41-1a-1008.5. Private cause of action.

215 words·~1 min read·/ut/title-41/chapter-1a/41-1a-1008-5

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

(1)Any owner who is not a manufacturer, dealer, motor vehicle auction, or consignor to a motor vehicle auction not licensed under Section 41-3-201 and who violates Section 41-1a-1005.3 is liable to the purchaser for:

(a)actual damages if the purchaser elects to retain the salvage vehicle, or the value of the consideration paid for the salvage vehicle if the purchaser elects rescission;

(b)the costs of the action and reasonable attorney fees;

(c)up to three times the value of the actual damages or the consideration as exemplary damages; and

(d)other equitable relief, including rescission and restitution, the court determines to be proper in addition to damages and costs.

(2)Actual damages include:

(a)the difference between the actual market value of the salvage vehicle or nonconforming vehicle at the time of purchase and the contract price;

(b)towing;

(c)repair;

(d)storage expenses;

(e)rental of substitute transportation;

(f)food and lodging expenses;

(g)lost wages;

(h)finance charges;

(i)sales or use tax;

(j)other governmental fees;

(k)lease charges; and

(l)other incidental and consequential damages.

(3)The remedies provided in this section are not exclusive but are in addition to any other remedies provided by law.

Enacted by Chapter 463 , 2013 General Session