(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; (viii) advertising violation; (ix) failing to separately identify the fees required by Title 41, Chapter 1a, Motor Vehicle Act; (x) encouraging or conspiring with unlicensed persons to solicit for prospective purchasers; (xi) selling, offering for sale, or displaying for sale or exchange a vehicle, vessel, or outboard motor in violation of Section 41-1a-705; or (xii) a violation of Subsection 41-3-211(1)(d). (2) (a) 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.
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