Private cause of action

(1) Any owner who is not a manufacturer, dealer, motor vehicle auction, or consignor to a motor vehicle auction not licensed under Section 41-3-201 and who violates Section 41-1a-1005.3 is liable to the purchaser for: (a) actual damages if the purchaser elects to retain the salvage vehicle, or the value of the consideration paid for the salvage vehicle if the purchaser elects rescission; (b) the costs of the action and reasonable attorney fees; (c) up to three times the value of the actual damages or the consideration as exemplary damages; and (d) other equitable relief, including rescission and restitution, the court determines to be proper in addition to damages and costs. (2) Actual damages include: (a) the difference between the actual market value of the salvage vehicle or nonconforming vehicle at the time of purchase and the contract price; (b) towing; (c) repair; (d) storage expenses; (e) rental of substitute transportation; (f) food and lodging expenses; (g) lost wages; (h) finance charges; (i) sales or use tax; (j) other governmental fees; (k) lease charges; and (l) other incidental and consequential damages. (3) The remedies provided in this section are not exclusive but are in addition to any other remedies provided by law.