13-14-205 - Liability for damages to motor vehicles in transit -- Disclosure required.
13-14-205. Liability for damages to motor vehicles in transit -- Disclosure required.
(1) (a) A franchisee is solely liable for damage to a new motor vehicle after delivery byand acceptance from the carrier.
(b) A delivery receipt or bill of lading, or similar document, signed by a franchisee isevidence of a franchisee's acceptance of a new motor vehicle.
(2) A franchisor is liable for all damage to a motor vehicle before delivery to andacceptance by the franchisee, including that time in which the vehicle is in the control of a carrieror transporter.
(3) (a) A franchisor shall disclose to the franchisee any repairs made prior to delivery,except a recreational vehicle franchisor shall disclose to a recreational vehicle franchisee anyrepair made to the vehicle prior to delivery only if:
(i) the cost of the repair exceeds 3% of the manufacturer's wholesale price, as measuredby retail repair costs; or
(ii) the repair is to the exterior sidewalls or roof of the vehicle, and repairs total over$500.
(b) Replacement of a recreational vehicle's glass, tires, wheels, audio equipment, in-dashcomponents, instrument panels, appliances, furniture, and components other than built-incabinetry contained in the vehicle's living quarters, is not considered a repair under this subsectionif the component replaced has been replaced with original manufacturers parts and materials.
(4) Notwithstanding Subsections (1), (2), and (3), the franchisee is liable for damage to anew motor vehicle after delivery to the carrier or transporter if the franchisee selected:
(a) the method and mode of transportation; and
(b) the carrier or transporter.
Amended by Chapter 162, 1997 General Session