Title 13, Commerce and Trade

13-14-307. Franchisor's obligations upon termination or noncontinuation of franchise or line-make. (1) Upon the termination or noncontinuation of a franchise or a line-make, the franchisor shall pay the franchisee: (a) an amount calculated by: (i) including the franchisee's cost …

13-14-307.5. Termination, cancellation, or nonrenewal of a recreational vehicle franchise agreement. (1) This section applies only to a recreational vehicle franchisee's termination, cancellation, or nonrenewal of: (a) a recreational vehicle franchise; or (b) a recreational vehic…

13-14-308. Private right of action. (1) A franchisee has a private right of action for actual damages and reasonable attorney fees against a franchisor for a violation of this chapter that results in damage to the franchisee. (2)(a) As used in this Subsection (2): (i) "New franch…

13-14-309. Change in distribution plan. If there is a change in the plan of distribution of a line make that contemplates a continuation of that line make in the state, a manufacturer or distributor may not directly or indirectly, through the action of any parent of the manufactu…

13-14-310. Reporting requirement. By September 1 of each year, the advisory board shall submit, in accordance with Section 68-3-14, an annual written report to the Business and Labor Interim Committee that, for the fiscal year immediately preceding the day on which the report is …

13-14a-1. Definitions. (1)(a) "Dealer" means any person, firm, or corporation engaged in the business of selling and retailing farm equipment, implements, utility and light industrial equipment, attachments, or repair parts, and includes retailers of yard and garden equipment not…

13-14a-2. Right of return on termination of retailing agreement -- Credit on return. (1) Upon termination of all sales agreements in which the dealer has agreed to offer the products of the manufacturer or wholesaler for retail sale and to stock wholegoods and parts inventories a…

13-14a-3. Right of return on death of dealer -- Continuation of business by heirs or survivors -- Right to sell business. (1) Upon the death of a dealer, the death of a general partner in a partnership operating as a dealer, or the death of a majority shareholder in a corporation…

13-14a-4. Termination of retailing agreement at will. Any retailing agreement between a dealer and a manufacturer or wholesaler that is entered into or renewed after May 1, 1989, shall terminate at will, notwithstanding any agreement or law to the contrary, upon written notice of…

13-14a-5. Notice or consent required before changing terms of retailing agreement -- Limitations on pledge of personal assets -- Cancellation of retailing agreement. (1) Each manufacturer, wholesaler, financing subsidiary or division of the manufacturer, or any independent lender…

13-14a-6. Security interest of wholesaler or manufacturer not affected. This chapter may not be construed to affect in any way any security interest that the wholesaler or manufacturer may have in the inventory of the dealer. The retailer, manufacturer, or wholesaler may furnish …

13-14a-7. Attorneys' fees and court costs -- Punitive damages. The court, in any action to compel compliance with this chapter, shall award costs and reasonable attorneys' fees to the prevailing party. The court may award punitive damages.

13-14a-8. Contractual right of return -- Election of penalties. If the agreement between a dealer and a manufacturer or wholesaler confers rights and duties covering the return of wholegoods and parts inventories upon termination of the agreement, the dealer may elect to proceed …

13-14a-9. Continuing obligation of manufacturer or wholesaler. (1) If a manufacturer or wholesaler is purchased by or merges with another company, the purchasing or surviving entity shall bear all of the responsibilities of the original or purchased manufacturer or wholesaler und…

13-14b-101. Title. This chapter is known as the "Uniform Equipment Dealers Warranty Reimbursement Act."

13-14b-102. Definitions. As used in this chapter: (1) "Audit" means a review by a supplier of a dealer's warranty claims records. (2) "Current net price" means the price charged to a dealer for repair parts as listed in the printed price list or catalog or invoice of the supplier…

13-14b-103. Warranty claims. (1) An equipment dealer may submit a warranty claim to a supplier if a warranty defect is identified and documented prior to the expiration of a supplier's warranty: (a) while a dealer agreement is in effect; or (b) after the termination of a dealer a…

13-14b-104. Audits. (1) A supplier may not audit a dealer's records concerning any paid warranty claim that was submitted to the supplier more than one year before the day on which the audit begins, except where an audit of records made within the one-year time period shows fraud…

13-14b-105. Relief. (1) A dealer may bring an action in a court of competent jurisdiction to obtain payment of a warranty claim submitted under this chapter to a supplier if a supplier: (a) fails to make payment in accordance with the provisions of this chapter; (b) wrongfully re…

13-15-102. Definitions. As used in this chapter: (1)(a) "Business opportunity" means an arrangement under which a person: (i) sells or leases a product, equipment, a supply, or a service: (A) upon payment of initial required consideration of at least $500; and (B) for the purpose…

13-15-201. Required filings -- Fees -- Rulemaking. (1)(a) Except as provided in Subsection (2), before a person may act as a seller in the state, the person shall obtain a proof of disclosure receipt from the division. (b) To obtain a proof of disclosure receipt from the division…

13-15-202. Disclosure statements. (1) An applicant for a proof of disclosure receipt under Subsection 13-15-201(1) shall include the following in a disclosure statement: (a) the name, address, and principal place of business of: (i) the applicant; and (ii) each parent, affiliate,…

13-15-203. Disclosure statement furnished to purchaser -- Additional nondeceptive information permitted. (1) A seller shall provide the disclosure statement described under Section 13-15-202 to a prospective purchaser at least 10 business days before the day on which the earlier …

13-15-301. Administration and enforcement -- Powers -- Legal counsel -- Fees. (1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection. (2)(a) In addition to the division's enforcement powers under …

13-15-302. Private right of action. (1) A purchaser may bring an action in a court of competent jurisdiction against a seller who does not comply with this chapter. (2) If a court of competent jurisdiction finds that a seller violated this chapter, a purchaser who brings an actio…

13-15-303. Denial, suspension, or revocation of proof of disclosure receipt or proof of notice receipt. In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to de…

13-19-1. Definition. As used in this section, "shopping cart retrieval business" means the business of searching for, gathering, and restoring possession to the merchant or owner, for compensation or in expectation of compensation, of shopping carts located outside the premises o…

13-19-2. Written authorization required. Every person who engages in the shopping cart retrieval business shall retain records, showing written authorization from the merchant or owner to retrieve the carts and to be in possession of those carts retrieved, and shall maintain a co…

13-19-3. Violation an infraction. Notwithstanding the penalty provisions of Title 76, Chapter 6, Part 6, Retail Theft, a violation of this chapter is an infraction.

13-19-4. Exemption. Exempted under this act are nonprofit charitable organizations.

13-20-1. Short title. This chapter is known as the "New Motor Vehicles Warranties Act."

13-20-2. Definitions. As used in this chapter: (1) "Consumer" means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Secti…

13-20-3. Nonconforming motor vehicles -- Repairs. If a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the express warranties or during …

13-20-4. Nonconforming motor vehicles -- Replacement -- Refund -- Criteria -- Defenses. (1) If the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition that s…

13-20-5. Reasonable number of attempts to conform. (1) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if: (a) the same nonconformity has been subject to repair four or more times by the man…

13-20-6. Enforcement -- Limited liability of dealer -- No limit on other rights or remedies. (1) The Division of Consumer Protection shall, or a consumer may, enforce the rights created under this chapter. An action may be commenced by a consumer only after the claim has been inv…

13-20-7. Use of dispute settlement procedure. If a manufacturer has established an informal dispute settlement procedure which complies with Title 16, Code of Federal Regulations, Part 703, then Section 13-20-4 concerning refunds or replacement does not apply to any consumer who …

13-20-8. Mediation concerning nonconformity in recreational vehicle trailer. (1) An owner who purchases a new recreational vehicle trailer and the manufacturer of the recreational vehicle trailer shall engage in mediation concerning resolution of a nonconformity in the recreation…

13-21-101. Definitions -- Exemptions. As used in this chapter: (1) "Buyer" means an individual who is solicited to purchase or who purchases the services of a credit services organization. (2) "Credit report" means a written, oral, or other communication of information by a consu…

13-21-102. Credit services organizations -- Prohibitions. (1) A credit services organization, the credit services organization's salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may n…

13-21-103. Registration and suspension of registration. (1) A credit services organization shall file an application for registration with the division before engaging in any activity regulated by this chapter. (2) The credit services organization shall include in the application…

13-21-104. Surety bond or certificate of deposit -- Not required of agent if obtained by organization. (1) If a credit services organization obtains a surety bond or certificate of deposit as described in Subsection 13-21-102(1), a salesperson, agent, or representative who sells …

13-21-105. Written information statement required. (1) Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs fir…

13-21-106. Contents of statement. The information statement required under Section 13-21-105 shall include all of the following: (1) a complete and accurate statement of the buyer's right to review any file on the buyer a credit reporting agency maintains, as provided under 15 U.…

13-21-107. Written contracts required -- Contents -- Notice of cancellation of contract. (1) A contract between the buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, signed by the buyer, and i…

13-21-108. Required disclosures. When a credit services organization provides a credit report to a buyer, the credit services organization shall provide to the buyer a written disclosure that identifies: (1) the credit reporting agency providing the information in the report; (2)…