Public-domain · open source
OpenJurist

Utah Code § 41-1a-1008.5

Private cause of action

Enacted by Chapter 463, 2013 General Session

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.