Ark. Code Ann. » Title 23 Chapter 112
Arkansas Code Annotated

Ark. Code Ann. § 23-112-105 (2026)

Civil damages

✓ current as of May 2026
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  1. A licensee suffering pecuniary loss because of any willful failure by any other licensee to comply with this chapter, other than a new automobile or truck dealer's failure to comply with § 23-112-301(d)(1) and (2) or with any rule promulgated by the Arkansas Motor Vehicle Commission under authority vested in it by this chapter, may recover reasonable damages and attorney's fees therefor in any court of competent jurisdiction.
  2. If a motor vehicle dealer prevails in an action against a manufacturer, distributor, second-stage manufacturer, importer, converter, manufacturer branch or division, or distributor branch or division under any provision of this chapter, the motor vehicle dealer shall also have a cause of action against the manufacturer, distributor, second-stage manufacturer, importer, converter, manufacturer branch or division, or distributor branch or division for attorney's fees, if none have been awarded in an earlier administrative hearing.

History. Acts 1975, No. 388, § 9; A.S.A. 1947, § 75-2309; Acts 1989, No. 678, § 3; 2011, No. 1005, § 4; 2013, No. 1043, § 3; 2019, No. 315, § 2827.

Amendments. The 2011 amendment added the (a) designation; deleted “any provision of” following “comply with” in (a); and added (b).

The 2013 amendment deleted “Except as provided under subdivision (b)(2) of this section” in (b) and deleted (b)(2).

The 2019 amendment deleted “or regulation” following “rule” in (a).

Notes of Decisions
Cited in 2 cases, 2004–2004 · leading case: Reeder-Simco Gmc, Inc. v. Volvo Gm Heavy Truck Corp., Now Known as Volvo Trucks North Am., Inc., 374 F.3d 701 (8th Cir. 2004).
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Reeder-Simco Gmc, Inc. v. Volvo Gm Heavy Truck Corp., Now Known as Volvo Trucks North Am., Inc., 374 F.3d 701 (8th Cir. 2004). “See Ark.Code Ann. § 23-112-105. Likewise, the AFPA provides a civil remedy for franchisees harmed by franchisors acting in a commercially unreasonable *717 manner.”
Reeder-Simco GMC v. Volvo GM Heavy Truck (8th Cir. 2004). “See Ark. Code Ann. § 23-112-105 . Likewise, the AFPA provides a civil remedy for franchisees harmed by franchisors acting in a commercially unreasonable manner.”
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