28-4451. Product liability; warranty obligations; audits; vehicle exports; used vehicle recall obligations; definition A. Each manufacturer shall file with the director a copy of the delivery and preparation obligations required to be performed by a new motor vehicle dealer before delivery of new motor vehicles to buyers. These delivery and preparation obligations constitute the new […]
28-4452. Limitations; franchise establishment, cancellation, termination or nonrenewal A. Notwithstanding the terms, provisions or conditions of an agreement or franchise, a franchisor shall not cancel, terminate or refuse to renew a franchise unless the franchisor has good cause for termination or nonrenewal. B. A franchisor shall not enter into a franchise for the purpose of […]
28-4453. Franchise; notice of intention A. If a franchisor seeks to enter into a franchise establishing an additional new motor vehicle dealership of the same line-make, the franchisor shall, and the franchisee may at any time, file with the director a notice of intention to enter into a franchise for additional representation of the same […]
28-4454. Objection to approval of notice A. A person who receives or is entitled to receive a copy of a notice provided for in section 28-4453 may object to the approval of a notice by filing a written objection with the director within fifteen days from the date the notice was received by the person. […]
28-4455. Determination of standing; failure to object A. If the director intends to determine that the objector has established both of the reasons prescribed by section 28-4454, subsection B, the director shall notify the franchisor and allow the franchisor to submit evidence in rebuttal before the director makes a final determination. The director’s determination is […]
28-4456. Hearing on objection; appeal A. If a timely objection has been filed and, if the objection is to the establishment of a new motor vehicle dealership, the objection meets both of the reasons prescribed by section 28-4454, subsection B, the director shall: 1. Enter an order fixing the time and place of a hearing […]
28-4457. Franchise termination, cancellation or nonrenewal; good cause; changes A. Notwithstanding the terms, provisions or conditions of an agreement or franchise, the following are not good cause for the termination, cancellation or nonrenewal of a franchise: 1. The change of ownership of the franchisee’s dealership. This paragraph does not authorize a change in ownership that […]
28-4458. Coercion prohibited A. A manufacturer of new motor vehicles, factory branch, distributor, distributor branch, field representative, officer or agent or any representative of a manufacturer of new motor vehicles, factory branch, distributor, distributor branch, field representative, officer or agent shall not coerce or attempt to coerce a new motor vehicle dealer to do any […]
28-4459. Manufacturer or distributor right of first refusal If a change of all, or substantially all, ownership of a new motor vehicle dealership or transfer of all, or substantially all, dealership assets is proposed, a manufacturer or distributor may exercise a right of first refusal to acquire the dealership if all of the following requirements […]
28-4460. Factories; competition or unfair discrimination prohibited; definitions A. A factory shall not directly or indirectly compete with or unfairly discriminate among its dealers. B. Competing with or unfair discrimination includes any one of the following: 1. The factory having an ownership interest or franchise interest in, or operating or acting in the capacity of, […]
28-4461. Right of designated family member to succeed in ownership A. Any owner of a new motor vehicle dealer may appoint by will or any other written instrument that is approved by the manufacturer a designated family member to succeed in the ownership interest of the owner of the new motor vehicle dealer. B. Unless […]
28-4462. Refusal to honor succession to ownership; notice required A. If a manufacturer believes that good cause exists for refusing to honor the succession to ownership interest of the owner of a new motor vehicle dealer by a family member of a deceased or incapacitated owner of a new motor vehicle dealer under the existing […]
28-4463. Burden of proof and consideration In determining whether good cause for the refusal to honor the succession exists, the manufacturer: 1. Has the burden of proving that the successor is a person who is not of good moral character or does not meet the franchisor’s existing and reasonable standards, including financial standards. 2. Must […]
