40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...

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8-21C-6
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 required by the manufacturer or
distributor to determine if an objection to the sale may be made. In the absence of a breach
by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor
may not object to the proposed change in ownership unless any of the following circumstances
is present: (1) The prospective transferee has previously been terminated by the manufacturer
or distributor for breach of its dealer agreement. (2) The prospective transferee has been
convicted of a felony or any crime of fraud, deceit, or moral turpitude. (3) The prospective
transferee lacks any license required by law. (4) The prospective...
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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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40-17-177
Section 40-17-177 Report of address by distributor, storer, retail dealer, or manufacturer.
Every distributor, storer, retail dealer, or manufacturer engaged in the sale or withdrawal
of any oils, greases, or their substitutes, as herein defined, shall make a report on blanks
furnished by the Department of Revenue to the Department of Revenue showing the place and
post-office address at which he is engaged in the business of distributor, storer, retail
dealer, or manufacturer in any oils, greases, or their substitutes, as herein defined, which
information shall be entered by the Department of Revenue on a book kept for that purpose,
and should such distributor, manufacturer, storer, or retail dealer move his place of business
from one post-office address to another, such distributor, manufacturer, storer, or retail
dealer shall within 30 days thereafter notify the Department of Revenue of such removal, giving
the former place and post-office address from which the business has been...
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8-21C-10
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 its disputes to binding arbitration or otherwise
waive rights or responsibilities provided under this chapter. (b) As used in this section,
the term coerce includes, but is not limited to, threatening to terminate, cancel, or not
renew a manufacturer and dealer agreement without good cause or threatening to withhold product
lines the dealer is entitled to purchase pursuant to the manufacturer and dealer agreement
or delay product delivery as an inducement to amending the manufacturer and dealer agreement.
(Act 2011-636, p. 1529, §10.)...
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8-20-6
Section 8-20-6 Predelivery obligations. Every manufacturer or wholesaler or distributor, factory
branch, factory representative, distributor branch or distributor representative shall specify
to the motor vehicle dealer the delivery and preparation obligations of its motor vehicle
dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and
preparation obligations of its motor vehicle dealers and a schedule of the compensation to
be paid to its motor vehicle dealers for the work and services they shall be required to perform
in connection with such delivery and preparation obligations shall be presented to the dealer
and the obligations specified therein shall constitute any such dealer's only predelivery
obligations as between such dealer and such manufacturer or wholesaler or distributor. The
compensation as set forth on said schedule shall be reasonable. (Acts 1981, No. 81-390, p.
596, §6.)...
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40-12-264
Section 40-12-264 Time limit for purchase of tags or plates; dealer plates; manufacturer plates.
(a) Any person, including a motor vehicle dealer, acquiring a new or used motor vehicle may
be granted a grace period of 20 calendar days from date of acquisition to procure a license
tag or plate. (b) Notwithstanding Section 32-6-65, a new or used motor vehicle dealer who
has a current regulatory license required under this article and a dealer license as required
by Section 40-12-51 or Section 40-12-169 may purchase dealer license plates from the department
upon presentation of the current licenses and payment of the fee for a private passenger automobile
as provided in subdivision (1) of subsection (a) of Section 40-12-242 and subsection (a) of
Section 40-12-273 per dealer plate. An additional two dollar ($2) issuance fee shall also
be collected by the department. A new or used motor vehicle dealer that has a current regulatory
license required under this article and a dealer license as...
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8-20-9
Section 8-20-9 Transportation damages. (a) 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 occurring after acceptance of the new motor vehicle from the carrier and
before delivery to the ultimate purchaser. (b) Notwithstanding the terms, provisions, or conditions
of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles
occurring before delivery to a carrier or transporter. If a new motor vehicle dealer determines
the method of transportation, the risk of loss passes to the dealer upon delivery of the vehicle
to the carrier. In every other instance, the risk of loss remains with the manufacturer until
such time as the new motor vehicle dealer or his designee accepts the vehicle from the carrier.
(c) With respect to new or used vehicles sold or otherwise transferred by the manufacturer
to a new motor vehicle dealer, the manufacturer shall...
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8-20-8
Section 8-20-8 Warranty obligations of manufacturers and dealers to consumers. Every manufacturer
and new motor vehicle dealer shall fulfill the terms of any express or implied warranty concerning
the sale of a new motor vehicle to the public of the line make which is the subject of a contract
or franchise agreement between the parties. If it is determined by a court of competent jurisdiction
that either the manufacturer or new motor vehicle dealer, or both, have violated an express
or implied warranty, the court shall add to any award or relief granted an additional award
for reasonable attorney's fees. (Acts 1981, No. 81-390, p. 596, §8.)...
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8-20A-2
Section 8-20A-2 Obligations of manufacturer. (a) If a new motor vehicle does not conform to
any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer,
its agent, or its authorized dealer, and gives notice of the nonconforming condition during
the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make
such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition
thereof. Such repairs shall be required even after the expiration of the lemon law rights
period provided that notice of the nonconforming condition was first given during the lemon
law rights period and provided further that the manufacturer's obligation to repair the nonconforming
condition shall not extend beyond the period of 24 months following delivery of the vehicle
or 24,000 miles, whichever occurs first. (b) If, after reasonable attempts, the manufacturer,
its agent, or its authorized dealer is unable to conform the...
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