(a) In this subtitle the following words have the meanings indicated. (b) “Distributor” means a distributor who is authorized by the manufacturer or the manufacturer’s authorized importer to enter into franchise agreements with dealers of: (1) New motor vehicles constructed or assembled outside of the United States; or (2) New two-stage vehicles completed outside of the United States by […]
(a) A manufacturer may not transfer any new motor vehicle, new two-stage vehicle, or truck component part to any dealer or distributor in this State unless the manufacturer is licensed by the Administration under this subtitle. (b) A distributor may not transfer any new motor vehicle, or new two-stage vehicle to any dealer in this State unless […]
(a) In addition to the information required under Subtitle 1 of this title, each application for a license shall include: (1) The address of the principal place of business of the applicant; (2) The address of each place from which the applicant will make substantial contacts with dealers in this State; and (3) The nature of the business to […]
(a) Each licensee shall pay an annual fee to the Administration for each license year or part of a license year for which the license is issued. (b) The annual license fee for a manufacturer or a distributor shall be established by the Administration based on the combined number of new motor vehicles, new two-stage vehicles, and […]
(a) After the Administration notifies a manufacturer or distributor of new motor vehicles of the approval of an application for a license and before the Administration issues a license, the manufacturer or distributor shall file with the Administration a surety bond in the form and with the surety that the Administration approves. (b) (1) The amount of the […]
A license issued under this subtitle authorizes the licensee to conduct the business of a manufacturer, distributor, or factory branch, as the case may be, during the license year for which it is issued.
(a) In this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. (b) A manufacturer, distributor, or factory branch, whether directly or through an agent, employee, or representative, may not fail to act in good faith: (1) In acting or purporting to act under the terms, provisions, […]
(a) (1) In this section the following words have the meanings indicated. (2) (i) “Coerce” means to compel or attempt to compel by threat of harm, breach of contract, or other adverse action or consequences, including the loss of any incentive or other benefit made available to other dealers of the same line make in the State. (ii) “Coerce” includes […]
(a) (1) In this section the following words have the meanings indicated. (2) (i) “Consumer data” means nonpublic personal information, as defined in 15 U.S.C. § 6809(4), collected by a dealer and provided by the dealer directly to a manufacturer, distributor, or factory branch, or its agent. (ii) “Consumer data” does not include the same or similar data that is […]
(a) A manufacturer may not refuse to deliver new motor vehicles, new two–stage vehicles, or truck component parts, as the case may be, to a licensed dealer or distributor, in reasonable quantities and within a reasonable time after receipt of a written order, if: (1) The manufacturer specifically advertises that these vehicles or truck component parts are […]
(a) A manufacturer may not terminate, cancel, or fail to renew the franchise of a dealer, notwithstanding any term or provision of the franchise, unless: (1) The dealer has failed to comply substantially with the reasonable requirements of the franchise; and (2) Except as otherwise provided by subsection (d) of this section, the manufacturer: (i) Gives the dealer at […]
(a) A manufacturer, whether directly or through an agent, employee, or representative, may not use any advertisement that is in any way false, deceptive, or misleading. (b) A distributor, whether directly or through an agent, employee, or representative, may not use any advertisement that is in any way false, deceptive, or misleading. (c) A factory branch, whether directly […]
(a) A manufacturer, whether directly or through an agent, employee, affiliate, or representative, may not prevent, by contract or otherwise, any owner, partner, or stockholder of any dealership from transferring any ownership interest in the dealership to any other person. (b) A distributor, whether directly or through an agent, employee, affiliate, or representative, may not prevent, by […]
(a) (1) A designated family member of a deceased or incapacitated dealer may succeed the dealer in the ownership or operation of the dealership under the existing franchise agreement if the designated family member: (i) Gives the manufacturer, distributor, or factory branch written notice of the designated family member’s intention to succeed to the dealership within 120 days […]
(a) In this section, “motor home” means a motor vehicle that: (1) Is designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self–propelled motor vehicle chassis or van; and (2) Contains permanently installed independent life support systems which provide at least four of the following facilities: (i) Cooking; (ii) Refrigeration or […]
(a) Upon the filing of a claim, a manufacturer, factory branch, or distributor shall compensate a dealer for any incentive or reimbursement program sponsored by the manufacturer, factory branch, or distributor, under the terms of which the dealer is eligible for compensation. (b) (1) A claim filed under this section shall be: (i) In the manner and form prescribed […]
(a) If a manufacturer, distributor, or factory branch terminates, suspends, refuses to renew, or closes a dealer’s franchise or refuses to supply new vehicles to a dealer who holds a franchise, the manufacturer, distributor, or factory branch shall: (1) Reimburse the dealer for any costs the dealer incurred for facility upgrades or alterations required by the manufacturer, […]
Notwithstanding any administrative or criminal sanctions imposed by this subtitle, if a person suffers financial injury or other damage as a result of a violation of this subtitle by any other person, whether or not that other person has been found guilty of a criminal violation, the injured person may recover damages and reasonable attorneys’ […]
In addition to any other right to request a hearing under this subtitle and notwithstanding any provisions of the franchise agreement to the contrary, a dealer, designated dealer successor as provided in § 15-211.1 of this subtitle, manufacturer, distributor, or factory branch may request a hearing under Title 12, Subtitle 2 of this article to: […]
