Section 322A.5 – Warranties and recalls.
322A.5 Warranties and recalls. 1. Every franchiser and franchisee shall fulfill the terms of any express or implied warranty concerning the sale of a motor vehicle to the public of the line-make which is the subject of a contract or franchise agreement between the parties. If it is determined by the district court that either […]
Section 322A.21 – Waivers void.
322A.21 Waivers void. A condition, stipulation, or provision in a franchise requiring a franchisee to waive compliance with or relieving a person of a duty or liability imposed by or a right provided by this chapter or order under this chapter is void. This section shall not affect the settlement of disputes, claims, controversies or […]
Section 322A.6 – Application filed with the department.
322A.6 Application filed with the department. 1. If a franchiser seeks to terminate or not continue a franchise, or seeks to enter into a franchise establishing an additional motor vehicle dealership of the same line-make, the franchiser shall file an application with the department for permission to terminate or not continue the franchise, or for […]
Section 322A.22 – Other line-makes.
322A.22 Other line-makes. A condition, stipulation, or provision in a franchise prohibiting or restricting the franchisee from continuing another line-make at the dealership or adding an additional line-make to the dealership is void. This section does not limit a franchiser from establishing good cause for the termination of a franchise pursuant to sections 322A.2 and […]
Section 322A.7 – Department of inspections and appeals to hold hearing.
322A.7 Department of inspections and appeals to hold hearing. 1. Upon receiving an application, the department shall notify the department of inspections and appeals which shall enter an order fixing a time, which shall be within ninety days of the date of the order, and place of hearing, and shall send by certified or registered […]
Section 322A.23 – Customer lists.
322A.23 Customer lists. A condition, stipulation, or provision in a franchise which requires the franchisee to provide its customer lists or service files to the franchiser is void. This section shall not apply to notification by the franchisee to the franchiser of the delivery of a new motor vehicle to a customer, including information necessary […]
Section 322A.8 – Continuation.
322A.8 Continuation. If the department of inspections and appeals finds it desirable it may upon request continue the date of hearing for a period of ninety days, and may upon application, but not ex parte, continue the date of hearing for an additional period of ninety days. [C71, 73, 75, 77, 79, 81, §322A.8; 81 […]
Section 322A.24 – Construction.
322A.24 Construction. This chapter shall be liberally construed to effectuate its purposes. 2010 Acts, ch 1081, §8
Section 322A.9 – Burden of proof.
322A.9 Burden of proof. 1. Upon hearing, the franchiser shall have the burden of proof to establish that under the provisions of this chapter the franchiser should be granted permission to terminate or not continue the franchise, or to enter into a franchise establishing an additional motor vehicle dealership, or to alter a franchisee’s community. […]
Section 322A.10 – Rules of evidence.
322A.10 Rules of evidence. 1. The rules of civil procedure relating to discovery and inspection shall apply to hearings held under the provisions of this chapter, and the department of inspections and appeals may issue orders to give effect to such rules. 2. In the event issues are raised which would involve violations of any […]