The Utah Motor Vehicle Business Regulation Act governs car dealers. It sets strict rules for selling vehicles in Utah. Dealers who violate those rules face two kinds of penalties. The statute provides for civil penalties and criminal penalties. Sometimes, a single violation triggers both types of penalties. This article compares the two under Utah Code Title 41, Chapter 3.

Civil Penalties for Utah Car Dealers

Civil penalties usually involve monetary fines. The Utah Motor Vehicle Enforcement Division handles these civil issues. The law categorizes civil violations into three specific levels. Each level carries different fine amounts.

Level I Violations

Level I violations are the lowest tier of civil infractions. These include failing to display a business license. Issuing a temporary permit improperly is also a Level I offense. The fine is $25 for a first offense. A second offense costs $100. Third and subsequent offenses cost $250 each.

Level II Violations

Level II violations are more serious. These include failing to report a vehicle sale. Withholding customer license plates is a Level II violation. Selling a vehicle on consecutive weekend days is also prohibited. The first offense carries a $100 fine. A second offense raises the fine to $250. Third offenses cost $1,000 each.

Level III Violations

Level III violations are the highest tier of civil infractions. These include operating without a principal place of business. Selling vehicles from an unlicensed location is a Level III offense. Altering a temporary permit falls here too. A first offense costs $250. A second offense jumps to $1,000. Subsequent offenses cost $5,000 each.

Criminal Penalties: Misdemeanors

Criminal penalties are handled through the court system. They can result in fines and jail time. Most general violations of this chapter are class B misdemeanors.

However, some specific violations are elevated to class A misdemeanors. Acting as a dealer without a proper license is one example. Each additional vehicle sold without a license is a separate violation. Repeatedly failing to deliver titles can also be a class A misdemeanor. These carry heavier court fines and potential incarceration

Criminal Penalties: Felonies

Conduct involving intentional fraud or forgery can result in felony charges. Forging or counterfeiting any license or permit is a third-degree felony. Using a forged document is also a third-degree felony.

Utah law treats concealment of severe vehicle damage harshly. Intentionally concealing a branded title is a second-degree felony. This includes hiding a manufacturer buyback or salvage disclosure. Felony convictions can carry prison time and substantial fines.

Overlapping Penalties

Civil and criminal penalties are not mutually exclusive. A dealer can face both for the exact same action. The law explicitly states that civil penalties are in addition to criminal ones.

For example, knowingly selling an undisclosed salvage vehicle is a crime. It can trigger criminal prosecution under state law. It can also trigger a civil penalty. The civil award is at least $1,000 or treble the actual damages. The purchaser may also recover attorney fees.

Legal Help for Utah Car Buyers

A buyer harmed by a dealer violation has remedies under Utah law. Those remedies may include civil damages, treble damages, and attorney fees. Head Law represents Utah consumers in disputes with car dealerships. Contact Head Law to discuss a consumer case involving a motor vehicle dealer.