407.546. Civil damages for odometer violations--venue.
Civil damages for odometer violations--venue.
407.546. 1. Any person who, with intent to defraud,violates any of the provisions of sections 407.511 to 407.556shall be liable in civil damages to the purchaser or owner ofthe motor vehicle in an amount equal to three times the amountof actual damages sustained or two thousand five hundreddollars, whichever is the greater, and, in the case of anysuccessful action to enforce the liability created by thissection, the costs of the action together with reasonableattorney fees as determined by the court.
2. An action to enforce any liability created by subsection1 of this section may be brought in the circuit court where thedefendant resides or may be found or where the transfer of theownership of the motor vehicle occurred, within two years fromthe date on which the liability arises.
3. Nothing contained in this section shall authorize acause of action or damages against the seller of a motorvehicle, the odometer of which has been altered or tampered withby a previous owner, unless the seller knew or should have knownof this alteration or tampering.
(L. 1983 S.B. 9, A.L. 1986 H.B. 1153, A.L. 1988 H.B. 1581)Effective 7-1-89