8-21C-3
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 both parties. (2) A dealer may
not sell a new recreational vehicle in this state without having first entered into a manufacturer
and dealer agreement with a manufacturer or distributor which has been signed by both parties.
(b) The manufacturer or distributor shall designate the area of sales responsibility exclusively
assigned to a dealer in the manufacturer and dealer agreement. Except as provided in subsection
(c), the manufacturer or distributor may not review or change the area of sales responsibility
without the consent of both parties or contract with another dealer for the sale of the same
line-make in the designated area until at...
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8-21C-4
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
agreement without cause, the manufacturer or distributor shall comply with Section 8-21C-5.
If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and
dealer agreement with cause, Section 8-21C-5 does not apply. (b) A manufacturer or distributor
has the burden of showing cause for terminating, canceling, or failing to renew a manufacturer
and dealer agreement with a dealer. For purposes of determining whether there is cause for
the proposed action, any of the following factors may be considered: (1) The extent of the
affected dealer's penetration in the area of sales...
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32-17-1
Section 32-17-1 Compensation by manufacturer, etc., for work performed by dealer or representative.
No manufacturer of motor vehicles, distributor, distributor branch or factory branch or officer,
agent or other representative thereof shall fail to compensate adequately and fairly its dealer
or representative for labor, parts or expenses incurred by the dealer or representative with
regard to factory warranty agreements performed by the dealer or representative. In no event
shall said manufacturer of motor vehicles, distributor, distributor branch or factory branch
pay to its dealer or representative a labor rate per hour for warranty work less than that
charged by said dealer or representative to its retail customer. Conversely, no franchised
dealer or representative shall charge its manufacturer, distributor, distributor branch or
factory branch a labor rate per hour in excess of the rate charged its retail customers. (Acts
1971, No. 2053, p. 3304, §1.)...
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8-21C-5
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 as
defined in subsection (f) of Section 8-21C-4, and the manufacturer or distributor fails to
cure the claimed deficiencies within the time provided in Section 8-21C-4, the manufacturer
or distributor, at the election of the dealer and within 45 days after termination, cancellation,
or nonrenewal, shall do all of the following: (1) Repurchase all new, untitled recreational
vehicles that were acquired and delivered to the dealership from the manufacturer or distributor
within 12 months before the effective date of the notice of termination, cancellation, or
nonrenewal that have not been used, except for demonstration purposes,...
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40-12-391
Section 40-12-391 License - Generally. (a) No person shall be licensed as a motor vehicle dealer
under Section 40-12-51, 40-12-62, or 40-12-169, nor shall any person engage in business as,
serve in the capacity of, or act as a new motor vehicle dealer, used motor vehicle dealer,
motor vehicle rebuilder, or motor vehicle wholesaler in this state, without first obtaining
a master dealer license as provided in this article and, if a new motor vehicle dealer or
a used motor vehicle dealer, a state sales tax number. (b) No person shall engage in the business
of buying, selling, exchanging, advertising, or negotiating the sale of new motor vehicles
unless he or she holds a valid master dealer license as a new motor vehicle dealer in this
state for the make or makes of new motor vehicles being bought, sold, exchanged, advertised,
or negotiated or unless a bona fide employee or agent of the licensee. (c) No person, other
than a motor vehicle dealer licensed under this article or a recorded...
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32-17-2
Section 32-17-2 Penalty. Any manufacturer of motor vehicles, distributor, distributor branch
or factory branch or officer, agent or other representative thereof, or any dealer or representative
of the same, who shall violate any provision of this chapter shall be guilty of a misdemeanor
and shall be fined a sum not less than $10.00 nor more than $500.00 for each such violation.
(Acts 1971, No. 2053, p. 3304, §2.)...
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8-21C-9
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 the time frame specified
in the manufacturer and dealer agreement and shall do either of the following: (1) Request
from the manufacturer or distributor authorization to replace the components, parts, and accessories
damaged or otherwise correct the damage. (2) Reject the vehicle within the time frame set
forth in subsection (d). (b) If the manufacturer or distributor refuses or fails to authorize
repair of the damage within 10 days after receipt of notification, or if the dealer rejects
the recreational vehicle because of damage, ownership of the new recreational vehicle shall
revert to the manufacturer or distributor. (c) The dealer shall...
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40-12-398
Section 40-12-398 Bond prerequisite to issuance of license. Before any master dealer license
may be issued to a new motor vehicle dealer, used motor vehicle dealer, motor vehicle rebuilder,
or motor vehicle wholesaler, the applicant shall deliver to the commissioner a good and sufficient
surety bond, executed by the applicant as principal and by a corporate surety company qualified
to do business in the state as surety, in the sum of not less than fifty thousand dollars
($50,000) or an amount as prescribed by the department. Such bond shall be in a form to be
approved by the commissioner, and shall be conditioned that the motor vehicle dealer, motor
vehicle rebuilder, or motor vehicle wholesaler shall comply with the conditions of any contract
made by such dealer in connection with the sale or exchange of any motor vehicle and shall
not violate any of the provisions of law relating to the conduct of the business for which
he or she is licensed. Such bond shall be payable to the...
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32-8-87
Section 32-8-87 Dismantling, destroying, changing identity of vehicle; certificate requirements;
insurance claims; "total loss"; removal of identification numbers, plates, etc.;
transfer of salvage vehicles; inspections; "component parts"; rebuilt vehicles;
flood vehicles; online verifications. (a) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title who scraps, dismantles, destroys, or changes the
motor vehicle in such a manner that it is not the same motor vehicle described in the certificate
of origin or certificate of title shall as soon as practicable cause the certificate of origin
or certificate of title, if any, and any other documents or information required by the department
to be mailed or delivered to the department for processing. The department shall, with the
consent of any holder of liens noted on the surrendered certificate, enter a cancellation
upon its records. Upon cancellation of a certificate of origin or certificate of...
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8-21C-11
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 by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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