2018 Utah Code
Title 41 - Motor Vehicles
Chapter 3 - Motor Vehicle Business Regulation Act
Part 4 - Disclosure Requirements
Section 404 - Right of action against dealer, salesperson, crusher, body shop, or surety on bond.

Universal Citation: UT Code § 41-3-404 (2018)
41-3-404. Right of action against dealer, salesperson, crusher, body shop, or surety on bond.
  • (1) A person may maintain an action against a dealer, crusher, or body shop on the corporate surety bond if:
    • (a) the person suffers a loss or damage because of:
      • (i) fraud;
      • (ii) fraudulent representation; or
      • (iii) a violation of Section 41-3-210; and
    • (b) the loss or damage results from the action of:
      • (i) a licensed dealer;
      • (ii) a licensed dealer's salesperson acting on behalf of the dealer or within the scope of the salesperson's employment;
      • (iii) a licensed crusher; or
      • (iv) a body shop.
  • (2) Successive recovery against a surety on a bond is permitted, but the total aggregate liability on the bond to all persons making claims, regardless of the number of claimants or the number of years a bond remains in force, may not exceed the amount of the bond.
  • (3) A cause of action may not be maintained against any surety under any bond required under this chapter except as provided in Section 41-3-205.


Amended by Chapter 239, 1999 General Session
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