357-C:1 Definitions. – For the purpose of this chapter only: I. " Motor vehicle " means every self-propelled vehicle manufactured and designed primarily for use and operation on the public highways and required to be registered and titled under the laws of New Hampshire. Motor vehicle shall include equipment if sold by a motor […]
357-C:10 Franchisee’s Right to Associate. – Any franchisee shall have the right of free association with other franchisees for any lawful purpose. Source. 1981, 477:2, eff. Aug. 25, 1981.
357-C:11 Discounts and Other Inducements. – In connection with a sale of any motor vehicle to the state or to any political subdivision thereof, no manufacturer or distributor shall offer any discounts, refunds or other similar inducement to any dealer without making the same offer to all other dealers of the same line make […]
357-C:11-a Sale of New Motor Vehicles Manufactured to California Emission Standards. – No person shall refuse or refrain from selling, delivering or distributing any new motor vehicle manufactured to the emissions standards required by the California air resources board. Source. 1994, 33:2, eff. April 22, 1994.
357-C:12 Enforcement; New Hampshire Motor Vehicle Industry Board; Fund Established. – I. (a) There is established a New Hampshire motor vehicle industry board for the purpose of enforcing the provisions of this chapter. The board shall consist of the commissioner of the department of safety or designee who shall serve as the board’s chairperson […]
357-C:12-a Franchisor and Franchisee Registration. – Each franchisor and franchisee shall register annually with the New Hampshire motor vehicle industry board pursuant to rules adopted by the board in accordance with RSA 541-A. Source. 2001, 209:10, eff. Jan. 1, 2002.
357-C:13 Statute of Limitations. – Actions arising out of any provision of this chapter shall be commenced within 4 years of the date the cause of action accrues; provided, however, that if a person conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the […]
357-C:14 Construction. – In construing the provisions of this chapter, the courts may be guided by the interpretations of the Federal Trade Commission Act, as amended. Source. 1981, 477:2, eff. Aug. 25, 1981.
357-C:15 Penalty. – Any violation of this chapter shall constitute a misdemeanor. Source. 1981, 477:2, eff. Aug. 25, 1981.
357-C:16 Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are […]
357-C:2 Applicability. – Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of, or has business dealings with respect to, a motor vehicle within the state shall be subject to the provisions of this chapter and the jurisdiction of the courts […]
357-C:3 Prohibited Conduct. – It shall be deemed an unfair method of competition and unfair and deceptive practice for any: I. Manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative or motor vehicle dealer to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage to any […]
357-C:3-a Access to Documentation. – I. Once annually, a dealer may request to obtain a copy of (i) reports created in the regular course of business about the dealer, (ii) written correspondence with the dealer, and (iii) written reports prepared by a representative of the manufacturer or distributor documenting or memorializing any contact with […]
357-C:4 Delivery and Preparation Obligations. – Every manufacturer shall specify to the dealer, the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its motor vehicle dealers and a schedule of the compensation to be […]
357-C:5 Warranty Obligations, Transportation Damage and Indemnification. – I. Every manufacturer, distributor, or branch or division thereof shall fulfill the terms of any express or implied warranty it makes concerning the sale of a new motor vehicle to the public or ultimate purchaser of the line make which is the subject of a contract […]
357-C:6 Agreements Governed. – I. All written or oral agreements of any type between a manufacturer or distributor and a motor vehicle dealer shall be subject to the provisions of this chapter, and provisions of such agreements which are inconsistent with this chapter shall be void as against public policy and unenforceable in the […]
357-C:6-a Prohibited Contractual Requirements Imposed by Manufacturer, Distributor, or Captive Finance Source. – I. In this section, " captive finance source " means any financial source that provides automotive-related loans or purchases retail installment contracts or lease contracts for motor vehicles in New Hampshire and is, directly or indirectly, owned, operated, or controlled by […]
357-C:7 Limitations on Cancellations, Terminations and Nonrenewals. – I. Notwithstanding the terms, provisions, or conditions of any agreement or franchise, and notwithstanding the terms or provision to any waiver, no manufacturer, distributor, or branch or division thereof shall cancel, terminate, fail to renew, or refuse to continue any franchise relationship with a new motor […]
357-C:8 Survivorship. – I. Any designated family member of a deceased or incapacitated new motor vehicle dealer may succeed the dealer in the ownership or operation of the dealership under the existing franchise or distribution agreement provided the designated family member gives the manufacturer, distributor, factory branch or factory representative or importer of new […]
357-C:9 Limitations on Establishing or Relocating Dealerships. – I. In the event that a manufacturer, distributor, or branch or division thereof seeks to enter into a franchise establishing an additional new motor vehicle dealership or relocating an existing new motor vehicle dealership within a relevant market area where the same line make is then […]
