Motor and Other Vehicles

CHAPTER 31-5.4
Consumer Enforcement of Used Motor Vehicle Warranties

SECTION 31-5.4-5

§ 31-5.4-5. Arbitration and enforcement.

(a) If a dealer has established or participates in an informal dispute settlement procedure which complies in all respects with the provisions of 16 CFR Part 703 the provisions of this chapter concerning refunds or replacement shall not apply to any consumer who has not first resorted to that procedure.

(b) In no event shall a consumer who has resorted to an informal dispute settlement procedure be precluded from seeking the rights or remedies available by law.

(c) In an action brought to enforce the provisions of this chapter, the court may award reasonable attorneys' fees to a prevailing plaintiff.

(d) Any action brought pursuant to this chapter shall be commenced within four (4) years of the date of original delivery of the used motor vehicle to the consumer.

History of Section.
(P.L. 1985, ch. 342, § 1.)