§ 20-307 – Article applicable to existing and future franchises and contracts.
20-307. Article applicable to existing and future franchises and contracts. The provisions of this Article shall be applicable to all franchises and contracts existing between dealers and manufacturers, factory branches, and distributors at the time of its ratification, and to all such future franchises and contracts. (1955, c. 1243, s. 23.)
§ 20-307.1 – Jurisdiction.
20-307.1. Jurisdiction. A franchisee who is substantially and primarily engaged in the sale of motor vehicles or parts, materials, or components of motor vehicles, including batteries, tires, transmissions, mufflers, painting, lubrication or tune-ups may bring suit against any franchisor, engaged in commerce, in the General Court of Justice in the State of North Carolina that […]
§ 20-308 – Penalties.
20-308. Penalties. Any person violating any of the provisions of this Article, except for G.S. 20-305.7, shall be guilty of a Class 1 misdemeanor. (1955, c. 1243, s. 24; 1993, c. 539, s. 386; 1994, Ex. Sess., c. 24, s. 14(c); 2005-409, s. 5.)
§ 20-308.1 – Civil actions for violations.
20-308.1. Civil actions for violations. (a) Notwithstanding the terms, provisions or conditions of any agreement or franchise or other terms or provisions of any novation, waiver or other written instrument, any motor vehicle dealer who is or may be injured by a violation of a provision of this Article, or any party to a franchise […]
§ 20-308.2 – Applicability of this Article.
20-308.2. Applicability of this Article. (a) Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale, or has business dealings, with respect to a new motor vehicle sale within this State, shall be subject to the provisions of this Article and shall be […]
§ 20-305.2 – Unfair methods of competition; protection of car-buying public.
20-305.2. Unfair methods of competition; protection of car-buying public. (a) It is unlawful for any motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof, to directly or indirectly through any parent, subsidiary, or affiliated entity, whether or not such motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof has entered into […]
§ 20-305.3 – Hearing notice.
20-305.3. Hearing notice. In every case of a hearing before the Commissioner authorized under this Article, the Commissioner shall give reasonable notice of each such hearing to all interested parties, and the Commissioner’s decision shall be binding on the parties, subject to the rights of judicial review and appeal as provided in Chapter 150B of […]
§ 20-305.5 – Recreational vehicle manufacturer warranty recall obligations.
20-305.5. Recreational vehicle manufacturer warranty recall obligations. (a) It is unlawful for any manufacturer, factory branch, distributor, or distributor branch that manufactures or distributes recreational vehicles to fail to fully compensate its dealers located in this State in accordance with this section for warranty or recall work performed by the dealers related to the living […]
§ 20-305.6 – Unlawful for manufacturers to unfairly discriminate among dealers.
20-305.6. Unlawful for manufacturers to unfairly discriminate among dealers. Notwithstanding the terms of any contract, franchise, novation, or agreement, it shall be unlawful for any manufacturer, factory branch, distributor, or distributor branch to do any of the following: (1) Discriminate against any similarly situated franchised new motor vehicle dealers in this State. (2) Unfairly discriminate […]
§ 20-305.7 – Protecting dealership data and consent to access dealership information.
20-305.7. Protecting dealership data and consent to access dealership information. (a) Except as expressly authorized in this section, no manufacturer, factory branch, distributor, or distributor branch shall require a new motor vehicle dealer to provide its customer lists, customer information, consumer contact information, transaction data, or service files. Any requirement by a manufacturer, factory branch, […]