§481J-7  Civil and administrative
actions for violations.  (a)  A consumer of a used motor vehicle
shall have a private right of action against a dealer to enforce this chapter
and recover costs, including reasonable attorney's fees, incurred in the civil
action.



(b)  It shall be an affirmative defense to any
claim under this section that:



(1)  The alleged malfunction or defect does not
substantially impair the use or safety of the used motor vehicle;



(2)  The alleged malfunction or defect is the result of
abuse, neglect, or unreasonable modifications or alterations of the used motor
vehicle; or



(3)  The alleged malfunction or defect was covered or
warranted under an express warranty issued by the manufacturer of the used
motor vehicle, and that such warranty issued by the manufacturer of the used
motor vehicle was in effect during the warranty period established by this
chapter.



(c)  Any private civil action brought pursuant
to this section shall be commenced within one year of the date of original
delivery of the used motor vehicle to the consumer.



(d)  Nothing in this chapter shall in any way
limit the rights or remedies which are otherwise available to a consumer under
any other law.



(e)  A dealer's failure to comply with any of
the provisions of this chapter may result in disciplinary action pursuant to
chapter 437, which may result in sanctions, including but not limited to
suspension or revocation of license, and the imposition of fines or
restitution. [L 1994, c 224, pt of §1; am L 2008, c 19, §26]