Section 8-21C-1 Legislative intent; applicability. (a) It is the intent of the Legislature to protect the public health, safety, and welfare of the residents of the state by regulating the relationship between recreational vehicle dealers, manufacturers, and distributors, by maintaining competition, and by providing consumer protection and fair trade. (b) This chapter applies to manufacturer […]
Section 8-21C-10 Coercion prohibited. (a) A manufacturer or distributor may not coerce or attempt to coerce a dealer to do any of the following: (1) Purchase a product that the dealer did not order. (2) Enter into an agreement with the manufacturer or distributor. (3) Enter into an agreement that requires the dealer to submit […]
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor injured by another party’s violation of this chapter may bring a civil action in circuit court to recover actual damages. The court shall award attorney’s fees and costs to the prevailing party in such an action. Venue for any civil action authorized […]
Section 8-21C-2 Definitions. As used in this chapter, the following words shall have the following meanings: (1) AREA OF SALES RESPONSIBILITY. The geographical area, agreed to by the dealer and the manufacturer or the distributor or in the manufacturer and dealer agreement, within which the dealer has the exclusive right to display or sell new […]
Section 8-21C-3 Manufacturer and dealer agreement – Required for sales by manufacturer or distributor. (a)(1) After September 30, 2011, a manufacturer or distributor may not sell a recreational vehicle in this state to or through a dealer without having first entered into a manufacturer and dealer agreement with the dealer which has been signed by […]
Section 8-21C-4 Manufacturer and dealer agreement – Termination, cancellation, etc. (a) A manufacturer or distributor, directly or through any authorized officer, agent, or employee, may terminate, cancel, or fail to renew a manufacturer and dealer agreement with or without cause. If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and dealer […]
Section 8-21C-5 Manufacturer and dealer agreement – Actions upon failure to cure deficiencies. (a) If the manufacturer and dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without cause as defined in subsection (b) of Section 8-21C-4 or if the dealer terminates or cancels the manufacturer and dealer agreement for cause […]
Section 8-21C-6 Change of dealer ownership. (a) If a dealer desires to make a change in ownership by the sale of the business assets, a stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least 15 business days before the closing, including all supporting documentation as may be reasonably […]
Section 8-21C-7 Duties of warrantors; warranty claims. (a) Each warrantor shall do all of the following: (1) Specify in writing each of its dealer obligations, if any, for preparation, delivery, and warranty service on its products. (2) Compensate a dealer for warranty service required of the dealer by the warrantor. (3) Provide a dealer the […]
Section 8-21C-8 Indemnification. Notwithstanding the terms of any manufacturer and dealer agreement: (1) A warrantor shall indemnify and hold harmless its dealer against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the warrantor. The dealer shall provide to the warrantor a copy of […]
Section 8-21C-9 Notification of pre-delivery damage. (a) Whenever a new recreational vehicle is damaged prior to transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of the damage within […]
