(1) Notwithstanding any other provision of this chapter to the contrary, the police department through its chief officer, after complying with § 55-16-105, may execute a written waiver of its right to sell a vehicle taken into custody under this chapter in favor of a garagekeeper or towing firm in whose possession the vehicle was lawfully placed by the police department under this chapter. If a garagekeeper or towing firm has made repairs to a vehicle for which a waiver has been executed, the garagekeeper or towing firm may proceed to enforce the lien as provided in § 66-19-103. If the garagekeeper or towing firm has not made repairs to a vehicle for which a waiver has been executed, the garagekeeper or towing firm may proceed to sell the vehicle in accordance with the procedure established in § 55-16-106.
(2) As to third-party purchasers, the sale of the abandoned, immobile, or unattended vehicle shall be valid, but the garagekeeper or towing firm shall sell the vehicle in a commercially reasonable manner, and failure to do so may subject the garagekeeper or towing firm to suit for monetary damages by either the true owner or a lienholder.