41-3-211. Unlawful acts or practices.

567 words·~3 min read·/ut/title-41/chapter-3/41-3-211

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

Effective 7/1/2023

(1)A licensee may not knowingly or intentionally engage in any of the following unlawful acts or practices:

(a)provide a financial institution or person being contacted to provide financing for the purchase of a motor vehicle, a motor vehicle contract of sale, document of sale, contract, request for proposal, or other document that does not accurately state:

(i)the terms of the motor vehicle purchase; or

(ii)if the vehicle is a rebuilt vehicle;

(b)sell a motor vehicle to a purchaser that is subject to financing that is not the motor vehicle described in a motor vehicle contract of sale, document of sale, contract, request for proposal, or other document as of the time the contract of sale, document of sale, contract, request for proposal, or other document provided to the financial institution or person providing financing;

(c)make payments on any loan or lease on a motor vehicle subject to a loan or lease that is subject to the payoff requirements of Subsection 41-3-402(1) ; or

(d)except as provided in Subsection

(3), require a purchaser to pay as a condition of the sale:

(i)an amount higher than the negotiated purchase price; or

(ii)any fee or charge in addition to the negotiated purchase price.

(2)The provisions of Subsection (1)(c) do not prohibit a dealer from making one or more loan or lease payments for a motor vehicle if making the payments is:

(a)stated in writing in a motor vehicle contract of sale, document of sale, contract, request for proposal, or other document; or

(b)stated in the notice to the lienholder of the trade-in of the vehicle as required by Subsection 41-3-402(5) .

(3)Subsection (1)(d) does not prohibit a licensee from charging any of the following in addition to the negotiated purchase price detailed on the transaction disclosure form required pursuant to Section 41-3-401.6 :

(a)a temporary permit fee pursuant to Section 41-1a-211 ;

(b)a fee required in Chapter 1a, Part 5, Titling Requirement ;

(c)motor vehicle registration fees required under this title;

(d)a dealer documentary service fee as described in rules made in accordance with Sections 41-3-301 and 41-3-302 ;

(e)sales and use taxes as required by Title 59, Chapter 12, Sales and Use Tax Act ;

(f)for the purchase of a semi-tractor with a gross vehicle weight rating of over 14,000 pounds, an increase to the negotiated purchase price paid by the licensee that is imposed by the manufacturer after the negotiated purchase price is determined by the licensee and the purchaser; or

(g)any other tax or fee required by federal or state law to be paid by the purchaser of a motor vehicle.

(a)Except as provided in Subsection (4)(b) , a person who violates the provisions of this section is subject to the penalties provided in Section 41-3-701 and Subsection 41-3-702(1)(a) .

(b)A person who violates Subsection (1)(d) is subject to the penalties provided in Subsection 41-3-702(1)(c) .

(a)Subsection (1)(d) does not apply to a sale at auction and does not prohibit a licensee who conducts an auction from charging the winning bidder fees related to the auction or other vehicle-related services.

(b)Subsection (1)(d) does not apply to the sale of motor vehicles in a fleet transaction.

Amended by Chapter 63 , 2023 General Session