49-1614. TERMINATION, CANCELLATION OR NONRENEWAL. (1) Notwithstanding the terms, provisions or conditions of any franchise agreement, or any waiver, a manufacturer shall not cancel, terminate or fail to renew any franchise agreement with a dealer unless the manufacturer has satisfied the notice requirement of subsection (2) of this section and has good cause for cancellation, […]
49-1615. SUCCESSION TO OWNERSHIP. Notwithstanding the terms, provisions or conditions of any franchise: (1) A licensee may appoint by will, or any other written instrument, a designated family member to succeed in the ownership interest in the dealership. (2) Unless there exists good cause for refusal to honor succession on the part of the manufacturer, […]
49-1616. LIMITATIONS ON ESTABLISHING OR RELOCATING DEALERS. (1) In the event that a manufacturer seeks to enter into a franchise establishing an additional dealership or relocating an existing dealership within a radius of ten (10) miles from where the same line is represented, the manufacturer shall in writing, first notify the department and each dealer […]
49-1617. PROTESTS — HEARINGS — COSTS. (1) Within twenty (20) days of receiving notice or within twenty (20) days after the end of any appeal procedure provided by a manufacturer, a dealer, in respect to termination, cancellation or nonrenewal of a franchise, or establishing or relocating a dealership, or a designated family member for a […]
49-1618. DENIAL OR REVOCATION OF LICENSE REQUIRES HEARING. (1) Before the department shall refuse to issue to any applicant a license provided for in this chapter, and before revoking or suspending any license, it shall give the applicant or licensee written notice of the action which the department contemplates taking with respect to the application […]
49-1619. PRODUCTION OF WITNESSES AND DOCUMENTS. In the preparation and conduct of hearings, the department has the power to require the attendance and testimony of any witness, the production of any papers or books, may sign and issue subpoenas, administer oaths and examine witnesses, and take any evidence it considers pertinent to the determination of […]
49-1620. REPORT OF FINDINGS. The director shall state in writing his decision after the hearing. If the director determines that an applicant is not qualified to receive a license, no license shall be granted, and if the director determines that a license holder has violated any of the provisions of this chapter or of a […]
49-1621. JUDICIAL REVIEW. Any party to a hearing before the department, or any party to a hearing has the right to judicial review in the district court. Appeals shall be as provided in chapter 52, title 67, Idaho Code. History: [49-1621, added 1988, ch. 265, sec. 394, p. 782; am. 1993, ch. 216, sec. 49, […]
49-1622. PRODUCT LIABILITY RESPONSIBILITY. A manufacturer must file with the department a copy of the delivery and preparation obligations required to be performed by a dealer prior to the delivery of a new vehicle to a buyer. These delivery and preparation obligations constitute the dealer’s only responsibility for product liability as between the dealer and […]
49-1623. PRODUCT LIABILITY INDEMNIFICATION. Notwithstanding the terms of any franchise agreement, it shall be unlawful for any manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement for damages, including court costs and reasonable attorney fees of the dealer, arising out of complaints, claims or lawsuits including strict liability, […]
49-1624. DISCLOSURE OF DAMAGE REQUIRED. On any new vehicle, any uncorrected damage or any corrected damage exceeding six percent (6%) of the manufacturer’s suggested retail price, as measured by retail repair costs, must be disclosed in writing prior to delivery. Damage to glass, tire and bumpers is excluded from the six percent (6%) requirement when […]
49-1625. REPAIRED DAMAGE NOT GROUNDS FOR REJECTION. Repaired damage to a customer-ordered new vehicle, not exceeding the six percent (6%) requirement, shall not constitute grounds for rejection of the customer order. The customer’s right of rejection ceases upon his acceptance of delivery of the vehicle, provided disclosure as required in section 49-1624, Idaho Code, is […]
49-1626. PAYMENT FOR DELIVERY PREPARATION AND WARRANTY SERVICE. (1) Each manufacturer or distributor shall specify in writing to each of its dealers licensed in this state, the dealer’s obligations for predelivery preparation and warranty service on its products, compensate the dealer for service required of the dealer by the manufacturer or distributor, provide the dealer […]
49-1627. USE OF DEALER AND MANUFACTURER LICENSE PLATE. (1) Any dealer or manufacturer license plate issued may, during the calendar year for which issued, be transferred from one (1) vehicle to another owned or operated by such manufacturer or dealer, in pursuance of his business as a manufacturer or dealer. (2) Dealer plates shall not […]
49-1628. USE OF VEHICLE DEALER LOANER PLATE. (1) A dealer shall maintain a log showing the vehicle identification number, date, reason for use, and the name of the person authorized to use the plate. (2) The user of a loaner plate shall carry identification showing dealer name, number on plate, signature of dealer and year […]
49-1629. ODOMETERS. (1) Nothing in this chapter shall prevent the service, repair or replacement of an odometer, provided the mileage as defined in section 49-114, Idaho Code, indicated remains the same as before the service, repair or replacement. Where the odometer is incapable of registering the same mileage as before service, repair or replacement, the […]
49-1630. PURCHASER PLAINTIFF TO RECOVER COSTS AND ATTORNEY’S FEES. In any suit brought by the purchaser of a vehicle against the seller of that vehicle, the purchaser shall be entitled to recover his court costs and a reasonable attorney’s fee fixed by the court, if: (1) The suit or claim is based substantially upon the […]
49-1632. APPLICABILITY OF CHAPTER. (1) Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale, or has business dealings with respect to a new vehicle sale within this state, shall be subject to the provisions of this chapter and shall be subject to […]
49-1633. LIMITATIONS. (1) Actions arising out of any provision of this chapter shall be commenced within a four (4) year period of the accrual of the cause of action. If a person liable under this chapter conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to […]
49-1634. DEALER SALES — MINIMUM SALES REQUIRED FOR LICENSE RENEWAL. (1) A vehicle dealer shall certify upon application for renewal of his dealer’s license that during the preceding licensing year he sold at least five (5) vehicles, either at retail or wholesale. (2) Failure to sell or to verify the sale of a minimum of […]
