§ 31-5.1-1. Definitions. The following words and phrases, for the purposes of this chapter, have the following meanings: (1) “Designated family member” means the spouse, child, grandchild, parent, brother, or sister of the owner of a new motor vehicle dealership who, in the case of the owner’s death, is entitled to inherit the ownership interest […]
§ 31-5.1-10. Free association. Every franchisee shall have the right of free association with other franchisees for any lawful purpose. History of Section.P.L. 1974, ch. 292, § 1.
§ 31-5.1-11. Sales to the state. In connection with a sale of a motor vehicle or vehicles to the state or to any political subdivision, no manufacturer, distributor or wholesaler shall offer any discounts, refunds, or any other similar type of inducement to any dealer without making the same offer or offers to all other […]
§ 31-5.1-12. Enforcement. (a) The department shall enforce compliance with the provisions of this chapter. If the department deems that there has been a violation of this chapter, the department shall hold a show cause hearing for revocation or suspension of a license in accordance with the Administrative Procedures Act, chapter 35 of title 42. […]
§ 31-5.1-13. Civil remedies. (a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, any consumer who is injured by a violation of this chapter, or any party to a franchise who is so injured in his or her business or property by a violation […]
§ 31-5.1-14. Contracts void. Any contract, part of a contract, or practice under a contract in violation of any provision of this chapter shall be deemed against public policy and shall be void and unenforceable. History of Section.P.L. 1974, ch. 292, § 1.
§ 31-5.1-15. Limitation of action. Actions arising out of any provision of this chapter shall be commenced within four (4) years next after the cause of action accrues. If a person liable under this chapter conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the […]
§ 31-5.1-16. Bill to set aside department order. Any licensee or other person in interest, who is dissatisfied with the final order of the department, may appeal to the sixth division of the district court pursuant to the procedure established in § 42-35-15. History of Section.P.L. 1974, ch. 292, § 1; P.L. 1982, ch. 448, […]
§ 31-5.1-17. Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History […]
§ 31-5.1-18. Transportation damages. (a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to new motor vehicles after acceptance from the carrier and before delivery to the ultimate purchaser. (b) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the […]
§ 31-5.1-19. Risk of loss. (a) If a new motor vehicle dealer determines the method of transportation, as defined in § 31-5.1-18(c), then the risk of loss passes to the dealer upon delivery of the vehicle to the carrier. (b) In every other instance, the risk of loss remains with the manufacturer until such time […]
§ 31-5.1-2. Application of chapter. 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 shall be subject to […]
§ 31-5.1-20. Extent of damage liability to dealers. (a) The extent of liability to a dealer regarding repair work shall be limited to the gross charge for the repair work. (b) Dealers shall not be liable for transportation or rental costs during the time in which repairs are made. (c) In any action regarding dealers […]
§ 31-5.1-21. Promotional activities. (a) Upon filing of a claim, a manufacturer or distributor shall compensate a dealer for any incentive or reimbursement program sponsored by the manufacturer 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 […]
§ 31-5.1-3. Unlawful acts and practices. (a) Unfair methods of competition, and unfair or deceptive acts or practices, as defined in this chapter, are declared to be unlawful. (b) In construing subsection (a) of this section, the courts may be guided by the interpretations of § 45 of the Federal Trade Commission Act (15 U.S.C. […]
§ 31-5.1-4. Violations. (a) It shall be deemed a violation of this chapter for any manufacturer or motor vehicle dealer to engage in any action that is arbitrary, in bad faith, or unconscionable and that causes damage to any of the parties involved or to the public. (b) It shall be deemed a violation of […]
§ 31-5.1-4.1. Dealership — Survivorship. (a)(1) Right of designated family member to succeed in dealership ownership. Any owner of a new motor vehicle dealership may appoint by will or any other written instrument a designated family member to succeed in the ownership interest of that owner in the new motor vehicle dealership. (2) Unless there […]
§ 31-5.1-4.2. Establishing new dealerships and relocating existing dealerships. (a) In the event that a manufacturer seeks to enter into a franchise establishing an additional new motor vehicle dealership, adding an additional location for an existing new motor vehicle dealership, or relocating an existing new motor vehicle dealership within or into a relevant market area […]
§ 31-5.1-5. Delivery 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 paid to its […]
§ 31-5.1-6. Warranty agreement. (a) Every manufacturer shall properly fulfill any warranty agreement and adequately and fairly compensate each of its motor vehicle dealers for labor and parts. In no event shall that compensation fail to include reasonable compensation for diagnostic work, as well as repair service and labor. All claims made by motor vehicle […]
