8-21B-12
Section 8-21B-12 Repurchase of items by supplier. Upon voluntary or involuntary termination,
nonrenewal, or discontinuance of the dealer agreement by the dealer or supplier, the supplier
shall repurchase from the dealer the following: (1) All heavy equipment which has been acquired
from the supplier within three years prior to the date of notice of the termination, nonrenewal,
or discontinuance of the dealer agreement and which has not previously been sold by the dealer.
The heavy equipment shall be repurchased at the net cost to the dealer. The heavy equipment
shall be delivered to the supplier at the dealer's premises. (2) All parts acquired by the
dealer from the supplier, or its approved sources, within seven years prior to the date of
notice of termination, nonrenewal, or discontinuance. The supplier shall repurchase the parts
at the net cost to the dealer. The parts shall be delivered to the supplier at the dealer's
premises. (3) Specialized repair tools, signage, books, and...
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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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8-21B-5
Section 8-21B-5 Amendment, termination, etc., of dealer agreement - Notice. (a) Except as provided
in subsection (d), a supplier shall provide a dealer at least 120 days' prior written notice
of any intention to amend, terminate, or decline to renew any dealer agreement. The notice
shall state all of the reasons for the intended amendment, termination, or nonrenewal. (b)
Where such reason or reasons for amendment, termination, or nonrenewal relate to a condition
or conditions which may be rectified by action of the dealer, the dealer shall have 90 days
from the date of notice from the supplier in which to take such action and, within such 90-day
period, shall give written notice to the supplier if and when such action is taken. If the
condition or conditions have been rectified by the dealer, then the proposed amendment, termination,
or nonrenewal shall be void and without legal effect. However, where the supplier contends
that action on the part of the dealer has not rectified one or...
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45-2-41.05
Section 45-2-41.05 Repurchase of inventory. If a dealership agreement is terminated by a grantor,
the grantor, at the option of the dealer, shall repurchase all inventories sold by the grantor
to the dealer for resale under the dealership agreement at the fair wholesale market value.
This section applies only to merchandise with a name, trademark, label, or other mark on it
which identifies the grantor. (Act 2008-462, p. 897, §6.)...
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45-49-41.04
Section 45-49-41.04 Repurchase of inventory. If a dealership agreement is terminated by a grantor,
the grantor, at the option of the dealer, shall repurchase all inventories sold by the grantor
to the dealer for resale under the dealership agreement at the fair wholesale market value.
This section applies only to merchandise with a name, trademark, label, or other mark on it
which identifies the grantor. (Act 2008-461, p. 894, § 6.)...
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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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8-20-7.1
Section 8-20-7.1 Compensation of dealers for recall repairs. (a) For the purposes of this section,
the following words have the following meanings: (1) MANUFACTURER. A manufacturer, distributor
or wholesaler, factory branch, or distributor branch. (2) STOP-SALE ORDER. A notification
issued by a manufacturer to its franchised new motor vehicle dealers stating that certain
used vehicles in inventory shall not be sold or leased, at either retail or wholesale, due
to a federal safety recall for a defect or a noncompliance, or a federal emissions recall.
(b) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts
required by the manufacturer to perform recall repairs. Compensation for recall repairs shall
be reasonable. If parts or a remedy are not reasonably available to perform a recall service
or repair on a used vehicle held for sale by a dealer authorized to sell and service new vehicles
of the same line-make within 30 days of the manufacturer issuing the...
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45-2-41.04
Section 45-2-41.04 Termination, modification, etc., of dealership agreement - Notice. Provided
good cause exists for the purposes of an amendment or modification, termination, cancellation,
nonrenewal, or discontinuance of a dealership agreement, a grantor shall provide a dealer
at least 90 days' prior written notice of the amendment or modification, termination, cancellation,
nonrenewal, or discontinuance of the dealership agreement. The notice shall state all of the
reasons for the amendment or modification, termination, cancellation, nonrenewal, or discontinuance
of a dealership agreement and shall provide that the dealer has 90 days in which to rectify
any claimed deficiency. If the deficiency is rectified within 90 days the notice shall be
void. (Act 2008-462, p. 897, §5.)...
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45-49-41.03
Section 45-49-41.03 Termination, modification, etc., of dealership agreement Notice. Provided
good cause exists for the purposes of an amendment or modification, termination, cancellation,
nonrenewal, or discontinuance of a dealership agreement, a grantor shall provide a dealer
at least 90 days' prior written notice of the amendment or modification, termination, cancellation,
nonrenewal, or discontinuance of the dealership agreement. The notice shall state all of the
reasons for the amendment or modification, termination, cancellation, nonrenewal, or discontinuance
of a dealership agreement and shall provide that the dealer has 90 days in which to rectify
any claimed deficiency. If the deficiency is rectified within 90 days the notice shall be
void. (Act 2008-461, p. 894, § 5.)...
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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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