Private cause of action.

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  • (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.




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