§ 460. Legislative findings. The legislature finds and declares that the distribution and sale of motor vehicles within this state vitally affects the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and the public welfare and in the exercise of its […]
§ 461. Short title. This article shall be known and may be cited as the “franchised motor vehicle dealer act”.
§ 462. Definitions. Whenever used in this article: 1. “Distributor” means any person who primarily offers, sells or distributes new motor vehicles to franchised motor vehicle dealers or maintains distributor representatives within the state. 2. “Distributor branch” means a branch office maintained by a distributor which offers, sells or distributes new motor vehicles to franchised […]
§ 463. Unfair business practices by franchisors. 1. It shall be unlawful for any franchisor to directly or indirectly coerce or attempt to coerce any franchised motor vehicle dealer: (a) To order or accept delivery of any motor vehicle or vehicles, appliances, tools, machinery, equipment, parts or accessories therefor or any other commodity or commodities […]
§ 464. Obligations of dealers prior to delivery to retail buyers. Every franchisor shall specify in writing the delivery and preparation obligations of its franchised motor vehicle dealers prior to delivery of new motor vehicles to retail buyers.
§ 465. Procedures relating to warranties and sales incentives. 1. Every franchisor shall properly fulfill any warranty agreement and/or franchisor’s service contract and shall compensate each of its franchised motor vehicle dealers for warranty parts and labor in amounts which reflect reasonable compensation for such work. All warranty claims and/or claims under a franchisor’s service […]
§ 466. Unreasonable restrictions. 1. It shall be unlawful for a franchisor directly or indirectly to impose unreasonable restrictions on the franchised motor vehicle dealer relative to transfer, sale, right to renew or termination of a franchise, discipline, noncompetition covenants, site-control (whether by sublease, collateral pledge of lease or otherwise), right of first refusal to […]
§ 467. Dealership facilities assistance upon termination, cancellation or nonrenewal. Upon a permitted termination, cancellation or nonrenewal by the franchisor, unless such termination, cancellation or nonrenewal is for a reason or reasons set forth in subparagraph three of paragraph (d) of subdivision two of section four hundred sixty-three of this article, the franchisor shall assume […]
§ 468. Preservation of consumer protection statutes. Nothing contained herein shall in any way be construed or interpreted to modify, limit or affect the full powers and duties heretofore or hereafter granted to consumer protection agencies created by statute or regulation enacted by state, city, county or local municipalities and the rights of consumers to […]
§ 469. Private actions. 1. A franchised motor vehicle dealer who is or may be aggrieved by a violation of this article shall be entitled to request an adjudicatory proceeding, as prescribed in section four hundred seventy-one-a of this article, or in lieu thereof, sue for, and have, injunctive relief and damages in any court […]
§ 469-a. Powers of the commissioner. 1. In addition to any other powers and duties of the commissioner set forth in this chapter, the commissioner shall have the power to enforce the provisions of this article, in accordance with section four hundred seventy-one-a of this article. 2. The commissioner shall prescribe such rules and regulations […]
§ 470. Construction of article. The provisions of this article shall be in addition to and not in lieu of those contained in the uniform commercial code.
§ 471. Notice requirement. 1. A dealer shall not display for sale, exchange or sell any new motor vehicle, or any used motor vehicle, that was originally sold by a manufacturer for distribution outside the United States without prominently displaying a label on the vehicle stating that “This vehicle was not sold by the manufacturer […]
§ 471-a. Adjudicatory proceedings. 1. Request for an adjudicatory proceeding. (a) Any franchised motor vehicle dealer who is or may be aggrieved by a violation of this article may request mediation with the franchisor. The request for mediation shall be served by certified mail, or in such manner as the franchisor and franchised motor vehicle […]
§ 471-b. Judicial review. A decision of the presiding officer under section four hundred seventy-one-a of this article shall be subject to review by the supreme court in the manner provided by article seventy-eight of the civil practice law and rules.
§ 472. Separability. If any part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been […]
§ 473. Savings clause. Nothing in this article shall prohibit, limit, restrict or impose conditions on: 1. The business activities (including, without limitation, the dealings with motor vehicle manufacturers and their representatives and affiliates) of any person that is primarily engaged in the business of rental of motor vehicles and industrial and construction equipment and […]
