Daviess County - Indiana Criminal Code 2022

204

CRIMINAL LAWAND PROCEDURE

35-43-6-11. Determining fair market value. For purposes of this chapter, fair market value shall be determined as of the time either the home improvement contract was formed or at the time any of the work commenced under the home improvement contract, whichever is earlier. However, if such evidence is not readily available, the fair market value prevailing within any rea sonable time before or after the time described, which in commercial judgment or under usage of trade would serve as a reasonable substitute, may be used. Chapter 7. Impairment of Identification. 35-43-7-1. “Consent of original manufacturer.” 35-43-7-2. “Identification number” defined. 35-43-7-3. “Product” defined. 35-43-7-4. Altering identification number. 35-43-7-5. Possession of product with altered identifi cation number. 35-43-7-1. “Consent of original manufacturer.” As used in this chapter, “consent of the orig inal manufacturer” includes consent: (1) Directly from the original manufac turer; (2) From an appointed direct representative of the original manufacturer; or (3) From a person operating under spe cific authorization of the original manu facturer. 35-43-7-2. “Identification number” defined. As used in this chapter, “identification num ber” means a number, letter, or number and letter assigned to a product by the manufacturer of the product for purposes of identifying the item. 35-43-7-3. “Product” defined. As used in this chapter, “product” means the following items:

tract for purposes of this chapter if the multiple contracts arise from the same transaction. 35-43-6-5. “Home improvement contract price” defined. As used in this chapter, “home improvement contract price” means the amount actually charged for the services, materials, and work to be per formed under the home improvement contract but does not include financing costs, loan con solidation amounts, taxes, and governmental fees paid by or on behalf of the consumer, amounts returned to or on behalf of the consumer, or sim ilar costs not related to the home improvement. 35-43-6-6. “Home improvement supplier” defined. As used in this chapter, “home improvement supplier” means a person who engages in or solic its home improvement contracts whether or not the person deals directly with the consumer. 35-43-6-7. “Person” defined. As used in this chapter, “person” means an individual, corporation, business trust, estate, trust, partnership, association, cooperative, or any other legal entity. 35-43-6-8. Unconscionable contract. For purposes of this chapter, a home improve ment contract is unconscionable if an unreason able difference exists between the fair market value of the services, materials, and work per formed or to be performed and the home improve ment contract price. 35-43-6-9. Prima facie evidence. For purposes of this chapter, a home improve ment contract price in excess of four (4) times greater than the fair market value of the services, materials, or work performed or to be performed is prima facie evidence of an unconscionable home improvement contract. 35-43-6-10. Fair market value. For purposes of this chapter, the fair market value of a home improvement is that amount which in commercial judgment or under usage of trade would be reasonable for services, materials, and work of similar quality and workmanship.

(1) Radio. (2) Piano. (3) Phonograph.

(4) Sewing machine. (5) Washing machine. (6) Typewriter. (7) Adding machine. (8) Comptometer.