(a) Any person who, with intent to defraud, violates any requirement imposed under this Article shall be liable in an amount equal to the sum of:
(1) Three times the amount of actual damages sustained or one thousand five hundred dollars ($1,500), whichever is the greater; and
(2) In the case of any successful action to enforce the foregoing liability, the costs of the action together with reasonable attorney fees as determined by the court.
(b) An action to enforce any liability created under subsection (a) of this section may be brought in any court of the trial division of the General Court of Justice of the State of North Carolina within four years from the date on which the liability arises. (1973, c. 679, s. 1; 1981 (Reg. Sess., 1982), c. 1280, s. 1.)
Notes of Decisions
Bowman v. Alan Vester Ford Lincoln Mercury, 566 S.E.2d 818 (N.C. Ct. App. 2002).
· cites it 18× “Civil liability is governed by N.C. Gen. Stat. § 20-348 (2001), which provides in relevant part as follows: Any person who, with intent to defraud, violates any requirement imposed under this Article shall be liable in an amount equal to the sum of: (1) Three times the amount of…”
Blankenship v. Town & Country Ford, Inc., 574 S.E.2d 132 (N.C. Ct. App. 2002).
· cites it 12× “§ 75-16 (2001) and N.C. Gen. Stat. § 20-348 (a)(1) (2001). The total amount of the judgment was $51,891, plus $3,930 in attorney fees.”
Blankenship v. Town & Country Ford, Inc., 622 S.E.2d 638 (N.C. Ct. App. 2005).
· cites it 12× “1 ; and that defendant’s failure to disclose was committed with “intent to defraud,” thus giving rise to a claim under N.C. Gen. Stat. § 20-348 (a). Defendant failed to respond to plaintiffs’ complaint and default judgment was entered on 6 August 2001, for $55,281, which…”
Huff v. Autos Unlimited, Inc., 477 S.E.2d 86 (N.C. Ct. App. 1996).
· cites it 3× “The trial court, sitting without a jury, found violations of G.S. 20-348 and N.C. Gen. Stat. Chapter 75 (“Chapter 75”).”
Payne v. Parks Chevrolet, Inc., 458 S.E.2d 716 (N.C. Ct. App. 1995).
· cites it 5× “Failure to disclose any of the above information will also result in civil liability under G.S. 20-348. The Commissioner may prepare forms to carry out the provisions of this section.”
Wilson v. Sutton, 476 S.E.2d 467 (N.C. Ct. App. 1996).
“Failure to disclose any of the above information will also result in civil liability under G.S. 20-348. In order to establish a prima facie case under G.”
Levine v. Parks Chevrolet, Inc., 331 S.E.2d 747 (N.C. Ct. App. 1985).
“G.S. 20-348 provides: (a) Any person who, with intent to defraud, violates any requirement imposed under this Article shall be liable in an amount equal to the sum of: (1) Three times the amount of actual damages sustained or one thousand five hundred dollars ($1,500), whichever…”
Roberts v. Buffaloe, 258 S.E.2d 861 (N.C. Ct. App. 1979).
· cites it 2× “G.S. 20-348. The liability imposed is an amount equal to the sum of: “(1) Three times the amount of actual damages sustained or one thousand five hundred dollars ($1,500), whichever is the greater; and (2) In the case of any successful action to enforce the foregoing liability,…”
Downey v. Martin, 677 S.E.2d 15 (N.C. Ct. App. 2009).
· cites it 12× “Civil liability is governed by N.C. Gen. Stat. § 20-348 ." Bowman v. Alan Vester Ford Lincoln Mercury , 151 N.”
Faw v. Hoover, 609 S.E.2d 497 (N.C. Ct. App. 2005).
· cites it 6× “On 6 June 2003, plaintiff filed suit against defendant seeking damages under: (1) N.C. Gen. Stat. § 20-348 (2003) for defendant's failure to disclose that the vehicle was a salvage motor vehicle as required by N.”
Ferris v. Haymore, 967 F.2d 946 (1992).
· cites it 2× “See N.C.Gen. Stat. § 20-348(a) (“any person who, with intent to defraud, violates .”
— N.C. Gen. Stat. § 20-348(a) — 4 cases
Bowman v. Alan Vester Ford Lincoln Mercury, 566 S.E.2d 818 (N.C. Ct. App. 2002).
“Civil liability is governed by N.C. Gen. Stat. § 20-348 (2001), which provides in relevant part as follows: Any person who, with intent to defraud, violates any requirement imposed under this Article shall be liable in an amount equal to the sum of: (1) Three times the amount of…”
Payne v. Parks Chevrolet, Inc., 458 S.E.2d 716 (N.C. Ct. App. 1995).
“Failure to disclose any of the above information will also result in civil liability under G.S. 20-348. The Commissioner may prepare forms to carry out the provisions of this section.”
Downey v. Martin, 677 S.E.2d 15 (N.C. Ct. App. 2009).
“Civil liability is governed by N.C. Gen. Stat. § 20-348 ." Bowman v. Alan Vester Ford Lincoln Mercury , 151 N.”
Ferris v. Haymore, 967 F.2d 946 (1992).
“See N.C.Gen. Stat. § 20-348(a) (“any person who, with intent to defraud, violates .”
— N.C. Gen. Stat. § 20-348(a)(2) — 1 case
Ferris v. Haymore, 967 F.2d 946 (1992).
“See N.C.Gen. Stat. § 20-348(a) (“any person who, with intent to defraud, violates .”
— N.C. Gen. Stat. § 20-348(a)(l) — 1 case
Roberts v. Buffaloe, 258 S.E.2d 861 (N.C. Ct. App. 1979).
“G.S. 20-348. The liability imposed is an amount equal to the sum of: “(1) Three times the amount of actual damages sustained or one thousand five hundred dollars ($1,500), whichever is the greater; and (2) In the case of any successful action to enforce the foregoing liability,…”
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