41-3-702. Civil penalty for violation.
(1) The following are civil violations under this chapter and are in addition to criminal violations under this chapter: Level I: failing to display business license; failing to surrender license of salesperson because of termination, suspension, or revocation; failing to maintain a separation from nonrelated motor vehicle businesses at licensed locations; issuing a temporary permit improperly; failing to maintain records; selling a new motor vehicle to a nonfranchised dealer or leasing company without licensing the motor vehicle; special plate violation; failing to maintain a sign at a principal place of business; or failing to store a salvage vehicle purchased at a motor vehicle auction in a secure location until the purchaser or a transporter has provided the proper documentation to take possession of the salvage vehicle. Level II: failing to report sale; dismantling without a permit; manufacturing without meeting construction or vehicle identification number standards; withholding customer license plates; selling a motor vehicle on consecutive days of Saturday and Sunday; or failing to record and report the sale of a salvage vehicle at a motor vehicle auction as described in Section. 41-3-201 Level III: operating without a principal place of business; selling a new motor vehicle as a dealer who is not a direct-sale manufacturer without holding the franchise; crushing a motor vehicle without proper evidence of ownership; selling from an unlicensed location; altering a temporary permit; refusal to furnish copies of records; assisting an unlicensed dealer or salesperson in sales of motor vehicles; advertising violation; failing to separately identify the fees required by; Title 41, Chapter 1a, Motor Vehicle Act encouraging or conspiring with unlicensed persons to solicit for prospective purchasers; selling, offering for sale, or displaying for sale or exchange a vehicle, vessel, or outboard motor in violation of Section; or 41-1a-705 a violation of Subsection. 41-3-211(1)(d)
(2) The schedule of civil penalties for violations of Subsectionis: (1) Level I: $25 for the first offense, $100 for the second offense, and $250 for the third and subsequent offenses; Level II: $100 for the first offense, $250 for the second offense, and $1,000 for the third and subsequent offenses; and Level III: $250 for the first offense, $1,000 for the second offense, and $5,000 for the third and subsequent offenses. When determining under this section if an offense is a second or subsequent offense, only prior offenses committed within the 12 months before the commission of the current offense may be considered.
(3) Knowingly selling a salvage vehicle, as defined in Section, without disclosing that the salvage vehicle has been repaired or rebuilt is a civil violation in addition to a criminal violation under Section. 41-1a-1001 41-1a-1008
(4) The civil penalty for a violation under Subsectionis: (3) not less than $1,000, or treble the actual damages caused by the person, whichever is greater; and reasonable attorney fees and costs of the action.
(5) A civil action may be maintained by a purchaser or by the administrator.