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O.C.G.A. § 10-1-41 — Actions brought by persons suffering damage against person inducing unlawful sublease of motor vehicle; remedies | Georgia Code
O.C.G.A. § 10-1-41 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 2 MOTOR VEHICLE SALES FINANCING

10-1-41. Actions brought by persons suffering damage against person inducing unlawful sublease of motor vehicle; remedies.

  1. Any one or more of the following persons may suffer damage as a result of a violation of subsection (a) or (b) of Code Section 10-1-40:
    1. The holder of a retail installment contract;
    2. The lessor of a motor vehicle under a motor vehicle lease contract;
    3. The buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a motor vehicle lease contract;
    4. The sublessee of the subject motor vehicle when such sublessee did not know and could not reasonably be expected to have known that the sublease of the motor vehicle was induced in violation of subsection (a) or (b) of Code Section 10-1-40.
  2. A person who suffers damage as described in subsection (a) of this Code section may bring an action against the person who induced the sublease of the subject motor vehicle in violation of subsection (a) or (b) of Code Section 10-1-40. The person who suffers damage may recover or obtain against the person who induced such sublease any of the following:
    1. Actual damages;
    2. Equitable relief, including, but not limited to, an injunction or restitution of money and property;
    3. Punitive damages;
    4. Reasonable attorney's fees and costs; and
    5. Any other relief which the court deems proper.
  3. The rights and remedies provided for in this Code section are in addition to any other rights and remedies provided by law.

(Code 1981, §10-1-41, enacted by Ga. L. 1988, p. 861, § 1.)

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.