Utah Code § 41-1a-1008.5

Current through the 2024 Fourth Special Session
Section 41-1a-1008.5 - Private cause of action
(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.

Utah Code § 41-1a-1008.5

Added by Chapter 463, 2013 General Session ,§ 4, eff. 5/14/2013.