13-14-205. Liability for damages to motor vehicles in transit -- Disclosure required.

275 words·~1 min read·/ut/title-13/chapter-14/13-14-205

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

(a)A franchisee is solely liable for damage to a new motor vehicle after delivery by and acceptance from the carrier.

(b)A delivery receipt or bill of lading, or similar document, signed by a franchisee is evidence of a franchisee's acceptance of a new motor vehicle.

(2)A franchisor is liable for all damage to a motor vehicle before delivery to and acceptance by the franchisee, including that time in which the vehicle is in the control of a carrier or transporter.

(a)A franchisor shall disclose to the franchisee any repairs made prior to delivery, except a recreational vehicle franchisor shall disclose to a recreational vehicle franchisee any repair made to the vehicle prior to delivery only if:

(i)the cost of the repair exceeds 3% of the manufacturer's wholesale price, as measured by retail repair costs; or

(ii)the repair is to the exterior sidewalls or roof of the vehicle, and repairs total over $500.

(b)Replacement of a recreational vehicle's glass, tires, wheels, audio equipment, in-dash components, instrument panels, appliances, furniture, and components other than built-in cabinetry contained in the vehicle's living quarters, is not considered a repair under this subsection if the component replaced has been replaced with original manufacturers parts and materials.

(4)Notwithstanding Subsections

(1),

(2), and

(3), the franchisee is liable for damage to a new motor vehicle after delivery to the carrier or transporter if the franchisee selected:

(a)the method and mode of transportation; and

(b)the carrier or transporter.

Amended by Chapter 162 , 1997 General Session