A. One or more of the following persons who suffer any damage proximately resulting from one or more acts of unlawful subleasing of a motor vehicle pursuant to section 13-3717 may bring an action against the person who has engaged in those acts:

Terms Used In Arizona Laws 12-632

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Buyer: means a person who buys or hires a motor vehicle under a retail installment contract. See Arizona Laws 12-631
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Direct loan agreement: means an agreement between a lender and a purchaser by which the lender has advanced monies pursuant to a loan secured by a motor vehicle which the purchaser has purchased. See Arizona Laws 12-631
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease contract: means a contract for or in contemplation of the lease for the use of a motor vehicle, and the purchase of services incidental to the lease, by a natural person for a term exceeding four months primarily for personal, family, household, business or commercial purposes, whether or not it is agreed that the lessee bears the risk of the motor vehicle's depreciation. See Arizona Laws 12-631
  • Lessee: includes a bailee and means a natural person who leases, offers to lease or is offered the lease of a motor vehicle under a lease contract. See Arizona Laws 12-631
  • Lessor: includes a bailor and means a person who is engaged in the business of leasing, offering to lease or arranging the lease of a motor vehicle under a lease contract. See Arizona Laws 12-631
  • Motor vehicle: means a motor vehicle which is required to be registered under Title 28, Chapter 7. See Arizona Laws 12-631
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Seller: means a person engaged in the business of selling or leasing motor vehicles under a retail installment contract. See Arizona Laws 12-631

1. A seller or any other secured party under a retail installment contract or a security agreement.

2. A lender under a direct loan agreement.

3. A lessor under a lease contract.

4. A buyer under a retail installment contract.

5. A purchaser under a direct loan agreement, an agreement which provides for a security interest or an agreement which is equivalent to these types of agreements.

6. A lessee under a lease contract.

7. An actual or purported transferee or assignee of any right or interest of a buyer, purchaser or lessee.

B. The court in an action under subsection A of this section may award actual damages, equitable relief, including an injunction and restitution of monies and property, punitive damages, reasonable attorney fees and costs, and any other relief which the court deems proper.

C. The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.

D. This section does not apply to the subleasing of a motor vehicle with a gross weight, as defined in section 28-5431, of more than ten thousand pounds.

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