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8-20-9
Section 8-20-9 Transportation damages. (a) Notwithstanding the terms, provisions, or conditions
of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to
new motor vehicles occurring after acceptance of the new motor vehicle from the carrier and
before delivery to the ultimate purchaser. (b) Notwithstanding the terms, provisions, or conditions
of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles
occurring before delivery to a carrier or transporter. If a new motor vehicle dealer determines
the method of transportation, the risk of loss passes to the dealer upon delivery of the vehicle
to the carrier. In every other instance, the risk of loss remains with the manufacturer until
such time as the new motor vehicle dealer or his designee accepts the vehicle from the carrier.
(c) With respect to new or used vehicles sold or otherwise transferred by the manufacturer
to a new motor vehicle dealer, the manufacturer shall...
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40-12-264
Section 40-12-264 Time limit for purchase of tags or plates; dealer plates; manufacturer plates.
(a) Any person, including a motor vehicle dealer, acquiring a new or used motor vehicle may
be granted a grace period of 20 calendar days from date of acquisition to procure a license
tag or plate. (b) Notwithstanding Section 32-6-65, a new or used motor vehicle dealer who
has a current regulatory license required under this article and a dealer license as required
by Section 40-12-51 or Section 40-12-169 may purchase dealer license plates from the department
upon presentation of the current licenses and payment of the fee for a private passenger automobile
as provided in subdivision (1) of subsection (a) of Section 40-12-242 and subsection (a) of
Section 40-12-273 per dealer plate. An additional two dollar ($2) issuance fee shall also
be collected by the department. A new or used motor vehicle dealer that has a current regulatory
license required under this article and a dealer license as...
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8-20A-5
Section 8-20A-5 No dealership liability. Nothing in this chapter imposes any liability upon
a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against
a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may
not be made a party defendant in any action involving or relating to this chapter. The manufacturer
shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer
for any costs, including, but not limited to, any refunds or vehicle replacements, incurred
by the manufacturer arising out of this chapter. (Acts 1990, No. 90-479, p. 701, §5.)...
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8-20-8
Section 8-20-8 Warranty obligations of manufacturers and dealers to consumers. Every manufacturer
and new motor vehicle dealer shall fulfill the terms of any express or implied warranty concerning
the sale of a new motor vehicle to the public of the line make which is the subject of a contract
or franchise agreement between the parties. If it is determined by a court of competent jurisdiction
that either the manufacturer or new motor vehicle dealer, or both, have violated an express
or implied warranty, the court shall add to any award or relief granted an additional award
for reasonable attorney's fees. (Acts 1981, No. 81-390, p. 596, §8.)...
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8-21C-6
Section 8-21C-6 Change of dealer ownership. (a) If a dealer desires to make a change in ownership
by the sale of the business assets, a stock transfer, or otherwise, the dealer shall give
the manufacturer or distributor written notice at least 15 business days before the closing,
including all supporting documentation as may be reasonably required by the manufacturer or
distributor to determine if an objection to the sale may be made. In the absence of a breach
by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor
may not object to the proposed change in ownership unless any of the following circumstances
is present: (1) The prospective transferee has previously been terminated by the manufacturer
or distributor for breach of its dealer agreement. (2) The prospective transferee has been
convicted of a felony or any crime of fraud, deceit, or moral turpitude. (3) The prospective
transferee lacks any license required by law. (4) The prospective...
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40-12-395
Section 40-12-395 License - Supplemental licenses; off-site sales. (a) A person licensed under
this article shall obtain a supplemental license for each additional place of business, in
a manner as prescribed by the commissioner and upon payment of an additional application fee
of five dollars ($5) for each additional location. The signage and other requirements of Section
40-12-392 shall apply to each additional place of business. Only one licensed dealer shall
operate at the same place of business. (b) Notwithstanding the requirement that sales of new
and used motor vehicles shall be made only from the permanent location of the new or used
motor vehicle dealer, such dealers may conduct sales of new and used motor vehicles from locations
off-site of their permanent locations on the following conditions: (1) The off-site sales
events shall not exceed three per dealer per license year with each sale not to exceed 10
consecutive calendar days in duration. Off-site sales of new motor...
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16-13B-1
Section 16-13B-1 Applicability; local preference zone; joint agreement; bid bond. (a) This
chapter shall apply to county boards of education and city boards of education, or any combination
of city and county boards of education as herein provided for the competitive bidding of certain
contracts. With the exception of contracts for public works whose competitive bidding requirements
are governed exclusively by Title 39, all expenditure of funds of whatever nature for labor,
services, work, or for the purchase of materials, equipment, supplies, or other personal property
involving fifteen thousand dollars ($15,000) or more, and the lease of materials, equipment,
supplies, or other personal property where the lessee is, or becomes legally and contractually,
bound under the terms of the lease, to pay a total amount of fifteen thousand dollars ($15,000)
or more, made by or on behalf of any city or county board of education, except as hereinafter
provided, shall be made under contractual...
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35-8A-401
Section 35-8A-401 Applicability; waiver. (a) This article applies to all units subject to this
chapter, except as provided in subsection (b) or as modified or waived in writing by agreement
of purchasers of units in a condominium in which all units are restricted to nonresidential
use. (b) Neither an offering statement nor a resale certificate need be prepared or delivered
in the case of: (1) A gratuitous disposition of a unit; (2) A transfer pursuant to court order;
(3) A disposition by a government or governmental agency; (4) A transfer by foreclosure or
disposition by deed in lieu of foreclosure; (5) A disposition to a person in the business
of selling real estate who intends to offer those units to purchasers where the responsibility
for preparing and delivering the offering statement has been transferred to the person pursuant
to subsection (b) of Section 35-8A-402; (6) A disposition that may be canceled at any time
and for any reason by the purchaser without penalty; or (7) A...
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8-21C-10
Section 8-21C-10 Coercion prohibited. (a) A manufacturer or distributor may not coerce or attempt
to coerce a dealer to do any of the following: (1) Purchase a product that the dealer did
not order. (2) Enter into an agreement with the manufacturer or distributor. (3) Enter into
an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise
waive rights or responsibilities provided under this chapter. (b) As used in this section,
the term coerce includes, but is not limited to, threatening to terminate, cancel, or not
renew a manufacturer and dealer agreement without good cause or threatening to withhold product
lines the dealer is entitled to purchase pursuant to the manufacturer and dealer agreement
or delay product delivery as an inducement to amending the manufacturer and dealer agreement.
(Act 2011-636, p. 1529, §10.)...
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32-8-60
Section 32-8-60 Excepted liens and security interests. This chapter does not apply to or affect
any of the following: (1) A lien given by statute or rule of law to a supplier of services
or materials for the vehicle. (2) A lien given by statute to the United States, this state,
or any political subdivision of this state. (3) A security interest in a vehicle created by
a manufacturer or dealer who holds the vehicle for sale, but a buyer in the ordinary course
of trade from the manufacturer or dealer takes title free of the security interest. (4) A
lien on a utility trailer exempted under this chapter when the lien was created or established
on or after January 1, 2004. (5) A lien on a manufactured home exempted under this chapter
when the lien was created or established on or after January 1, 2010. (Acts 1973, No. 765,
p. 1147, §18; Act 2003-345, p. 870, §1; Act 2009-746, p. 2236, §2.)...
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