US Lawyer Database

§ 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 […]

§ 23-112-1018. 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 […]

§ 23-112-1011. Renewal of dealer agreement

In a renewal of a dealer agreement, the manufacturer shall not impose on the dealer stocking requirements or retail sales targets that are inconsistent with market growth or contraction in the area of sales responsibility of the dealer.

§ 23-112-1012. Termination, cancellation, or nonrenewal of dealer agreement

(a) (1) A manufacturer or distributor, directly or through any authorized officer, agent, or employee, may terminate, cancel, or fail to renew a dealer agreement with or without good cause. (2) If the manufacturer or distributor terminates, cancels, or fails to renew the dealer agreement without good cause, the manufacturer or distributor shall comply with […]

§ 23-112-1013. Repurchase of inventory

If the dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without good cause under § 23-112-1011 or by the dealer for good cause as defined in § 23-112-1011 and the manufacturer fails to cure the claimed deficiencies under § 23-112-1011, the manufacturer, at the election of the dealer and within […]