Full text of Utah Utah Code § 41-3-702 — Civil penalty for violation., with citation guidance and answers to common questions.
§ 41-3-702. Civil penalty for violation.
Effective 7/1/2023 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:
(a)
Level I:
(i)
failing to display business license;
(ii)
failing to surrender license of salesperson because of termination, suspension, or revocation;
(iii)
failing to maintain a separation from nonrelated motor vehicle businesses at licensed locations;
(iv)
issuing a temporary permit improperly;
(v)
failing to maintain records;
(vi)
selling a new motor vehicle to a nonfranchised dealer or leasing company without licensing the motor vehicle;
(vii)
special plate violation;
(viii)
failing to maintain a sign at a principal place of business; or
(ix)
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.
(b)
Level II:
(i)
failing to report sale;
(ii)
dismantling without a permit;
(iii)
manufacturing without meeting construction or vehicle identification number standards;
(iv)
withholding customer license plates;
(v)
selling a motor vehicle on consecutive days of Saturday and Sunday; or
(vi)
failing to record and report the sale of a salvage vehicle at a motor vehicle auction as described in Section 41-3-201.
(c)
Level III:
(i)
operating without a principal place of business;
(ii)
selling a new motor vehicle as a dealer who is not a direct-sale manufacturer without holding the franchise;
(iii)
crushing a motor vehicle without proper evidence of ownership;
(iv)
selling from an unlicensed location;
(v)
altering a temporary permit;
(vi)
refusal to furnish copies of records;
(vii)
assisting an unlicensed dealer or salesperson in sales of motor vehicles;
The schedule of civil penalties for violations of Subsection (1) is:
(i)
Level I: $25 for the first offense, $100 for the second offense, and $250 for the third and subsequent offenses;
(ii)
Level II: $100 for the first offense, $250 for the second offense, and $1,000 for the third and subsequent offenses; and
(iii)
Level III: $250 for the first offense, $1,000 for the second offense, and $5,000 for the third and subsequent offenses.
(b)
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 41-1a-1001, 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-1008.
(4)
The civil penalty for a violation under Subsection (3) is:
(a)
not less than $1,000, or treble the actual damages caused by the person, whichever is greater; and
(b)
reasonable attorney fees and costs of the action.
(5)
A civil action may be maintained by a purchaser or by the administrator.
Section 41-3-702 ("Civil penalty for violation.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 41-3-702?
A common citation format is "Utah Code § 41-3-702" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 41-3-702 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
