§1171-A. Corporate affiliates A franchisor may not use any subsidiary corporation, affiliated corporation, other corporation in which it owns or controls more than 5% of the stock or other corporation, partnership, association or person to accomplish what would otherwise be prohibited conduct under this chapter on the part of the franchisor. This section does not […]
§1171-B. Manufacturer; license 1. License. Effective January 1, 1999, the Secretary of State may grant a manufacturer license under the following conditions. A. Except as provided by this section, a person may not engage in business or serve in the capacity of or act as a manufacturer or distributor without obtaining a license for […]
§1171. Definitions As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings: [PL 1975, c. 573 (NEW).] 1. Distributor or wholesaler. “Distributor” or “wholesaler” means any person who sells or distributes new or used motor vehicles to motor vehicle dealers or who maintains distributor representatives within […]
§1172. Advertisements 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 motor vehicle within the State shall be subject to this chapter. [PL 1975, c. 573 (NEW).] SECTION HISTORY PL 1975, c. 573 […]
§1173-A. Mediation (REPEALED) SECTION HISTORY PL 1997, c. 521, §7 (NEW). PL 2003, c. 356, §5 (RP).
§1173. Attorney General and civil remedies 1. Civil remedies. Any franchisee or motor vehicle dealer who suffers financial loss of money or property, real or personal, or who has been otherwise adversely affected as a result of the use or employment by a franchisor of an unfair method of competition or an unfair or deceptive […]
§1174-A. Limitations on establishing or relocating dealerships No new motor vehicle dealership may be established and no existing motor vehicle dealership may be relocated, except as follows. [PL 1981, c. 331, §7 (NEW).] 1. Notification. In the event that a manufacturer seeks to enter into a franchise establishing an additional new motor vehicle dealership […]
§1174-B. Transportation damages 1. Liability of a new dealer after acceptance. Notwithstanding the terms, provisions or conditions of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to new motor vehicles after acceptance from the carrier and before delivery to the ultimate purchaser. [PL 1981, c. 331, §7 (NEW).] […]
§1174-C. Survivorship 1. Right of family member. The right of a designated family member to succeed in dealer ownership is governed by the following provisions. A. A designated family member of a deceased, incapacitated or retiring new motor vehicle dealer, which family member has been designated under the will of the dealer or in […]
§1174-D. Compensation for new vehicles with safety defect 1. Compensation required. A manufacturer must compensate a motor vehicle dealer pursuant to 49 United States Code, Section 30116 (2016). A manufacturer is not required by this subsection to pay more than the total value of the affected new motor vehicle to a dealer. [PL 2017, […]
§1174. Prohibited conduct The following acts shall be deemed unfair methods of competition and unfair and deceptive practices. It shall be unlawful for any: [PL 1975, c. 573 (NEW).] 1. Damage to public. Manufacturer, factory branch, factory representative, distributor or wholesaler, distributor branch, distributor representative or motor vehicle dealer to engage in any action […]
§1175. Delivery and preparation obligations; product liability and implied warranty complaints Every manufacturer shall specify to the dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. The delivery and preparation obligations of its motor vehicle dealers and a schedule of the compensation to […]
§1176-A. Audits A manufacturer may reasonably and periodically audit a new motor vehicle dealer to determine the validity of paid claims or any charge-backs for customer or dealer incentives. Audits of incentive payments may be only for the 12-month period immediately preceding the date notifying the dealer that an audit is to be conducted. […]
§1176. Warranty If a motor vehicle franchisor requires or permits a motor vehicle franchisee to perform labor or provide parts in satisfaction of a warranty created by the franchisor, the franchisor shall properly and promptly fulfill its warranty obligations, in the case of motor vehicles over 10,000 pounds gross vehicle weight rating, shall adequately and […]
§1177. Unreasonable restrictions It shall be unlawful directly or indirectly to impose unreasonable restrictions on the motor vehicle dealer or franchisee relative to transfer, sale, right to renew, termination, discipline, noncompetition covenants, site-contract whether by sublease, collateral pledge of lease, or otherwise, right of first refusal to purchase, option to purchase, compliance with subjective standards […]
§1178. Covered under written or oral agreements 1. Agreements subject to this chapter. Written or oral agreements between a manufacturer, wholesaler or distributor with a motor vehicle dealer including, but not limited to, the franchise offering, the franchise agreement, sales agreements, policies and procedures agreements, bulletins or manuals, sales of goods, services or advertising, leases […]
§1179. Franchise interest, vested rights Notwithstanding any other provision of law, it shall be unlawful for the manufacturer, wholesaler, distributor or franchisor without due cause, to fail to renew a franchise on terms then equally available to all its motor vehicle dealers, to terminate a franchise or to restrict the transfer of a franchise unless […]
§1180. Franchisee’s right to associate Any franchisee shall have the right of free association with other franchisees for any lawful purpose. [PL 1975, c. 573 (NEW).] SECTION HISTORY PL 1975, c. 573 (NEW).
§1181. Discounts and other inducements In connection with a sale of a motor vehicle or vehicles to the State or to any political subdivision of the State, a manufacturer, distributor, wholesaler or corporate affiliate may not offer any discounts, refunds or any other similar type of inducement to any dealer without making the same offer […]
§1182-A. Exemption for installation on previously assembled truck chassis This chapter does not apply to a person, partnership, firm, association, corporation or trust, resident or nonresident, that manufactures, assembles, distributes, sells, leases, solicits or advertises the sale or lease of a motor vehicle that consists of the installation on a previously assembled truck chassis in […]
