Section 31-5.1-17. – Severability.
§ 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 […]
Section 31-5.1-4.1. – Dealership — Survivorship.
§ 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 […]
Section 31-5.1-4.2. – Establishing new dealerships and relocating existing dealerships.
§ 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 […]
Section 31-5.1-5. – Delivery obligations.
§ 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 […]
Section 31-5.1-6. – Warranty agreement.
§ 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 […]
Section 31-5.1-6.1. – Obligations during recalls.
§ 31-5.1-6.1. Obligations during recalls. (a) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs. Compensation for recall repairs shall be at the dealer retail rate in effect at the time the recall repair work is performed. The dealer retail rate for […]
Section 31-5.1-7. – Unlawful restrictions on dealerships.
§ 31-5.1-7. Unlawful restrictions on dealerships. It shall be unlawful directly or indirectly to impose unreasonable restrictions on the motor vehicle dealer or franchisee relative to transfer, sale, right to renew, termination, discipline, non-competition covenants, site-control (whether by sublease, collateral pledge of lease, or otherwise), right of first refusal to purchase, option to purchase, compliance […]
Section 31-5.1-8. – Agreements.
§ 31-5.1-8. Agreements. The provisions of this chapter shall apply to all written or oral agreements between a manufacturer and a motor vehicle dealer including, but not limited to, the franchise offering; the franchise agreement; sales of goods, services, or advertising; leases of mortgages of real or personal property; promises to pay; security interests; pledges; […]
Section 31-5.1-9. – Product liability indemnification.
§ 31-5.1-9. Product liability indemnification. Notwithstanding the terms of any franchise agreement, it shall be a violation of this law for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised new motor vehicle dealers against any judgment or settlement for damages including, but not limited to, court costs and reasonable […]
Section 31-5.1-10. – Free association.
§ 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.