Section 445.1921 – Short Title.
445.1921 Short title. Sec. 1. This act shall be known and may be cited as the “recreational vehicle franchise act”. History: 2009, Act 33, Eff. Dec. 1, 2009
445.1921 Short title. Sec. 1. This act shall be known and may be cited as the “recreational vehicle franchise act”. History: 2009, Act 33, Eff. Dec. 1, 2009
445.1923 Definitions. Sec. 3. As used in this act: (a) “Area of sales responsibility” means a geographical area agreed to by a dealer and the manufacturer in a dealer agreement in which the dealer has the exclusive right to display or sell the manufacturer’s new recreational vehicles of a particular line-make to the public. (b) […]
445.1925 Sale of recreational vehicles; dealer agreement required; dealer’s area of sales responsibility; sale outside of designated area; principal of dealer; designation or successor plan. Sec. 5. (1) A manufacturer shall not sell a recreational vehicle in the state to or through a dealer unless the manufacturer has a dealer agreement with the dealer that […]
445.1927 Publication of prices, charges, and terms of sale; offer of rebate, discount, or program; imposition of certain requirements in renewal of dealer agreement; limitation. Sec. 7. (1) A manufacturer shall from time to time publish its prices, charges, and terms of sale for recreational vehicles and may only sell a recreational vehicle to a […]
445.1929 Termination or nonrenewal of dealer agreement by manufacturer; good cause required; burden; factors; notice; option by manufacturer to repurchase from dealer; return of items; “good cause” defined. Sec. 9. (1) A manufacturer, directly or through any officer, agent, or employee, may not terminate or not renew a dealer agreement without good cause. (2) A […]
445.1931 Termination or nonrenewal of dealer agreement by dealer; good cause required; provisions applicable to termination. Sec. 11. (1) A dealer may not terminate a dealer agreement without good cause. A dealer that terminates a dealer agreement shall provide the manufacturer with written notice at least 90 days before the effective date of the termination. […]
445.1933 Sale of line-make after termination or nonrenewal. Sec. 13. The department may not prohibit a dealer from selling a particular line-make after a dealer agreement has been terminated or not renewed under section 9 or 11. If recreational vehicles of a line-make are not returned or required to be returned to the manufacturer, the […]
445.1935 Change of ownership; death, incapacity, or retirement of designated principal. Sec. 15. (1) All of the following apply to a proposed sale of the business assets, transfer of the stock, or other transaction that will result in a change of ownership of a dealer, except a transaction described in subsection (2): (a) The dealer […]
445.1937 Warrantor; obligations; audits; submission of claims; notice of inability to perform warranty repairs; approval or disapproval of claim by warrantor. Sec. 17. (1) A warrantor has all of the following obligations to each dealer engaged in the sale or lease of products that are covered by a warranty from that warrantor: (a) To specify […]
445.1939 Warrantor; prohibited conduct; indemnification; “products” and “warranted products” defined. Sec. 19. (1) A warrantor shall not do any of the following: (a) Fail to perform all of its warranty obligations with respect to a warranted product. (b) In any written notice of a factory campaign to recreational vehicle owners and dealers, fail to include […]
445.1941 Dealer; prohibited conduct; indemnification. Sec. 21. (1) A dealer shall not do any of the following: (a) Fail to perform predelivery inspection of products, if required, in a competent and timely manner. (b) If a transient customer requests service work on a recreational vehicle of a line-make that the dealer is authorized to display […]
445.1943 Damage of recreational vehicle before shipment or while in transit; inspection and rejection; unreasonable number of miles on odometer. Sec. 23. (1) All of the following apply if a new recreational vehicle is damaged before it is shipped to a dealer, or is damaged in transit to the dealer and the manufacturer selected the […]
445.1945 Coercion; prohibitions; definition. Sec. 25. (1) A manufacturer may not coerce or attempt to coerce a dealer to purchase a product or service that the dealer did not order. (2) A manufacturer may not coerce or attempt to coerce a dealer to enter into any agreement with the manufacturer. (3) A manufacturer may not […]
445.1947 Violation of act; civil action; attorney fees; venue; mediation; written demand; service; selection of mediator; filing of complaint, petition, protest, or other action; order suspending action; costs. Sec. 27. (1) A dealer, manufacturer, or warrantor injured by another party’s violation of this act may bring a civil action in circuit court to recover its […]
445.1949 Injunction; bond. Sec. 29. (1) In addition to any remedy available under this act or otherwise available by law, a manufacturer, warrantor, or dealer may apply to a circuit court for the grant, after a hearing and for cause shown, of a temporary or permanent injunction or other equitable relief restraining any person from […]