter summary judgment for Boots.

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Hale, N. It was then fixed, he said, and everything with the vehicle was fine now. At that point Boots stopped signing the paperwork and inquired whether the Corvette had a rebuilt title. Appellant's App. More than a year later, Boots discovered that the Corvette's title was branded as a buyback. That same Carfax report was used more than a year later by a dealership to advise Boots that the title to his Corvette was branded.


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Bates, Ind. This maxim, applicable to the law of contracts, signifies that neither court of equity nor one of law will provide a remedy where such a situation is presented. The existence or nonexistence of confidential relations between the parties in fault is an important element in determining whether they are in pari delicto. There are numerous cases in which conveyances were set aside, notwithstanding the illegality of the original transaction, where it was deemed that, because of fraud, duress, oppression, imposition, or undue influence, one party was more guilty than the other in inducing the act.

Rather, the evidence suggests that Boots only sought assurances about the condition of the title. Fiene told him it was fine. Boots asked to have that documented in writing and Fiene obliged. Boots never requested a title devoid of the Buyback brand, nor did he ask to change the title. Because of Fiene's assurance, Boots was deprived of the opportunity to make the informed decision of whether to purchase a Corvette with a branded certificate of title. Accordingly, as there is no genuine issue of material fact that Penske Chevrolet committed fraud in the sale of the Corvette, we reverse the trial court's entry of summary judgment for Penske Chevrolet on Boots' fraud claim and enter summary judgment in favor of Boots as a matter of law.

We reverse the trial court's entry of summary judgment and enter summary judgment in favor of Boots as a matter of law.

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We acknowledge that the Automobile Dealers Association of Indiana appeared as Amicus Curiae in support of Penske Chevrolet and filed its own brief on appeal. Boots' claim against Capital One is based on liability it contractually assumed as assignee and holder of the Retail Installment Agreement entered into between Penske Chevrolet and Boots.

Because Capital One's liability is derivative of Penske Chevrolet's liability, both parties will be assumed as one for purposes of this opinion. Boots has abandoned his claim pursuant to the Magnuson—Moss Warranty Act on appeal. We acknowledge Penske Chevrolet's argument that Boots omitted to raise the issue of the express warranty until his reply brief on summary judgment.

See, e. By submitting this form, you agree to FindLaw. We respect your privacy. Thank you for subscribing! Explore Resources For Practice Management. Legal Technology. Corporate Counsel. BOOTS v. Reset A A Font size: Print. Court of Appeals of Indiana. Court of Appeals Case No. Smith, Jeffrey B.

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Halbert, Joel T. Additional facts will be provided as necessary.


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Indiana's Buyback Vehicle Disclosure Law [12] As an issue of first impression, Boots relies on the explicit provisions of Indiana's Buyback Vehicle Disclosure Law to contend that the statute applies to any sale of a buyback vehicle, regardless whether it is an initial sale after repurchase by the manufacturer or any resale thereafter. Fraud [17] Next, Boots contends that his uncontroverted designated evidence establishes that Penske Chevrolet committed fraud during the sale of the Corvette.

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