                                 CODE OF VIRGINIA

RECOVERY ON BOND (§ 46.2-1527.10)

With respect to a motor vehicle dealer electing continuous bonding under §
46.2-1527.9, whenever any person is awarded a final judgment in a court of
competent jurisdiction in the Commonwealth against the dealer for (i) any loss
or damage in connection with the purchase or lease of a motor vehicle by reason
of fraud practiced on him or fraudulent representation made to him by the dealer
or one of the dealer&#8217;s salespersons acting within the scope of his
employment, (ii) any loss or damage by reason of the violation by the dealer or
salesperson of any provision of this chapter in connection with the purchase or
lease of a motor vehicle, or (iii) any loss or damage resulting from a breach of
an extended service contract, as defined in § 59.1-435, entered into on or
after July 1, 2003, the judgment creditor shall have a claim against the dealer
bond for such damages as may be awarded such person in final judgment and unpaid
by the dealer, and may recover such unpaid damages up to but not exceeding the
maximum liability of the surety as set forth in § 46.2-1527.9 from the surety
who shall be subrogated to the rights of such person against the dealer or
salesperson. The liability of such surety shall be limited to actual damages and
attorney fees assessed against the dealer or salesperson as part of the
underlying judgment but this section does not authorize the award of attorney
fees in the underlying judgment. The liability of such surety shall not include
any sums representing interest or punitive damages assessed against the dealer
or salesperson.
		The dealer&#8217;s surety shall notify the Board when a claim is made against
a dealer&#8217;s bond, when a claim is paid, and when the bond is cancelled.
Such notification shall include the amount of claim and the circumstances
surrounding the claim. Notification of cancellation shall include the effective
date and reason for cancellation. The bond may be cancelled as to future
liability by the dealer&#8217;s surety upon 30 days&#8217; notice to the Board.

HISTORY: 2003, c. 331; 2015, cc. 615, 710.