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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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8-20-3
Section 8-20-3 Definitions. For the purpose of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) COERCE. The failure to act in good faith in performing
or complying with any term or provision of the franchise or dealer agreement, except that
recommendation, persuasion, urging, or argument shall not be deemed to constitute a lack of
good faith. (2) DEALER AGREEMENT or FRANCHISE. The written contract between any new motor
vehicle manufacturer and any new motor vehicle dealer which purports to fix the legal rights
and liabilities of the parties to such agreement or contract, and pursuant to which the dealer
purchases and resells the franchise product or leases or rents the dealership premises. (3)
DISTRIBUTOR or WHOLESALER. A person, whether a resident or a nonresident, other than a manufacturer,
who sells or distributes motor vehicles to motor vehicle dealers or who...
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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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8-21C-1
Section 8-21C-1 Legislative intent; applicability. (a) It is the intent of the Legislature
to protect the public health, safety, and welfare of the residents of the state by regulating
the relationship between recreational vehicle dealers, manufacturers, and distributors, by
maintaining competition, and by providing consumer protection and fair trade. (b) This chapter
applies to manufacturer and dealer agreements entered into on or after October 1, 2011. (c)
Chapter 20 of Title 8, shall not apply to any recreational vehicle manufacturer and dealer
agreement to which this chapter applies. This chapter does not otherwise amend or affect Chapter
20 of Title 8. (Act 2011-636, p. 1529, §1.)...
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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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32-12A-7
Section 32-12A-7 Fees; renewal of registration. (a) The fee for a three-year registration of
an all-terrain vehicle or recreational off-highway vehicle under this section, other than
those registered by a dealer or manufacturer, is as follows: (1) For public use, forty-five
dollars ($45). (2) For private use, fifteen dollars ($15). (3) For a duplicate or transfer,
five dollars ($5). (b) In addition to the fees provided above, an issuance fee of two dollars
fifty cents ($2.50) shall be charged for the issuance of registration by an agent of the agency
pursuant to this chapter. The fee shall be retained by the agent for the use of the office
of the agent. (c) Every owner of an all-terrain vehicle or recreational off-highway vehicle
may renew registration in a manner prescribed by the secretary upon payment of the renewal
registration fees. (Act 2017-395, §7.)...
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40-12-390
Section 40-12-390 Definitions. The following words and phrases, when used in this article,
shall have the following meanings: (1) COMMISSIONER. The state Commissioner of Revenue. (2)
DEPARTMENT. The Department of Revenue. (3) DISTRIBUTOR. Any person engaged in the business
of selling or distributing new motor vehicles to new motor vehicle dealers. (4) FACILITATOR.
Any person or his or her designee who facilitates an off-site sale licensed under Section
40-12-395. The term may include the owner of the property where the off-site sale is being
conducted. (5) MANUFACTURER. Any person engaged in the business of manufacturing or assembling
new and unused motor vehicles. (6) MASTER DEALER LICENSE. The license issued by the department
pursuant to this article. (7) MOTOR VEHICLE. Any motor vehicle as defined in Section 40-12-240,
but the term shall not include any trailer not required to have a certificate of title. (8)
MOTOR VEHICLE REBUILDER. Any person engaged in the business of making or...
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40-12-395
Section 40-12-395 License - Supplemental licenses; off-site sales. (a) A person licensed under
this article shall obtain a supplemental license for each additional place of business, in
a manner as prescribed by the commissioner and upon payment of an additional application fee
of five dollars ($5) for each additional location. The signage and other requirements of Section
40-12-392 shall apply to each additional place of business. Only one licensed dealer shall
operate at the same place of business. (b) Notwithstanding the requirement that sales of new
and used motor vehicles shall be made only from the permanent location of the new or used
motor vehicle dealer, such dealers may conduct sales of new and used motor vehicles from locations
off-site of their permanent locations on the following conditions: (1) The off-site sales
events shall not exceed three per dealer per license year with each sale not to exceed 10
consecutive calendar days in duration. Off-site sales of new motor...
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8-20-2
Section 8-20-2 Declaration of purpose. (a) The Legislature finds and declares that the distribution
and sale of motor vehicles within this state vitally affect the general economy of the state
and the public interest and the public welfare, and that in order to promote the public interest
and the public welfare, and in the exercise of its police power, it is necessary to regulate
motor vehicle manufacturers, distributors, dealers, and their representatives and to regulate
the dealings between manufacturers and distributors or wholesalers and their dealers in order
to prevent fraud and other abuses upon the citizens of this state and to protect and preserve
the investments and properties of the citizens of this state. (b) This chapter shall not apply
to any recreational vehicle manufacturer and dealer agreement to which Chapter 21C of this
title applies. (Acts 1981, No. 81-390, p. 596, §2; Act 2011-636, p. 1529, §12.)...
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8-20-13
Section 8-20-13 Procedure, protection, and remedies available to motor vehicle distributors.
All procedures, protections, and remedies afforded to a motor vehicle dealer under Sections
8-20-1 through 8-20-12 of this chapter shall be available to a motor vehicle distributor whose
distributor agreement is terminated, canceled, not renewed, modified or replaced by a manufacturer
or an importer. (Acts 1991, No. 91-567, p. 1048, §1.)...
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