Idaho State Statutes - Idaho Attorney Directory

(1) If any person
shall suffer any loss or damage by reason of any fraud practiced on him or
fraudulent representation made to him by a licensed dealer or one (1) of the
dealer's salesmen acting for the dealer, in his behalf or within the scope of
the employment of salesman, or shall suffer any loss or damage by reason of
the violation by the dealer or salesman of any of the provisions of this
chapter, or chapter 5, title 49, Idaho Code, or section 49-1418, Idaho Code,
or chapter 6, title 48, Idaho Code, or any applicable rule or regulation of
the board, or federal odometer law or regulation, that person shall have a
right of action against the dealer and his salesman.
(2) Notwithstanding the terms, provisions or conditions of any agreement
or franchise, or other terms or provisions of any novation, waiver or other
written instrument, any person who is or may be injured by a violation of a
provision of this chapter, or any party to a franchise who is so injured in
his business or property by a violation of a provision of this chapter
relating to that franchise, or any person so injured because he refuses to
accede to a proposal for an arrangement which, if consummated, would be in
violation of the provisions of this chapter, may bring an action for damages
and equitable relief, including injunctive relief.
(3) A license or a renewal shall not be issued to any applicant unless
and until the applicant shall file with the director a good and sufficient
instrument in writing in which he shall appoint the director as the true and
lawful agent of the applicant upon whom all process may be served in any
action or actions which may subsequently be commenced against the applicant
arising out of any claim for damages suffered by any person by reason of the
violation of the applicant of any of the terms and provisions of this chapter
or provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48,
Idaho Code, or of federal motor vehicle safety standards, or federal odometer
laws and regulations. The applicant shall stipulate and agree in the
appointment that any process directed to the applicant in such a case which is
served upon the director, or in his absence his designee, shall be of the same
legal force and effect as if served upon the applicant personally. The
applicant shall further stipulate and agree in writing that the agency created
by the appointment shall continue for and during the period covered by any
license that may be issued and so long thereafter as the applicant may be made
to answer in damages for a violation of the provisions of this chapter. The
instrument appointing the director as agent for the applicant for service of
process shall be acknowledged by the applicant before an officer authorized to
take and certify acknowledgments under the laws of this state. In any case
wherein the licensee be served with process by service upon the director, two
(2) copies of the process shall be left with the director. Not later than two
(2) days after the service of the process upon him, the director shall mail
one (1) copy to the licensee at his principal place of business, as the same
appears of record in the office of the director, postpaid, by certified mail
with request for return receipt. The remaining copy shall be retained on file
with the director. The licensee shall then have and be allowed thirty (30)
days from and after the service within which to answer any complaint or other
pleading which may be filed in the cause. For the purpose of venue where the
licensee is served with process upon the director, the service shall be deemed
to have been made upon the licensee in the county in which he has or last had
his principal place of business.
(4) Whenever any person is awarded a final judgment in a court of
competent jurisdiction in the state of Idaho for any loss or damage by reason
of the violation by such dealer or salesman of any of the provisions of this
chapter, chapter 5, title 49, section 49-1418, or chapter 6, title 48, Idaho
Code, or any rule or regulation of the department in connection with the
purchase of a vehicle, or federal motor vehicle safety standards, or in
connection with the purchase of a vehicle if the loss or damage is a result of
odometer tampering, or odometer fraud, the judgment creditor may file a
verified claim with the corporate surety who has provided the dealer's surety
bond, or with the chairman of the dealer advisory board where the dealer has
deposited with the director a cash bond or certificate of deposit.
(a) The claim shall be filed no sooner than thirty (30) days and no later
than one (1) year after the judgment has become final.
(b) The claim shall:
1. Be accompanied by a certified copy of the judgment;
2. State the amount of the claim if different from the judgment
amount; and
3. State that demand has been made upon the dealer for payment of
the judgment, and the dealer has failed to pay the judgment in full
within thirty (30) days.
(5) Where a dealer has satisfied the bonding requirement with cash or a
certificate of deposit, the chairman shall make written notification to the
dealer against whom the judgment was obtained, that a claim has been made. The
dealer may, within ten (10) days from the date of receipt of the notice,
submit written objections to the dealer advisory board as to why the judgment
should not be satisfied from the cash deposit or certificate of deposit.
(6) Within sixty (60) days from the date the claim was filed with the
dealer advisory board, if it has found the claimant complied with the
provisions of subsection (4) of this section, the board shall authorize the
director to satisfy the judgment from the dealer's deposited funds in so far
as he is able. Upon receipt of any payment, the claimant shall deliver a
properly executed satisfaction of judgment or a partial satisfaction of
judgment to the director. If additional claims have been filed prior to
payment, or the chairman of the dealer advisory board has knowledge that
additional claims are pending which may exceed the amount of the bond, the
chairman may delay any payments until all claims are finalized. If the claims
exceed the amount of the bond, the deposited funds shall be prorated among the
claimants based on the amount of their judgments.
(7) A judgment against a dealer or salesman for violation of the
provisions of this chapter, rules and regulations of the department, the
provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48,
Idaho Code, the federal motor vehicle safety standards or odometer fraud,
shall be grounds for revocation of the dealer and the salesman's licenses.
(8) The Idaho transportation board is authorized to promulgate reasonable
rules and regulations not inconsistent with this chapter for the purpose of
carrying out the provisions of section 49-1610, Idaho Code [this section].
(9) Should a dealer's license be revoked, voluntarily surrendered or not
renewed, leaving funds on deposit with the department, those funds shall be
refunded within thirty (30) days after the expiration of a five (5) year
period from the date of revocation, surrender, or nonrenewal of the license
unless the dealer advisory board has been notified in writing that a claim or
cause of action is pending. In that case, the refund, if any, will be made
upon the resolution of the claim or claims. In no case shall the dealer
advisory board, the department, the state of Idaho, or any of their employees
or agents be liable to any claimant for any amounts other than the funds
deposited by the dealer.

Click here to visit the Official Idaho State Statutes