Download Zipped Introduced WP 9 HB0353.ZIP
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5 This act modifies the Motor Vehicles Code to prohibit a person from knowingly selling a
6 vehicle initially delivered for sale in a country other than the United States of America
7 without written notification to the purchaser. This act requires the State Tax
8 Commission to make rules regarding information required to be disclosed. This act
9 provides that a violation is a class B misdemeanor. This act allows for civil liability for
10 failure of a seller to provide the purchaser with the required notification.
11 This act affects sections of Utah Code Annotated 1953 as follows:
13 41-1a-712, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 41-1a-712 is enacted to read:
16 41-1a-712. Foreign vehicle disclosure requirements -- Penalties -- Civil damages.
17 (1) A person may not knowingly sell or offer for sale in this state any vehicle that was
18 initially delivered for disposition or sale in a country other than the United States of America
19 unless, prior to the sale, the person provides written notice to the purchaser on a separate form
20 furnished by the Motor Vehicle Enforcement Division that indicates:
21 (a) that the vehicle was initially delivered for disposition or sale in a country outside of
22 the United States as indicated on the Manufacturer's Statement of Origin or similar ownership
24 (b) the country where the vehicle was initially delivered for the disposition or sale; and
25 (c) any other information required by the commission under rules made by the
26 commission in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
27 (2) A person who violates this section is guilty of a class B misdemeanor.
28 (3) (a) In addition to any other penalties, a purchaser may bring a civil action to recover
29 damages resulting from a seller's failure to provide notice as required under this section.
30 (b) The amount of damages that may be recovered in a civil action are the actual
31 damages or $1,500, whichever is greater.
Legislative Review Note
as of 2-13-03 10:31 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.