Section 41-3-702 - Civil penalty for violation(1) The following are civil violations under this chapter and are in addition to criminal violations under this chapter: (a) Level I:(i) failing to display business license;(ii) failing to surrender license of salesperson because of termination, suspension, or revocation;(iii) failing to maintain a separation from nonrelated motor vehicle businesses at licensed locations;(iv) issuing a temporary permit improperly;(v) failing to maintain records;(vi) selling a new motor vehicle to a nonfranchised dealer or leasing company without licensing the motor vehicle;(vii) special plate violation;(viii) failing to maintain a sign at a principal place of business; or(ix) failing to store a salvage vehicle purchased at a motor vehicle auction in a secure location until the purchaser or a transporter has provided the proper documentation to take possession of the salvage vehicle.(b) Level II:(i) failing to report sale;(ii) dismantling without a permit;(iii) manufacturing without meeting construction or vehicle identification number standards;(iv) withholding customer license plates;(v) selling a motor vehicle on consecutive days of Saturday and Sunday; or(vi) failing to record and report the sale of a salvage vehicle at a motor vehicle auction as described in Section 41-3-201.(c) Level III: (i) operating without a principal place of business;(ii) selling a new motor vehicle as a dealer who is not a direct-sale manufacturer without holding the franchise;(iii) crushing a motor vehicle without proper evidence of ownership;(iv) selling from an unlicensed location;(v) altering a temporary permit;(vi) refusal to furnish copies of records;(vii) assisting an unlicensed dealer or salesperson in sales of motor vehicles;(viii) advertising violation;(ix) failing to separately identify the fees required by Title 41, Chapter 1a, Motor Vehicle Act;(x) encouraging or conspiring with unlicensed persons to solicit for prospective purchasers;(xi) selling, offering for sale, or displaying for sale or exchange a vehicle, vessel, or outboard motor in violation of Section 41-1a-705; or(xii) a violation of Subsection 41-3-211(1)(d).(2)(a) The schedule of civil penalties for violations of Subsection (1) is: (i) Level I: $25 for the first offense, $100 for the second offense, and $250 for the third and subsequent offenses;(ii) Level II: $100 for the first offense, $250 for the second offense, and $1,000 for the third and subsequent offenses; and(iii) Level III: $250 for the first offense, $1,000 for the second offense, and $5,000 for the third and subsequent offenses.(b) When determining under this section if an offense is a second or subsequent offense, only prior offenses committed within the 12 months before the commission of the current offense may be considered.(3) Knowingly selling a salvage vehicle, as defined in Section 41-1a-1001, without disclosing that the salvage vehicle has been repaired or rebuilt is a civil violation in addition to a criminal violation under Section 41-1a-1008.(4) The civil penalty for a violation under Subsection (3) is: (a) not less than $1,000, or treble the actual damages caused by the person, whichever is greater; and(b) reasonable attorney fees and costs of the action.(5) A civil action may be maintained by a purchaser or by the administrator.Amended by Chapter 63, 2023 General Session ,§ 5, eff. 7/1/2023.Amended by Chapter 424, 2019 General Session ,§ 12, eff. 10/1/2019.Amended by Chapter 387, 2018 General Session ,§ 13, eff. 5/8/2018.Amended by Chapter 153, 2017 General Session ,§ 3, eff. 5/9/2017.Amended by Chapter 390, 2012 General Session ,§ 7, eff. 10/1/2012.Amended by Chapter 379, 2012 General Session ,§ 3, eff. 5/8/2012.Amended by Chapter 234, 2009 General Session