Section 407.546

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 01 Jul 1989, see footnote   

  407.546.  Civil damages for odometer violations — venue. — 1.  Any person who, with intent to defraud, violates any of the provisions of sections 407.511 to 407.556 shall be liable in civil damages to the purchaser or owner of the motor vehicle in an amount equal to three times the amount of actual damages sustained or two thousand five hundred dollars, whichever is the greater, and, in the case of any successful action to enforce the liability created by this section, the costs of the action together with reasonable attorney fees as determined by the court.

  2.  An action to enforce any liability created by subsection 1 of this section may be brought in the circuit court where the defendant resides or may be found or where the transfer of the ownership of the motor vehicle occurred, within two years from the date on which the liability arises.

  3.  Nothing contained in this section shall authorize a cause of action or damages against the seller of a motor vehicle, the odometer of which has been altered or tampered with by a previous owner, unless the seller knew or should have known of this alteration or tampering.

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(L. 1983 S.B. 9, A.L. 1986 H.B. 1153, A.L. 1988 H.B. 1581)

Effective 7-01-89