§ 4-75-401. Title
This subchapter shall be known and shall be cited as the “Automobile Dealer’s Anti-Coercion Act”.
§ 4-75-402. Definitions
As used in this subchapter, unless the context otherwise requires: (1) “Person” means any individual, firm, corporation, partnership, association, trustee, receiver, or assignee for the benefit of creditors; (2) “Sell”, “sold”, “buy”, and “purchase” include exchange, barter, gift, and offer of contract to sell or buy; and (3) “Wholesale distribution” means the sale or distribution […]
§ 4-75-403. Subchapter cumulative
The provisions of this subchapter shall be held cumulative to each other and all other laws of this state in force as of June 10, 1937, in any way affecting them.
§ 4-75-404. Penalties — Persons subject to penalties
(a) Any person shall be guilty of a Class B misdemeanor if the person: (1) Shall violate any of the provisions of this subchapter; (2) Is a party to any agreement or understanding or to any contract prescribing any condition prohibited by this subchapter; (3) Is any employee, agent, or officer of any person that […]
§ 4-75-405. Forfeiture of charter rights, etc., and dissolution for violations — Proceedings
For a violation of any of the provisions of this subchapter by any corporation or association mentioned in this subchapter, it shall be the duty of the Attorney General or the prosecuting attorney of the proper county to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of […]
§ 4-75-406. Foreign corporations violating subchapter prohibited from doing business
Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises, or functions of a corporation in this state, violating any of the provisions of this subchapter, is denied the right and prohibited from doing any business in this state. It shall be the duty of the Attorney General to enforce […]
§ 4-75-407. Contracts violating subchapter void
Any contract or agreement in violation of the provisions of this subchapter shall be absolutely void and shall not be enforceable either in law or equity.
§ 4-75-408. Exclusive financing agreements — Prohibition
It shall be unlawful for any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution of motor vehicles to sell, or enter into a contract to sell, motor vehicles to any person who is engaged or intends to engage in the business of selling such motor vehicles at retail in […]
§ 4-75-409. Exclusive financing agreements — Threats as prima facie evidence
Any threat, expressed or implied, made to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, that the person will discontinue or cease to sell, or refuse to enter into a contract to […]
§ 4-75-410. Exclusive financing agreements — Threats presumed made at direction of manufacturer or distributor
Any threat, expressed or implied, made to any person engaged in the business of selling motor vehicles at retail in this state by any person, or any agent of any such person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, […]
§ 4-75-411. Unlawful subsidies or discrimination
(a) It shall be unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution of motor vehicles to pay or give or to contract to pay or give any subsidy to any person, other than an automobile dealer or automobile distributor, who is engaged in the business of financing […]
§ 4-75-412. Actions by injured parties
(a) In addition to the criminal and civil penalties provided in this subchapter, any person who shall be injured in his or her business or property by any other person or corporation or association or partnership, by reason of anything forbidden or declared to be unlawful by this subchapter, may sue therefor in any court […]
§ 4-75-413. Arbitration and forum selection clauses in the sale of motor vehicles
(a) Except as provided in subsection (b) of this section, no new or used automobile dealer shall include in the contract for the sale of a motor vehicle a provision requiring the purchaser to submit a disputed matter to: (1) Binding arbitration; or (2) A forum outside the county in which the dealer resides or […]