41-3-411 - Private remedy.
41-3-411. Private remedy.
(1) Any seller who violates Sections 41-3-406 through 41-3-409 is liable to the purchaserfor:
(a) actual damages if the purchaser elects to retain the buyback vehicle, or the value ofthe consideration paid for the buyback 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 exemplarydamages; and
(d) other equitable relief, including rescission and restitution, the court determines to beproper in addition to damages and costs.
(2) Actual damages include the difference between the actual market value of thebuyback vehicle or nonconforming vehicle at the time of purchase and the contract price, towing,repair, and storage expenses, rental of substitute transportation, food and lodging expenses, lostwages, finance charges, sales or use tax, other governmental fees, lease charges, and otherincidental and consequential damages.
(3) Lack of privity is not a bar to any action under this section.
(4) (a) A permanent injunction, final judgment, or final order of the court obtained by theattorney general under Section 41-3-410 is prima facie evidence, in an action brought under thissection, that the defendant has violated Sections 41-3-406 through 41-3-409.
(b) This section does not apply to consent orders or stipulated judgments in which there isno admission of liability by the defendant.
(5) Any action to enforce liability under this section must be brought within two yearsfrom the date of discovery by the consumer of the facts underlying the cause of action.
Enacted by Chapter 163, 1993 General Session