TITLE 49

MOTOR VEHICLES

CHAPTER 16

DEALERS AND SALESMEN LICENSING

49-1630.  Purchaser plaintiff to recover costs and attorney’s fees. In any suit brought by the purchaser of a vehicle against the seller of that vehicle, the purchaser shall be entitled to recover his court costs and a reasonable attorney’s fee fixed by the court, if:

(1)  The suit or claim is based substantially upon the purchaser’s allegation that the odometer on the vehicle has been tampered with or replaced contrary to this chapter; and

(2)  It is found in the suit that the seller of the vehicle or any of his employees or agents knew or had reason to know that the odometer on the vehicle had been tampered with or replaced, and failed to disclose that knowledge to the purchaser prior to the time of sale.

History:

[49-1630, added 1988, ch. 265, sec. 403, p. 787.]