Public-domain · open source
OpenJurist

Ark. Code Ann. § 23-112-105

Civil damages

Known as the Arkansas Motor Vehicle Commission Act

The act spans §§ 23–23 (104 sections).

Applied in 2 court decisions — leading case Reeder-Simco GMC, Inc. v. Volvo GM Heavy Truck Corp. (2004)

Most recently applied in Reeder-Simco GMC, Inc. v. Volvo GM Heavy Truck Corp. (July 2004)

Acts 1975, No. 388, § 9; A.S.A. 1947, § 75-2309; Acts 1989, No. 678, § 3; 2011, No. 1005, § 4; 2013, No. 1043, § 3; 2019, No. 315, § 2827.

(1) A licensee suffering pecuniary loss because of any willful failure by any other licensee to comply with this chapter, other than a new automobile or truck dealer's failure to comply with § 23-112-301(d)(1) and (2) or with any rule promulgated by the Arkansas Motor Vehicle Commission under authority vested in it by this chapter, may recover reasonable damages and attorney's fees therefor in any court of competent jurisdiction.

(2) If a motor vehicle dealer prevails in an action against a manufacturer, distributor, second-stage manufacturer, importer, converter, manufacturer branch or division, or distributor branch or division under any provision of this chapter, the motor vehicle dealer shall also have a cause of action against the manufacturer, distributor, second-stage manufacturer, importer, converter, manufacturer branch or division, or distributor branch or division for attorney's fees, if none have been awarded in an earlier administrative hearing.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.