§481J-7 Civil and administrative actions for violations.

257 words·~1 min read·/hi/481j-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A consumer of a used motor vehicle shall have a private right of action against a dealer to enforce this chapter and recover costs, including reasonable attorney's fees, incurred in the civil action.

(b)It shall be an affirmative defense to any claim under this section that:

(1)The alleged malfunction or defect does not substantially impair the use or safety of the used motor vehicle;

(2)The alleged malfunction or defect is the result of abuse, neglect, or unreasonable modifications or alterations of the used motor vehicle; or

(3)The alleged malfunction or defect was covered or warranted under an express warranty issued by the manufacturer of the used motor vehicle, and that such warranty issued by the manufacturer of the used motor vehicle was in effect during the warranty period established by this chapter.

(c)Any private civil action brought pursuant to this section shall be commenced within one year of the date of original delivery of the used motor vehicle to the consumer.

(d)Nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

(e)A dealer's failure to comply with any of the provisions of this chapter may result in disciplinary action pursuant to chapter 437, which may result in sanctions, including but not limited to suspension or revocation of license, and the imposition of fines or restitution. [L 1994, c 224, pt of §1; am L 2008, c 19, §26]