§17A-6A-15a. Dealer Data, Obligation of Manufacturer, Vendors, Suppliers and Others; Consent to Access Dealership Information; Unlawful Activities; Indemnification of Dealer
(a) Except as expressly authorized in this section, a manufacturer or distributor cannot require a motor vehicle dealer to provide its customer information to the manufacturer or distributor unless necessary for the sale and delivery of a new motor vehicle to a consumer, to validate and pay consumer or dealer incentives, for manufacturers marketing purposes, […]
§17A-6A-15b. Exports; Rebuttable Presumption on Behalf of Dealer
It is unlawful for a manufacturer or distributor to take or threaten to take any adverse action against a dealer pursuant to an export or sale-for-resale prohibition because the dealer sold or leased a vehicle to a customer who either exported the vehicle to a foreign country or resold the vehicle in violation of the […]
§17A-6A-15c. Manufacturer Performance Standards; Uniform Application; Prohibited Practices
A manufacturer may not require dealer adherence to a performance standard or standards which are not applied uniformly to other similarly situated dealers. In addition to any other requirements of the law, the following shall apply: (1) A performance standard, sales objective, or program for measuring dealer performance used by a manufacturer, distributor, or factory […]
§17A-6A-8. Reasonable Compensation to Dealer
(1) Upon the termination, cancellation, nonrenewal or discontinuance of any dealer agreement, the new motor vehicle dealer shall be allowed fair and reasonable compensation by the manufacturer or distributor for the following:
§17A-6A-8a. Compensation to Dealers for Service Rendered
(a) Every motor vehicle manufacturer, distributor, or wholesaler, factory branch or distributor branch, or officer, agent, or representative thereof, shall: (1) Specify in writing to each of its motor vehicle dealers, the dealers obligation for delivery, preparation, warranty, and factory recall services on its products;
§17A-6A-9. Payment of Compensation
(1) Compensation for new motor vehicle inventory under subdivision (a), subsection (1), section eight of this article shall be paid within sixty days after the effective date of the termination, cancellation, nonrenewal or discontinuance. Compensation for items of personal property required by subdivisions (b), (c) and (d), subsection (1), section eight of this article shall […]
§17A-6A-10. Prohibited Practices
(a) A manufacturer or distributor may not require any new motor vehicle dealer in this state to do any of the following: (1) Order or accept delivery of any new motor vehicle, part or accessory of the vehicle, equipment, or any other commodity not required by law which was not voluntarily ordered by the new […]
§17A-6A-2. Governing Law
(a) In accord with the settled public policy of this state to protect the rights of its citizens, each franchise or agreement between a manufacturer or distributor and a dealer or dealership which is located in West Virginia, or is to be performed in substantial part in West Virginia, shall be construed and governed by […]
§17A-6A-3. Definitions
For the purposes of this article, the words and phrases defined in this section have the meanings ascribed to them, except where the context clearly indicates a different meaning. (1) “Dealer agreement” means the franchise, agreement, or contract in writing between a manufacturer, distributor, and a new motor vehicle dealer which purports to establish the […]
§17A-6A-4. Cancellation of Dealer Contract; Notification
(1) Notwithstanding any agreement, a manufacturer or distributor shall not cancel, terminate, fail to renew or refuse to continue any dealer agreement with a new motor vehicle dealer unless the manufacturer or distributor has complied with all of the following: