US Lawyer Database

§ 23-112-1018. Prohibited activity of manufacturer or distributor — Coercion

(a) A manufacturer or distributor shall not coerce or attempt to coerce a dealer to: (1) Purchase a product that the dealer did not order; (2) Enter into an agreement with the manufacturer or distributor; or (3) Enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive […]

§ 23-112-1019. License — Denial, revocation, and suspension

(a) For any of the following reasons, the Arkansas Motor Vehicle Commission may deny an application for a license required by this subchapter or revoke or suspend a license after it has been granted: (1) (A) Selling or soliciting sales of a recreational vehicle without a license issued by the commission. (B) The unlawful sale […]

§ 23-112-1021. Enforcement

(a) The Arkansas Motor Vehicle Commission may enter orders that direct compliance with this subchapter and rules under this subchapter if any of the following conditions have been met: (1) The commission has conducted a hearing within sixty (60) days on the matter; (2) The commission has made written findings that the public interest and […]

§ 23-112-1022. Civil action and mediation

(a) (1) A dealer, manufacturer, distributor, or warrantor injured by another party’s violation of this subchapter may bring a civil action in circuit court to recover actual damages. (2) The court shall award attorney’s fees and costs to the prevailing party in such an action. (b) (1) Venue for a civil action under this section […]

§ 23-112-1023. Injunction

(a) In addition to any remedy provided in this subchapter or otherwise available by law, a manufacturer, distributor, warrantor, or a dealer may apply to a court of competent jurisdiction for the issuance, upon a hearing and for cause shown, of a temporary or permanent injunction or other equitable relief restraining a person from doing […]

§ 23-112-1017. Damage to recreational vehicles before arrival at dealership

(a) All the following apply if a new recreational vehicle is damaged before transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor: (1) The dealer shall notify the manufacturer or distributor of the damage within the time […]

§ 23-112-1002. Legislative findings

The General Assembly finds that: (1) The distribution and sale of recreational vehicles vitally affects the general economy, the public interest, and the public welfare; and (2) It is necessary, in the exercise of the General Assembly’s police power, to regulate and to license recreational vehicle manufacturers, factory branches and divisions, distributors, distributor branches and […]

§ 23-112-1003. Definitions

As used in this subchapter: (1) “Area of sales responsibility” means the geographical area agreed to by the dealer and the manufacturer or distributor in a dealer agreement where the dealer has the exclusive right to display or sell the manufacturer or distributor’s new recreational vehicles of a particular line-make to the retail public; (2) […]

§ 23-112-1004. License requirements and application fees

(a) The following acts are unlawful: (1) The violation of any of the provisions of this subchapter; (2) Engaging in the business as, serving in the capacity of, or acting as a new recreational vehicle dealer, recreational vehicle salesperson, recreational vehicle manufacturer, recreational vehicle distributor, recreational vehicle factory representative, or recreational vehicle manufacturer representative in […]