Management

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[su_spoiler title="ALABAMA"]

Governing Statutes
Alabama Code Title 8. 20

RMA
The area within a radius of 20 miles around an existing dealer or the area of responsibility defined in the franchise, whichever is greater; except that, where a manufacturer is seeking to establish an additional new motor vehicle dealer and there are one or more existing new motor vehicle dealers of the same line make within a 10-mile radius of the proposed dealer site, the relevant market area shall in all instances be the area within a radius of 10 miles around an existing dealer. OEM may not "assign or change a dealer's area of responsibility under the franchise or dealer agreement arbitrarily or without due regard to the present or projected future pattern of motor vehicle sales and registrations within the dealer's market area and without first having provided the dealer with written notice of the change in the dealer's area of responsibility and a detailed description of the change and reasons therefor."

Relocation

Renovation
Must be reasonable

Purchasing

Vehicle Allotments
A performance standard, sales objective, or program for measuring dealership performance that may have a material effect on a dealer, including the dealer's right to payment under any incentive or reimbursement program shall be fair, reasonable, equitable, and based on accurate information.

OEM Files
OEM must disclose upon written request therefor, the basis upon which new motor vehicles of the same line make are allocated or distributed to motor vehicle dealers in the state and the basis upon which the current allocation or distribution is being made or will be made to such motor vehicle dealer.

Warranty Reimbursement
The compensation that the manufacturer or distributor pays to the new motor vehicle dealer for parts used in warranty or recall related service shall be fair and reasonable and, at the option of the new motor vehicle dealer, may be determined pursuant to subsection e of this section.... A manufacturer or distributor may not recover all or any portion of its costs for compensating a dealer for warranty parts and service, including parts and service associated with vehicle recalls, either by reduction in the amount due the dealer or by separate charge, surcharge, administrative fee or other imposition.

Termination
Good cause, six months notice & cure; enumerated compensation requirements specifically exclude motorcycle dealers

Franchise Definition
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.

Dispute Recourse
Court

Dealer Association
http://alapowersportsassoc.com/

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[su_spoiler title="ALASKA"]

Governing Statutes
AS 45.25.010 to 45.25.990

RMA

Relocation
A manufacturer may not require, coerce, or attempt to coerce a new motor vehicle dealer to change the location of the new motor vehicle dealership or to make any substantial alterations to the new motor vehicle dealership premises or facilities if the change or alteration would be unreasonable or if there is not a sufficient supply of new motor vehicles to justify the expansion in light of the current market and economic conditions.

Renovation
Must be reasonable

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement

Termination
Good cause, 60 days notice and cure

Franchise Definition
“Franchise” means a written arrangement for a definite or indefinite period in which a manufacturer, distributor, or motor vehicle wholesaler grants to a motor vehicle dealer a license, sales and service agreement, or contract of any kind to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the wholesale or retail marketing of related motor vehicles or services. The terms and conditions in an agreement between a manufacturer and a new motor vehicle dealer in this state, including a motor vehicle franchise agreement, that are inconsistent with the law of this state do not have any force or effect in this state.

Dispute Recourse
Alaska courts

Dealer Association
http://amcda.com

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[su_spoiler title="ARIZONA"]

Governing Statutes
ARS 28 Ch. 10 Art. 5 4451-4463

RMA
10 miles "by the shortest street route," 20 miles in counties with fewer than 200,000 residents. " Area of responsibility" means the area surrounding an individual dealer that the factory designates as that dealer's individual primary geographic territory for the purpose of marketing, promoting, selling and leasing new motor vehicles. In the absence of the factory designated area, the area of responsibility is that geographical area surrounding a dealer that lies closer to that dealer than to other dealers of the same line-make.

Relocation
Not allowed as a condition of business

Renovation
Reasonable and justifiable in light of current and reasonably foreseeable economic conditions... or unless the alteration is reasonably required to effectively display and service a vehicle based on the technology of the vehicle.

Purchasing
A factory may require a dealer to purchase reasonable quantities of advertising materials, purchase reasonable quantities of special tools required to properly service a motor vehicle and undertake reasonable salesperson or service person training related to the motor vehicle as a condition of receiving a motor vehicle.

Vehicle Allotments
Fair, reasonable and equitable vehicle allocation

OEM Files

Warranty Reimbursement
The new motor vehicle dealer's retail labor rate shall be determined by dividing the amount of the dealer's total labor sales contained in the submitted repair orders by the total number of labor hours that generated those sales. The new motor vehicle dealer's retail rate for parts shall be a percentage determined by dividing the total sales for parts in the submitted repair orders by the new motor vehicle dealer's total cost for those parts, minus one, and then multiplied by one hundred to produce a percentage. Declared rates are presumed to be fair and reasonable except that a manufacturer or distributor, within thirty days after receiving the new motor vehicle dealer's submission, may rebut the presumption by reasonably substantiating that the rate or rates are inaccurate or unreasonable compared to other similarly situated same line-make new motor vehicle dealers in the state.

Termination
Good cause; seven legal elements

Franchise Definition
"Franchise"" means a contract between two or more persons if all of the following conditions are included:

(a) A commercial relationship of definite duration or continuing indefinite duration is involved.

(b) The franchisee is granted the right to offer, sell and service in this state new motor vehicles manufactured or distributed by the franchisor.

(c) The franchisee, as a separate business, constitutes a component of the franchisor's distribution system.

(d) The operation of the franchisee's business is substantially associated with the franchisor's trademark, service mark, trade name, advertising or other commercial symbol designating the franchisor.

(e) The operation of the franchisee's business is substantially reliant on the franchisor for the continued supply of new motor vehicles, parts and accessories.

Dispute Recourse
Department-appointed ALJ

Dealer Association

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[su_spoiler title="ARKANSAS"]

Governing Statutes
Arkansas Motor Vehicle Commission Act Arkansas Code § 23-112.101-107 and 401-806

RMA
10 mile radius; change of DAT requires 30 days' notice.

Relocation
Reasonable and justifiable in light of the current and reasonably foreseeable projections of economic conditions, financial expectations, and the motor vehicle dealer's market. Denial of franchise relocation: The burden of proof is on the manufacturer or distributor to show it has good cause for granting the new franchise, except when an existing franchisee initiated the relocation.

Renovation
Incentive penalties allowed for refusing renovation after seven years

Purchasing
Dealer may choose vendor of renovation materials

Vehicle Allotments

OEM Files

Warranty Reimbursement
Prevailing retail rates, compared to other dealers in the area (Act 1055)

Termination
Just cause, 11 legal elements

Franchise Definition
"Franchise"" means one (1) or more contracts between a franchised dealer as franchisee and either a manufacturer or a distributor, importer, second-stage manufacturer, or converter as franchiser under which:
(A) The franchisee is granted the right to sell, service, or sell and service new motor vehicles manufactured or distributed by the franchiser;
(B) The franchisee as an independent business is a component of the franchiser's distribution system;
(C) The franchise is substantially associated with the franchiser's trademark, trade name, or commercial symbol;
(D) The franchisee's business is substantially reliant on the franchiser for a continued supply of motor vehicles, parts, or accessories for the conduct of its business; or
(E) (i) Any right, duty, or obligation granted or imposed by this chapter is affected. (ii) "'Franchise' includes a written communication from a franchiser to a franchisee by which a duty is imposed upon the franchisee;"

Dispute Recourse
AMVB Dealers may recover attorney fees upon prevailing

Dealer Association
http://camda.net/Home/pg/membership

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[su_spoiler title="CALIFORNIA"]

Governing Statutes
California Vehicle Code Section 11713-11740

RMA
Generally, "the 'relevant market area' is any area within a radius of 10 miles from the site of a potential new dealership." For purposes of allotments, "a geographic area specified in a franchise that is used by the franchisor for the purpose of evaluating the franchisee's performance of its sales and service obligations."

Relocation

Renovation
OEM may not "Require, by contract or otherwise, a dealer to make a material alteration, expansion, or addition to any dealership facility, unless the required alteration, expansion, or addition is reasonable in light of all existing circumstances, including economic conditions
and advancements in vehicular technology." Purchasing "A required facility alteration, expansion, or addition shall not be deemed reasonable if it requires that the dealer purchase
goods or services from a specific vendor when goods or services of substantially similar kind, quality, and general design concept are available from another vendor." OEMs may require approval.

Vehicle Allotments

OEM Files

Warranty Reimbursement
In determining the adequacy and fairness of the compensation, the franchisee's effective labor rate charged to its various retail customers may be considered together with other relevant criteria.

Termination
Good cause, seven legal elements; compensation requirements

Franchise Definition
"A “franchise” is a written agreement between two or more persons having all of the following conditions:
(1) A commercial relationship of definite duration or continuing indefinite duration.
(2) The franchisee is granted the right to offer for sale or lease, or to sell or lease at retail new motor vehicles or new trailers subject to identification pursuant to Section 5014.1 manufactured or distributed by the franchisor or the right to perform authorized warranty repairs and service, or the right to perform any combination of these activities.
(3) The franchisee constitutes a component of the franchisor's distribution system.
(4) The operation of the franchisee's business is substantially associated with the franchisor's trademark, trade name, advertising, or other commercial symbol designating the franchisor.
(5) The operation of a portion of the franchisee's business is substantially reliant on the franchisor for a continued supply of new vehicles, parts, or accessories. Does not include stand-alone authorized service facilities.

Dispute Recourse
New Motor Vehicle Board

Dealer Association
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB525

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[su_spoiler title="COLORADO"]

Governing Statutes
Colorado Powersports Vehicles, Colo. Rev. Stat. 12-6-501-33

RMA
(Updated, July 2017) RMA defined as the larger of area set in franchise agreement or a 10-mile radius; requires 90 days notice before "Modifying, replacing, or attempting to modify or replace the franchise or selling agreement of a powersports dealer, including a change in the dealer's geographic area upon which sales or service performance is measured, if the modification would substantially and adversely alter the rights or obligations of the dealer under the current franchise or selling agreement or would substantially impair the sales or service obligations or the dealer's investment."

Relocation
OEM may not "condition the sale, transfer, relocation, or renewal of a franchise agreement or to condition sales, services, parts, or finance incentives upon site control or an agreement to renovate or make improvements to a facility; except that voluntary acceptance of such conditions by the dealer shall not constitute a violation."

Renovation
(Updated, July 2017) OEM may not "require, coerce, or attempt to coerce a powersports dealer to substantially alter a facility or premises if the facility or premises has been altered within the last 10 years at a cost of more than $25,000, and the alteration was required and approved by the manufacturer, distributor, or manufacturer representative; except that this paragraph (w) does not apply to improvements made to comply with health or safety laws or to accommodate the technology requirements necessary to sell or service a line-make" or technological improvements to support electric or other new technologies.

Purchasing

Vehicle Allotments
OEM may not "discriminate between or refuse to offer to its same line-make franchised dealers all models manufactured for that line-make based upon unreasonable sales and service standards" and must "make practically available an incentive, rebate, bonus, or other similar benefit to a powersports vehicle dealer that is offered to another powersports vehicle dealer of the same line-make within this state.”

OEM Files

Warranty Reimbursement
Not specified

Termination
(Updated, July 2017) Just cause, six legal elements; termination stayed immediately upon filing protest; prevailing party may recover legal costs.

Franchise Definition
"'Franchise' means the authority to sell or service and repair powersports vehicles of a designated line-make granted through a sales, service, and parts agreement with a manufacturer, distributor, or manufacturer representative."

Dispute Recourse
(Updated, July 2017) Motor Vehicle Dealer Board or district court

Dealer Association
http://pdaco.org/

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[su_spoiler title="CONNECTICUT"]

Governing Statutes
Conn. Gen. Stat. Title 42, Chap. 739, §42-133r to §42-133ee, Conn. Gen. Stat. Title 42, Chap. 743b, §42-179(d)

RMA

Relocation

Renovation
Reasonable and justifiable in light of current and reasonably foreseeable projections of economic conditions, financial expectations, availability of additional vehicle allocation and such dealer’s market for the sale of vehicles.

Purchasing
Local sourcing bill provision pending

Vehicle Allotments
Disclose to any dealer, handling the same line make, the system of allocation, including, but not limited to, a complete breakdown by model, color, equipment and other items or terms, a concise listing of dealerships and an explanation of the derivation of the allocation system, including its mathematical formula in a clear and comprehensible form.

OEM Files

Warranty Reimbursement
Prevailing retail price

Termination
Good cause, 11 legal elements

Franchise Definition
“Franchise” means an oral or written agreement or arrangement in which (1) a franchisee is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor, provided nothing contained herein shall be deemed to create a franchisor-franchisee relationship between the grantor and grantee of a lease, license or concession to sell goods or services upon or appurtenant to the premises of the grantor, which premises are occupied by the grantor primarily for its own independent merchandising activities; and (2) the operation of the franchisee’s business pursuant to such plan or system is substantially associated with the franchisor’s trademark, service mark, trade name, logotype, advertising or other commercial symbol designating the franchisor or its affiliate, and includes any agreement between a manufacturer, refiner or producer and a distributor, wholesaler or jobber, between a manufacturer, refiner or producer and a retailer, or between a distributor, wholesaler or jobber and a retailer.

Dispute Recourse
Arbitration, Commissioner of Motor Vehicles, then courts

Dealer Association
https://www.cga.ct.gov/current/pub/chap_739.htm#sec_42-133L

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[su_spoiler title="DELAWARE"]

Governing Statutes
Title 6, Ch. 49

RMA
The area within a radius of 10 miles from the intended site of a proposed additional dealership.

Relocation

Renovation
OEM may not "require, coerce or attempt to coerce a dealer to substantially alter a facility or premises if the facility or premises has been altered within the last 7 years at a cost of more than $250,000 and the alteration was required and approved by the manufacturer, except for improvements made to comply with health or safety laws, to accommodate the technology requirements necessary to sell or to service a motor vehicle or for alterations made pursuant to voluntary agreements between a dealer and a manufacturer where separate and valuable consideration has been offered and accepted."

Purchasing
OEM may not require a dealer "to purchase nonline, make-specific goods, services or design elements from the manufacturer or its designated sources if the desired results can be produced through alternative means, except for parts or when necessary to protect the manufacturer's trademark or brand name."

Vehicle Allotments

OEM Files

Warranty Reimbursement
Dealer's rate charged to nonwarranty customers for parts and labor shall be established by the dealer submitting to the manufacturer 100 sequential customer paid service repair orders or 90 days of customer paid service repair orders, whichever is less, covering like repairs made no more than 180 days before the submission of such customer paid service repair orders and declaring the schedule of compensation. Contains exclusions from the calculation.

Termination
Good cause; 180 days notice and cure; compensation obligations

Franchise Definition
"Franchise'' means the written agreement or 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.

Dispute Recourse
Public Service Commission, appeals to court

Dealer Association

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[su_spoiler title="FLORIDA"]

Governing Statutes
FS 320

RMA
The manufacturer shall designate the area of sales responsibility exclusively assigned to a dealer in the manufacturer/dealer agreement and may not change such area or contract with another dealer for sale of the same line-make in the designated area during the duration of the agreement. The area of sales responsibility may not be reviewed or changed until 1 year after the execution of the manufacturer/dealer agreement.

Relocation

Renovation
(Updated, June 28, 2017) If an applicant or licensee establishes a program, standard or policy, or in any manner offers a bonus, incentive, rebate, or other benefit to a motor vehicle dealer which is based, in whole or in part, on the construction of new sales or service facilities or the remodeling, improvement, renovation, expansion, replacement, or other alteration of the motor vehicle dealer's existing sales or service facilities, including installation of signs or other image elements, a motor vehicle dealer who completes such construction, alteration or installation in reliance upon such program, standard, policy, bonus, incentive, rebate or other benefit is deemed to be in full compliance with the applicant's or licensee's requirements related to the new, remodeled, improved, renovated, expanded, replaced, or altered facilities, signs and image elements for 10 years after such completion.

Purchasing
(Updated, June 28, 2017) OEM may not require or coerce dealer to purchase goods or services from a vendor selected, identified, or designated by the OEM, or one of its parents, subsidiaries, divisions, or affiliates, by agreement, standard, policy, program, incentive provision, or otherwise, without making available to the motor vehicle dealer the option to obtain the goods or services of substantially similar design and quality from a vendor chosen by the motor vehicle dealer.

Vehicle Allotments
(Updated, June 28, 2017) If dealer has renovated to OEM specs, for 10 years the dealer will not be eligible for any benefit under the revised or new program but shall remain entitled to all benefits under the prior program, plus any increase in benefits between the prior and revised or new programs.

OEM Files
(Updated, June 28, 2017) OEM which enforces against any dealer any performance measurement criteria shall, upon the request of the dealer, describe in writing to the motor vehicle dealer, in detail, how the performance measurement criteria were designed, calculated, established, and uniformly applied.

Warranty Reimbursement
The compensation of a dealer for warranty labor may not be less than the lowest retail labor rates actually charged by the dealer for like nonwarranty labor as long as such rates are reasonable.

Termination
Good cause; 120 days' notice and cure; compensation obligations

Franchise Definition
“Franchised motor vehicle dealer” means any person who engages in the business of repairing, servicing, buying, selling, or dealing in motor vehicles pursuant to an agreement as defined in s. 320.60(1).

Dispute Recourse
Department of Highway Safety and Motor Vehicles/Division of Administrative Hearings

Dealer Association
http://www.florida-motorcycle.org/index.cfm/referer/content.contentItem/ID/175/item/7961/

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[su_spoiler title="GEORGIA"]

Governing Statutes
Motor Vehicle Fair Practices Act, GC Title 10, Ch. 1.22.

RMA
The area located within an eight-mile radius of an existing dealership.

Relocation

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
Reasonable compensation for parts reimbursement and labor rates under this Code section, the principal factors to be considered shall be the retail price paid to dealers for parts and the prevailing hourly labor rates paid to dealers doing the repair, work, or service and to other dealers in the community in which the dealer doing the repair, work, or service is doing business for the same or similar repair, work, or service. However, in no event shall parts reimbursement paid to the dealer be less than the retail price for such parts being paid to such dealer by nonwarranty customers for nonwarranty parts replacement, and in no event shall the hourly labor rate paid to a dealer for such warranty repair, work, or service be less than the rate charged by such dealer for like repair, work, or service to nonwarranty customers for nonwarranty repair, work, or service.

Termination
Good cause; 180 days' notice and cure for sales deficiencies; compensation requirements; OEM may not "cancel a franchise or to take any adverse action against a dealer based in whole or in part on the failure of the dealer to meet the reasonable performance criteria established by the franchisor in light of existing circumstances, including but not limited to current and forecasted economic conditions, or when that failure is due to the failure of the franchisor to supply, within a reasonable period of time, new motor vehicles ordered by or allocated to the dealer."

Franchise Definition
Defined as "the written agreement or contract between any franchisor and any 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 motor vehicles or leases or rents the dealership facilities. "

Dispute Recourse
Motor Vehicle Commissioner/Department of Revenue; appeals to courts

Dealer Association

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[su_spoiler title="HAWAII"]

Governing Statutes
HRS 437.51-58

RMA
"In a county with a population of less than five hundred thousand persons according to the most recent data of the United States Census Bureau or the data of the department of business, economic development, and tourism, the relevant market area shall be the county in which the dealer is located; or in a county with a population of more than five hundred thousand persons according to the most recent data of the United States Census Bureau or the data of the department of business, economic development, and tourism, the relevant market area shall be within a radius of six miles from the dealership location."

Relocation

Renovation
OEM may not "require a dealer to construct, renovate, or make substantial alterations to the dealer's facilities unless the manufacturer or distributor can demonstrate that such construction, renovation, or alteration requirements are reasonable and justifiable based on reasonable business consideration, including current and reasonably foreseeable projections of economic conditions existing in the automotive industry at the time such action would be required of the dealer."

Purchasing

Vehicle Allotments
OEM may not "implement or establish a system of motor vehicle allocation or distribution to one or more of its dealers that is unfair, inequitable, or unreasonably discriminatory. As used in this paragraph, 'unfair' includes without limitation, requiring a dealer to accept new vehicles not ordered by the dealer or the refusal or failure to offer to any dealer all models offered to its other same line make dealers in the state."

OEM Files

Warranty Reimbursement
In no event shall any manufacturer or distributor pay its dealers a markup on parts for warranty work that is less than that charged by the dealer to the retail customers of the dealer; provided that such dealer's retail parts markup is not unreasonable when compared with that of same line make authorized franchise dealers of the manufacturer or distributor for identical merchandise or services in the State.

Termination
Good cause, seven legal elements

Franchise Definition
60 days' notice; 180 days' notice and cure for sales quotas; compensation requirements

Dispute Recourse
Office of administrative hearings of the department of commerce and consumer affairs; judicial review

Dealer Association

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[su_spoiler title="IDAHO"]

Governing Statutes
Title 49 ch. 16

RMA
Within a radius of ten (10) miles from where the same line is represented

Relocation

Renovation
OEM may not require dealer to "expand facilities without a written guarantee of a sufficient supply of new vehicles so as to justify an expansion, in light of the market and economic conditions; or make significant modifications to an existing dealership or to construct a new vehicle dealership facility without providing a written guarantee of a sufficient supply of new vehicles so as to justify modification or construction, in light of the market and economic conditions."

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
OEM may not "unfairly discriminate among its dealers with respect to warranty reimbursement."

Termination
Good cause and good faith.

Franchise Definition
"Franchise" means a sales, service and parts agreement or any other contract or agreement between a dealer and a manufacturer of new vehicles or its distributor or factory branch by which the dealer is authorized to engage in the business of selling any specified make or makes of new vehicles.

Dispute Recourse
Idaho Transportation Board

Dealer Association

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[su_spoiler title="ILLINOIS"]

Governing Statutes
815 ILCS 710

RMA
Radius of 10 miles from the principal location of a franchise or dealership if said principal location is in a county having a population of more than 300,000 persons; if the principal location of a franchise or dealership is in a county having a population of less than 300,000 persons, then "relevant market area" shall mean the area within a radius of 15 miles

Relocation
OEM may not "require a motorcycle dealer to relocate to a new or alternate facility."

Renovation

Purchasing
OEM may not "require a motorcycle dealer to utilize manufacturer approved floor fixtures for the display of any product that is not a product of the manufacturer" or "require a motorcycle dealer to purchase lighting fixtures that are to be installed in the dealership only from the manufacturer's approved vendors."

Vehicle Allotments
OEM may not "adopt, change, establish or implement a plan or system for the allocation and distribution of new motor vehicles to motor vehicle dealers which is arbitrary or capricious or to modify an existing plan so as to cause the same to be arbitrary or capricious."

OEM Files
OEM may not "fail or refuse to advise or disclose to any motor vehicle dealer having a franchise or selling agreement, upon written request therefor, the basis upon which new motor vehicles of the same line make are allocated or distributed to motor vehicle dealers in the State and the basis upon which the current allocation or distribution is being made or will be made to such motor vehicle dealer."

Warranty Reimbursement
In no event shall such compensation fail to include reasonable compensation for diagnostic work, as well as repair service, labor, and parts. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. In the determination of what constitutes reasonable compensation under this Section, the principal factor to be given consideration shall be the prevailing wage rates being paid by the dealer in the relevant market area in which the motor vehicle dealer is doing business, and in no event shall such compensation of a motor vehicle dealer for warranty service be less than the rates charged by such dealer for like service to retail customers for nonwarranty service and repairs.

Termination
"Good cause" means facts establishing commercial reasonableness in lawful or privileged competition and business practices as defined at common law." Notice and cure, compensation requirements.

Franchise Definition
An oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a motor vehicle dealer a license to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, leasing or otherwise.

Dispute Recourse
Motor Vehicle Review Board

Dealer Association
http://illinoismda.net/

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[su_spoiler title="INDIANA"]

Governing Statutes
Public Law 167, 174; IC 23-2-2.7

RMA

Relocation
OEM may not force a move.

Renovation
OEM may not force renovations if facilities are adequate.

Purchasing
Dealer may choose vendor of renovation materials, subject to OEM approval.

Vehicle Allotments

OEM Files

Warranty Reimbursement
Dealer's retail rate for parts and labor; allows uniform warranty reimbursement agreement.

Termination
Good cause, 90 days' notice; performance standard must be "statistically valid, reliable, and reasonable."

Franchise Definition

Dispute Recourse
SOS Auto Dealer Services Division

Dealer Association
http://www.adai-inc.org/mdai

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[su_spoiler title="IOWA"]

Governing Statutes
IC Title 8.2.322

RMA

Relocation

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
OEM may not disallow a charge after 12 months.

Termination
Just, reasonable, and lawful cause.

Franchise Definition
"'Franchise' means a contract between two or more persons when all of the following conditions are included:
(1) A commercial relationship of definite duration or continuing indefinite duration is involved.
(2) The franchisee is granted the right to offer and sell motor vehicles manufactured or distributed by the franchiser.
(3) The franchisee, as an independent business, constitutes a component of the franchiser’s distribution system.
(4) The operation of the franchisee’s business is substantially associated with the franchiser’s trademark, service mark, trade name, advertising, or other commercial symbol designating the franchiser.
(5) The operation of the franchisee’s business is substantially reliant on the franchiser for the continued supply of motor vehicles, parts, and accessories."

Dispute Recourse
Department of Transportation, courts

Dealer Association
http://www.iowamda.com/

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[su_spoiler title="KANSAS"]

Governing Statutes
KSA 8.2401-1

RMA
(A) A radius of 10 miles around an existing new vehicle dealer in new motor vehicles, if the existing new vehicle dealer's principal location is in a county having a population of 30,000 or more persons;
(B) A radius of 15 miles around an existing new vehicle dealer in new motor vehicles, if the existing new vehicle dealer's principal location is in a county having a population of less than 30,000 persons; or
(C) The area of responsibility defined in the franchise agreement of the existing dealer, whichever is greater."

Relocation

Renovation
OEM may not require dealers to "remodel, renovate or recondition the dealer's existing facilities as a prerequisite to receiving a model or series of vehicles;" may not require separate facilities for another brand.

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
Reasonable compensation.

Termination
Good cause, 90 days' notice, up to one year to cure, compensation obligations.

Franchise Definition
"'Franchise agreement' means any contract or franchise or any other terminology used to describe the contractual relationship between first or second stage manufacturers, distributors and vehicle dealers, by which:
(1) A right is granted one party to engage in the business of offering, selling or otherwise distributing goods or services under a marketing plan or system prescribed in substantial part by the other party, and in which there is a community of interest in the marketing of goods or services at wholesale or retail, by lease, agreement or otherwise; and
(2) the operation of the grantee's business pursuant to such agreement is substantially associated with the grantor's trademark, service mark, trade name, logotype, advertising or other commercial symbol designating the grantor or an affiliate of the grantor."

Dispute Recourse
Vehicle Dealer Review Board

Dealer Association

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[su_spoiler title="KENTUCKY"]

Governing Statutes
KRS 190.045-070

RMA
"A relevant market area is a radius of ten miles around an existing franchise. In the case of a franchise located near a state border, that area does not extend over the state line."

Relocation
OEM may not "change the location of the dealership, or make any substantial alteration to the premises during the course of the agreement, if it would be unreasonable in light of the current economic, political and social considerations."

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
"Retail rates, manufacturer is to provide for each model year a schedule of time allowances for the performance of warranty repair work. The schedule shall be reasonable and adequate for the work performed."

Termination
Compensation requirements

Franchise Definition
“Franchise” means the agreement or contract between any new motor vehicle manufacturer, written or otherwise, and any new motor vehicle dealer that purports to fix the legal rights and liabilities of the parties to an agreement or contract, and pursuant to which the dealer purchases and resells the franchise product. More at: http://codes.findlaw.com/ky/title-xvi-motor-vehicles/ky-rev-st-sect-190-010.html#sthash.25I30zic.dpuf

Dispute Recourse
Motor Vehicle Commission

Dealer Association

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[su_spoiler title="LOUISIANA"]

Governing Statutes
LSA-R.S. 32:1251; 32:1270.10-19

RMA
60 days' notice of DAT change

Relocation

Renovation

Purchasing

Vehicle Allotments
OEM may not "unreasonably discriminate among competing, similarly situated, same-line make dealers in the sales of motorcycles or all-terrain vehicles, in the availability of motorcycles or all-terrain vehicles, in the terms of incentive programs or sales promotion plans, or in other similar programs."

OEM Files

Warranty Reimbursement
In no event shall any manufacturer or distributor pay its motorcycle or all-terrain vehicle dealers at a price or rate for warranty work that is less than that charged by the motorcycle or all-terrain vehicle dealer to the retail customers of the motorcycle or all-terrain vehicle dealer for nonwarranty work of like kind. Warranty work includes parts and labor performed.

Termination
"Just cause and due regard to the equities of the motorcycle or all-terrain vehicle dealer" compensation requirements.

Franchise Definition
"Franchise means any written contract or selling agreement between a motor vehicle or recreational products dealer, a motor vehicle lessor, or a specialty vehicle dealer and a manufacturer, motor vehicle lessor franchisor, or converter of a new motor vehicle or specialty vehicle or its distributor or factory branch by which the motor vehicle or recreational products dealer, motor vehicle lessor, or specialty vehicle dealer is authorized to engage in the business of selling or leasing the specific makes, models, or classifications of new motor vehicles, recreational products, or specialty vehicles marketed or leased by the manufacturer, motor vehicle lessor franchisor, or converter and designated in the franchise agreement or any addendum thereto. For purposes of this Chapter, any written modification, amendment, or addendum to the original franchise agreement, which changes the rights and obligations of the parties to the original franchise agreement, shall constitute a new franchise agreement, effective as of the date of the modification, amendment, or addendum."

Dispute Recourse
Louisiana Motor Vehicle Commission

Dealer Association
http://lmmda.org/

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[su_spoiler title="MAINE"]

Governing Statutes
Personal Sports Mobile Business Practices Act Me. Rev. Stat. Tit. 10 Ch. 206-B § 1241-1250

RMA
The relevant market area is a radius of 15 miles around an existing dealership in the following cities: Augusta, Auburn, Bangor, Biddeford, Brewer, Falmouth, Lewiston, Portland, Saco, South Portland, Waterville and Westbrook. The relevant market area is a radius of 30 miles around all other existing dealerships.

Relocation
OEM may not "require any new personal sports mobile dealer to change the location of the new personal sports mobile dealership or during the course of the agreement or franchise to make any substantial alterations to the dealership premises when to do so would be unreasonable."

Renovation       

Purchasing
               
Vehicle Allotments
               
OEM Files
               
Warranty Reimbursement
"A. Reimburse the franchisee for any parts provided at the published manufacturer's suggested retail price at the time of retail sale; and [1997, c. 717, §4 (AMD)].
B. Reimburse the franchisee for any labor performed at the retail rate customarily charged by that franchisee for the same labor when not performed in satisfaction of a warranty. The franchisee's rate for labor not performed in satisfaction of a warranty must be posted in a place conspicuous to its service customers."

Termination
Good cause, 90 days' notice, compensation requirements

Franchise Definition
Franchise” means an oral or written arrangement in which there is a community of interest in the marketing of personal sports mobiles or services related to personal sports mobiles at wholesale, retail, leasing or otherwise. The franchise may be for a definite or indefinite time period in which a manufacturer, distributor or wholesaler grants to a personal sports mobile dealer a license to use a trade name, service mark or related characteristic.

Dispute Recourse
Courts; dealer gets attorney fees if he prevails.

Dealer Association         

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[su_spoiler title="MARYLAND"]

Governing Statutes
Equipment Dealer Contract Act

RMA
The relevant market area is a radius of 15 miles around an existing dealership in the following cities: Augusta, Auburn, Bangor, Biddeford, Brewer, Falmouth, Lewiston, Portland, Saco, South Portland, Waterville and Westbrook. The relevant market area is a radius of 30 miles around all other existing dealerships.

Relocation
OEM may not "require any new personal sports mobile dealer to change the location of the new personal sports mobile dealership or during the course of the agreement or franchise to make any substantial alterations to the dealership premises when to do so would be unreasonable"

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
"A. Reimburse the franchisee for any parts provided at the published manufacturer's suggested retail price at the time of retail sale; and [1997, c. 717, §4 (AMD)]
B. Reimburse the franchisee for any labor performed at the retail rate customarily charged by that franchisee for the same labor when not performed in satisfaction of a warranty. The franchisee's rate for labor not performed in satisfaction of a warranty must be posted in a place conspicuous to its service customers."

Termination
Good cause, 90 days' notice, compensation requirements.

Franchise Definition
"Franchise” means an oral or written arrangement in which there is a community of interest in the marketing of personal sports mobiles or services related to personal sports mobiles at wholesale, retail, leasing or otherwise. The franchise may be for a definite or indefinite time period in which a manufacturer, distributor or wholesaler grants to a personal sports mobile dealer a license to use a trade name, service mark or related characteristic.

Governing Statutes

Courts; dealer gets attorney fees if he prevails.

Dealer Association

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[su_spoiler title="MASSACHUSETTS"]

Governing Statutes
General Laws Part 1 Title 15 S.1-15

RMA
20 mile radius

Relocation

Renovation

Purchasing

Vehicle Allotments
May not be "arbitrary or unfair," OEMs may set aside up to 15 percent of vehicle allocation in a pool if conditions are met.

OEM Files

Warranty Reimbursement
Retail rates.

Termination
Good cause, 180 days' notice and cure; settlement conference required in disputes; compensation requirements; right to sue, recover attorney costs.

Franchise Definition
"franchise agreement,'' an oral or written arrangement for a definite or indefinite period in which a manufacturer or distributor grants to a motor vehicle dealer a license to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of new motor vehicles or services related thereto at wholesale, retail, leasing, or otherwise.

Dispute Recourse
State or federal courts

Dealer Association

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[su_spoiler title="MICHIGAN"]

Governing Statutes
Mich. Comp. Laws Chap. §445.1561 to §445.1583

RMA
Nine miles in counties with population of 150,000 or more, 15 miles in less populated counties.

Relocation
OEM may not "change the location of the new motor vehicle dealership or make any substantial alterations to the dealership premises, if changing the location or making the alterations is unreasonable."

Renovation
OEM may not "change the location of the new motor vehicle dealership or make any substantial alterations to the dealership premises, if changing the location or making the alterations is unreasonable."

Purchasing

Vehicle Allotments
"A manufacturer shall not... Adopt, change, establish, or implement a plan or system for the allocation and distribution of new motor vehicles to new motor vehicle dealers that is arbitrary or capricious or based on unreasonable sales and service standards, or modify an existing plan or system that causes the plan or system to be arbitrary or capricious or based on unreasonable sales and service standards."

OEM Files
Access related to sales standards.

Warranty Reimbursement
Reasonable retail rates.

Termination
Good cause, seven legal elements, 90-180 days' notice and cure, compensation requirements.

Franchise Definition
"Dealer agreement" means an agreement or contract in writing between a distributor and a new motor vehicle dealer, between a manufacturer and a distributor or a new motor vehicle dealer, or between an importer and a distributor or a new motor vehicle dealer, that purports to establish the legal rights and obligations of the parties to the agreement or contract and under which the dealer purchases and resells new motor vehicles and conducts service operations.

Dispute Recourse
Circuit courts

Dealer Association
https://www.facebook.com/pages/Michigan-Motorcycle-Dealers-Association/159650570723034

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[su_spoiler title="MINNESOTA"]

Governing Statutes
Commercial Regulations Ch. 80E.1-18

RMA
"Area of sales effectiveness" means a geographic area designated in a franchise agreement or related document where a new motor vehicle dealer is responsible for effectively selling, servicing, and otherwise representing the products of the manufacturer, distributor, or factory branch.

Relocation
OEM may not require "change the location of the new motor vehicle dealership or make any substantial alterations to the dealership premises during the course of the agreement, when to do so would be unreasonable or if the manufacturer fails to provide the dealer 180 days' prior written notice of a required change in location or substantial premises alteration."

Renovation
OEM may not require "require a dealer to pay an extra fee, or remodel, renovate, or recondition the dealer's existing facilities, or purchase unreasonable advertising displays, training, tools, or other materials, or to require the dealer to establish exclusive facilities or dedicated personnel as a prerequisite to receiving a model or a series of vehicles."

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
In no event shall the schedule of compensation fail to include reasonable compensation for diagnostic work, as well as repair service, parts, and labor. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. The hourly labor rate paid to and the reimbursement for parts purchased by a dealer for warranty services shall not be less than the rate charged by the dealer for like service to nonwarranty customers for nonwarranty service and repairs.

Termination
Good cause; six months' notice and cure; compensation requirements (80E.09) even with voluntary termination.

Franchise Definition
"Franchise" means the written agreement or contract between any new motor vehicle manufacturer and any new motor vehicle dealer which grants to the dealer the right to market motor vehicles and which purports to fix the legal rights and liabilities of the parties to the agreement or contract.

Dispute Recourse
Courts; dealer gets attorney fees if he prevails.

Dealer Association

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[su_spoiler title="MISSISSIPPI"]

Governing Statutes
Miss. Code Ann. §63-17-51 to §63-17-141

RMA
10-mile radius in counties with population 60,000 or greater, 15-mile radius in less populated counties.

Relocation

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement

Termination
Good cause, compensation requirements.

Franchise Definition
“Franchise” or “franchise agreement” means a written contract or agreement between a motor vehicle dealer and a manufacturer or its distributor or factory branch by which the motor vehicle dealer is authorized to engage in the business of selling or leasing the specific makes, models or classifications of new motor vehicles marketed or leased by the manufacturer and designated in the agreement or any addendum to such agreement.

Dispute Recourse
Motor Vehicle Commission

Dealer Association

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[su_spoiler title="MISSOURI"]

Governing Statutes
"Missouri motorcycle and all-terrain vehicle Franchise/Dealer law
Mo. Rev. Stat. §407.1025 to §407.1049"

RMA
10 mile radius in counties with population of 100.000 or more; 20 miles in lower population counties; special rule for St. Louis.

Relocation

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
Prevailing rates. The schedule of compensation shall include reasonable compensation for diagnostic work, as well as repair service and labor. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work performed.

Termination
Good cause, eight elements; compensation requirements. OEM may not "terminate, cancel or refuse to continue any franchise, directly or indirectly through the actions of the franchisor, unless such new motorcycle or all-terrain vehicle franchisee substantially defaults in the performance of such franchisee's reasonable and lawful obligations under such franchisee's franchise."

Franchise Definition
A written arrangement or contract for a definite or indefinite period, in which a person grants to another person a license to use, or the right to grant to others a license to use, a trade name, trademark, service mark, or related characteristics, in which there is a community of interest in the marketing of goods or services, or both, at wholesale or retail, by agreement, lease or otherwise, and in which the operation of the franchisee's business with respect to such franchise is substantially reliant on the franchisor for the continued supply of franchised new motorcycles or all-terrain vehicles, parts and accessories for sale at wholesale or retail;

Dispute Recourse
administrative hearing commission; courts

Dealer Association

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[su_spoiler title="MONTANA"]

Governing Statutes
Montana Code Annotated 61-4-150-310 Montana Cancelled Dealership Repurchase Requirements, Mont. Code Ann. § 30-11-701-13; Montana Sales and Distribution of Motor Vehicles Act, Mont. Code Ann. § 61-4-132-50; Montana Motorsports Manufacturer Unfair Trade Practices, Mont. Code Ann. § 30-14-2501-03.

RMA
The relevant market area of a franchise is the county or counties in which the franchisee is located.

Relocation
OEM may not terminate for refusal to move.

Renovation
OEM may not require "a motorsports dealer to remodel or renovate existing facilities as a prerequisite to receiving a model or series of motorsports vehicles."

Purchasing
OEM may not require dealers to "purchase goods or services from a vendor identified, selected, or designated by a manufacturer, a factory branch, a distributor, a distributor branch, an importer, or an affiliate of the persons or entities listed without allowing the franchisee, after consultation with the franchisor, to obtain goods or services of like kind, quality, and design from a vendor that the franchisee chooses."

Vehicle Allotments
OEM may not use "a method of allocating, scheduling, or delivering new motorsports vehicles, parts, or accessories to its motorsports dealers that is not fair, reasonable, and equitable. Upon the request of a motorsports dealer, a motorsports manufacturer shall disclose in writing the method by which new motorsports vehicles, parts, and accessories are allocated, scheduled, or delivered to its motorsports dealers handling the same line or make of vehicles." OEM may not "deny a motorsports dealer the right of lawfully selling or offering to sell motorsports vehicles to customers who reside in another country; require a motorsports dealer to accept delivery of a number or percentage of motorsport vehicles during a specific period of a sales order; require a motorsports dealer to maintain an inventory in excess of the inventory needed for a period of 90 days."

OEM Files
The motorsports manufacturer shall, if requested, provide the motorsports dealer with a statement in writing specifying the sales goal or objective relating to the offer for each of the motorsports manufacturer's Montana motorsports dealers, identifying each factor that was considered in determining each Montana motorsports dealer's sales goal and objective and explaining how each factor was evaluated and applied in determining the sales goal or objective for each Montana motorsports dealer.

Warranty Reimbursement

Termination
Good cause, eight legal elements; compensation requirements.

Franchise Definition
"'Franchise' means a contract and any agreed-to amendments between or among two or more persons when all of the following conditions are included:
(a) a commercial relationship of definite duration or continuing indefinite duration is involved;
(b) the franchisee is granted the right to: (i) offer, sell, and service in this state new motor vehicles manufactured or distributed by the franchisor; or (ii) service motor vehicles pursuant to the terms of a franchise and a manufacturer's warranty;
(c) the franchisee, as an independent and separate business, constitutes a component of the franchisor's distribution system; and
(d) the operation of the franchisee's business is substantially reliant on the franchisor for the continued supply of new motor vehicles, parts, and accessories."

Dispute Recourse
Montana Department of Justice

Dealer Association

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[su_spoiler title="NEBRASKA"]

Governing Statutes

RMA

Relocation

Renovation

Purchasing
OEM may not require dealers to "purchase goods or services from a vendor identified, selected, or designated by a manufacturer, a factory branch, a distributor, a distributor branch, an importer, or an affiliate of the persons or entities listed without allowing the franchisee, after consultation with the franchisor, to obtain goods or services of like kind, quality, and design from a vendor that the franchisee chooses."

Vehicle Allotments

Governing Statutes
Motor Vehicle Industry Regulation Act, Nebraska Statutes 60-1401 through 60-1440

RMA
Five-mile radius in metro areas, home county in non-metro areas.

Relocation
OEM may not "change the location of the new motor vehicle dealership or make any substantial alterations to the dealership premises, if such changes or alterations would be unreasonable, including unreasonably requiring a franchisee to establish, maintain, or continue exclusive sales facilities, sales display space, personnel, service, parts, or administrative facilities for a line-make, unless such exclusivity is reasonable and otherwise justified by reasonable business considerations."

Renovation
OEM may not "change the location of the new motor vehicle dealership or make any substantial alterations to the dealership premises, if such changes or alterations would be unreasonable, including unreasonably requiring a franchisee to establish, maintain, or continue exclusive sales facilities, sales display space, personnel, service, parts, or administrative facilities for a line-make, unless such exclusivity is reasonable and otherwise justified by reasonable business considerations."

Purchasing

Vehicle Allotments
OEM may not "refuse to disclose to a new motor vehicle dealer the method and manner of distribution of new motor vehicles by the manufacturer or distributor or, if a line-make is allocated among new motor vehicle dealers, refuse to disclose to any new motor vehicle dealer that handles the same line-make the system of allocation, including, but not limited to, a complete breakdown by model, and a concise listing of dealerships with an explanation of the derivation of the allocation system, including its mathematical formula in a clear and comprehensible form."

OEM Files

Warranty Reimbursement
The schedule of compensation shall include reasonable compensation for diagnostic work, as well as repair service, parts, and labor. Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed" based on prevailing market rates.

Termination
Good cause, eight legal elements; compensation requirements; attorney fees and costs to prevailing dealer.

Franchise Definition
"Franchise means a contract between two or more persons when all of the following conditions are included:
(1) A commercial relationship of definite duration or continuing indefinite duration is involved;
(2) The franchisee is granted the right to offer and sell motor vehicles manufactured or distributed by the franchisor;
(3) The franchisee, as an independent business, constitutes a component of the franchisor's distribution system;
(4) The operation of the franchisee's business is substantially associated with the franchisor's trademark, service mark, trade name, advertising, or other commercial symbol designating the franchisor; and
(5) The operation of the franchisee's business is substantially reliant on the franchisor for the continued supply of motor vehicles, parts, and accessories.
See more at: http://codes.findlaw.com/ne/chapter-60-motor-vehicles/ne-rev-st-sect-60-1401-19.html#sthash.tfYEqFWv.dpuf"

Dispute Recourse
Motor Vehicle Industry Licensing Board

Dealer Association

Warranty Reimbursement

Termination

Franchise Definition

Dispute Recourse

Dealer Association

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[su_spoiler title="NEVADA"]

Governing Statutes
NRS 482.36311-36425

RMA
Any area within a radius of 10 miles of an existing dealer who sells vehicles of the same line and make.

Relocation

Renovation
"A manufacturer shall not require a dealer:
(a) To alter substantially an existing facility of the dealer; or
(b) To construct a new facility, for any new vehicles that are handled by the dealer unless the alteration or new construction constitutes a reasonable facility requirement in accordance with the franchise agreement."

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
Fair compensation includes diagnosis and reasonable administrative and clerical costs. The dealer’s compensation for parts and labor to satisfy a warranty must not be less than the amount of money charged to its various retail customers for parts and labor that are not covered by a warranty. If parts are supplied by the manufacturer, including exchanged parts and assembled components, the dealer is entitled with respect to each part to an amount not less than the dealer’s normal retail markup for the part.

Termination
Good cause, seven legal elements; compensation requirements; attorney fees and costs to dealer who prevails in a protest; triple damages for violations

Franchise Definition
"'Franchise' means a written agreement between a manufacturer or distributor and a dealer by which:
1. A commercial relationship of definite duration or continuing indefinite duration is established.
2. The dealer is granted the right to offer and sell at retail new vehicles, other than mopeds, farm tractors or special mobile equipment.
3. The dealer constitutes a component of a distribution system for new vehicles.
4. The operation of the dealer’s business is substantially associated with the trademark, trade name, advertising or other commercial symbol designating a manufacturer or distributor.
5. The operation of a portion of the dealer’s business is substantially reliant on the manufacturer or distributor for a continued supply of new vehicles, parts and accessories."

Dispute Recourse
Attorney General, courts

Dealer Association
http://nvpda.com

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[su_spoiler title="NEW HAMPSHIRE"]

Governing Statutes
NHRS Title 31 Chapter 357-C

RMA
OEM may not "change the relevant market area set forth in the franchise agreement without good cause. For purposes of the subparagraph, good cause shall include, but not be limited to, changes in the dealer's registration pattern, demographics, customer convenience, and geographic barriers."

Relocation
OEM may not change location of the dealership.

Renovation
The manufacturer or distributor shall have the burden of proving that changes, alterations, remodeling, or replacement to a motor vehicle dealer's sales or service facilities or signage are reasonable and justifiable under this subparagraph." Generally 15 years unless the OEM is paying 65 percent or more of the cost.

Purchasing
OEM may not "require a dealer to purchase goods or services from a vendor selected, identified, or designated by a manufacturer, factory branch, distributor, distributor branch, or one of its affiliates by agreement, program, incentive provision, or otherwise without making available to the dealer the option to obtain the goods or services of substantially similar quality and overall design from a vendor chosen by the dealer and approved by the manufacturer, factory branch, distributor, or distributor branch; provided that such approval shall not be unreasonably withheld, and further provided that the dealer's option to select a vendor shall not be available if the manufacturer or distributor provides substantial reimbursement for the goods or services offered. Substantial reimbursement is equal to or greater than 65 percent of the cost, which shall not be greater than the cost of reasonably available similar goods and services in close proximity to the dealer's market."

Vehicle Allotments
OEM may not "adopt or put into effect a method for the allocation, scheduling or delivery of new vehicles, parts or accessories to its dealers that is not fair, reasonable and equitable or change an existing method so as to be unfair, unreasonable or inequitable. Upon the request of a dealer, a manufacturer, importer or distributor shall disclose in writing to the dealer the method by which new vehicles, parts and accessories are allocated, scheduled or delivered to its dealers handling the same line or make of vehicles." "If a manufacturer uses sales effective measurements to allocate vehicles, evaluate a franchisee, or determine incentives, the manufacturer, upon the written request of one of its franchisees, shall, within 30 days, provide the vehicle identification numbers that the manufacturer possessed and used in the measurements during the time period requested by the dealer. "

OEM Files
Once annually, a dealer may request to obtain a copy of (i) reports created in the regular course of business about the dealer, (ii) written correspondence with the dealer, and (iii) written reports prepared by a representative of the manufacturer or distributor documenting or memorializing any contact with a dealer or any employee or agent of the dealer, collectively known as "the documentation.'' The documentation required to be produced shall be limited to documentation created in the 12 months preceding the dealer's request. The manufacturer or distributor shall provide the documentation to the dealer within 30 days of the dealer's written request. The manufacturer shall certify that the documentation it produces is complete as of the date of the request. The manufacturer or distributor may charge the dealer a reasonable per page fee for reproduction, provided that such fee shall not exceed the usual and customary fee charged by copy centers in the immediate vicinity of the location of the documentation. No other fees or charges shall be permitted.

Warranty Reimbursement
Retail rates.

Termination
Good cause; 180 days' notice and cure (exceptions for ORVs and snowmobiles); compensation obligations; prevailing dealer may recover fees and costs.

Franchise Definition
"'Franchise' means one or more oral or written agreements under or by which:
(a) The franchisee is granted the right to sell new motor vehicles or component parts manufactured or distributed by the franchisor or the right to service motor vehicles or component parts manufactured or distributed by the manufacturer but does not include any person who has an agreement with a manufacturer or distributer to perform service only on fleet, government, or rental vehicles;
(b) The franchisee as an independent business is a component of the franchisor's distribution or service system;
(c) The franchisee is granted the right to be substantially associated with the franchisor's trademark, trade name or commercial symbol;
(d) The franchisee's business is substantially reliant for the conduct of its business on the franchisor for a continued supply or service of motor vehicles, parts, and accessories; or
(e) Any right, duty, or obligation granted or imposed under this chapter is affected."

Dispute Recourse
New Hampshire Motor Vehicle Industry Board

Dealer Association
https://www.nhada.com/

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[su_spoiler title="NEW JERSEY"]

Governing Statutes
Franchise Practices Act, N.J. Ann. Stat. Tit. 56, Chap. 10;

RMA
20 mile radius

Relocation

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
An amount equal to the prevailing retail price charged by such motor vehicle franchisee for such services and parts in circumstances where such services are rendered or such parts supplied other than pursuant to warranty; provided that such motor vehicle franchisee's prevailing retail price is not unreasonable when compared with that of the holders of motor vehicle franchises from the same motor vehicle franchisor for identical merchandise or services in the geographic area in which the motor vehicle franchisee is engaged in business.

Termination
Good cause; compensation requirements; Dealer to be allowed to continue parts and service for five years after termination.

Franchise Definition
"Franchise" means a written arrangement for a definite or indefinite period, in which a person grants to another person a license to use a trade name, trademark, service mark, or related characteristics, and in which there is a community of interest in the marketing of goods or services at wholesale, retail, by lease, agreement, or otherwise.

Dispute Recourse
Motor Vehicle Franchise Committee

Dealer Association

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[su_spoiler title="NEW MEXICO"]

Governing Statutes
NMS Ch. 57.16

RMA
"(1) seven miles, if the population of the county in which the dealership is located is two hundred fifty thousand or more;
(2) fifteen miles, if the population of the county in which the dealership is located is less than two hundred fifty thousand but is thirty-five thousand or more; or
(3) twenty miles in all other cases."

Relocation
OEM may not "force a dealer to sell or relocate a franchise with another manufacturer located at the same physical location or consider the existence of another line-make at a dealership for product allocation, successorship, location approval and capitalization."

Renovation
10 years

Purchasing
OEM may not "unreasonably withhold approval for a dealer to purchase substantially similar goods or services related to the construction, alteration, remodel or renovation of a dealership facility from vendors of the dealer's choice. This subsection shall not be construed to allow a dealer or vendor to infringe upon or impair a manufacturer's trademark rights or to erect or maintain a sign that does not conform to the manufacturer's reasonable fabrication specifications and trademark usage guidelines."

Vehicle Allotments

OEM Files

Warranty Reimbursement
A manufacturer shall compensate a dealer for labor and diagnostic work at the rates charged by the dealer to its retail customers for such work. If a manufacturer can demonstrate that the rates unreasonably exceed those of all other franchised motor vehicle dealers in the same relevant market area offering the same or a competitive motor vehicle line, the manufacturer is not required to honor the rate increase proposed by the dealer. If the manufacturer is not required to honor the rate increase proposed by the dealer, the dealer is entitled to resubmit a new proposed rate for labor and diagnostic work. A dealer shall not be granted an increase in the average percentage markup or labor and diagnostic work rate more than twice in one calendar year.

Termination
Due cause, six legal elements. "Due cause" means a material breach by a dealer, due to matters within the dealer's control, of a lawful provision of a franchise or selling agreement. As used in this subsection, "material breach" means a contract violation that is substantial and significant." Compensation requirements.

Franchise Definition
The provisions of this act shall apply to all persons, manufacturers, representatives, distributors and dealers and to all written or oral agreements between a manufacturer, distributor or representative with a motor vehicle dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or mortgages of real or personal property, promises to pay, security interest, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts and all other such agreements in which the manufacturer, distributor or representative has any direct or indirect interest.

Dispute Recourse
NM District Court in dealership home county.

Dealer Association

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[su_spoiler title="NEW YORK"]

Governing Statutes
Franchised Motor Vehicle Dealer Act: Article 17A 460-473 NY Vehicle and Traffic Law

RMA
Six-mile radius where the county population is 100,000 or more; 10-mile radius in less populated counties.

Relocation
OEM may not "condition the renewal or extension of a franchise on a franchised motor vehicle dealer's substantial renovation of the dealer's place of business or on the construction, purchase, acquisition or rental of a new place of business by the franchised motor vehicle dealer unless the franchisor has advised the franchised motor vehicle dealer in writing of its intent to impose such a condition within a reasonable time prior to the effective date of the proposed date of renewal or extension (but in no case less than one hundred eighty days) and provided the franchisor demonstrates the need for such change in the place of business and the reasonableness of such demand in view of the need to service the public and the economic conditions existing in the automobile industry at the time such action would be required of the franchised motor vehicle dealer."

Renovation

Purchasing

Vehicle Allotments
"Use an unreasonable, arbitrary or unfair sales or other performance standard in determining a franchised motor vehicle dealer's compliance with a franchise agreement. Before applying any sales, service or other performance standard to a franchised motor vehicle dealer, a franchisor shall communicate the performance standard in writing in a clear and concise manner."

OEM Files

Warranty Reimbursement
"Fair and reasonable compensation shall not be less than the price and rate charged by the franchised motor vehicle dealer for like services to non-warranty and/or non-service contract customers."

Termination
Due cause. "The determination of due cause shall be that there exists a material breach by a new motor vehicle dealer of a reasonable and necessary provision of a franchise if the breach is not cured within a reasonable time after written notice of the breach has been received from the manufacturer or distributor."" 180 days' notice and cure."

Franchise Definition
"A written arrangement for a definite or indefinite period in which a manufacturer or distributor grants to a franchised motor vehicle dealer a license to use a trade name, service mark or related characteristic, and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, by lease or otherwise and/or pursuant to which a franchised motor vehicle dealer purchases and resells or offers (as agent, principal, or otherwise) products associated with the name or mark or related components of the franchise."

Dispute Recourse
Mediation, Motor Vehicle Commission; courts.

Dealer Association

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[su_spoiler title="NORTH CAROLINA"]

Governing Statutes
Motor Vehicle Dealers and Manufacturers Licensing Law: G.S. 20-286 (8a)

RMA
"The area within a radius of 20 miles around an existing dealer or the area of responsibility defined in the franchise, whichever is greater;" more specific definitions when adding a new franchise in the state.

Relocation
OEM may not "require, coerce, or attempt to coerce any new motor vehicle dealer in this State to change location of the dealership, or to make any substantial alterations to the dealership premises or facilities, when to do so would be unreasonable, or without written assurance of a sufficient supply of new motor vehicles so as to justify such an expansion, in light of the current market and economic conditions."

Renovation
OEM may not "require, coerce, or attempt to coerce any new motor vehicle dealer in this State to change location of the dealership, or to make any substantial alterations to the dealership premises or facilities, when to do so would be unreasonable, or without written assurance of a sufficient supply of new motor vehicles so as to justify such an expansion, in light of the current market and economic conditions.... Nothing contained in this subdivision shall prohibit a manufacturer from providing assistance or encouragement to a franchised dealer to remodel, renovate, recondition, or relocate the dealer's existing facilities, provided that NC General Statutes - Chapter 20 Article 12 41 this assistance, encouragement, or rewards are not determined on a per vehicle basis."

Purchasing
OEM must "provide to a dealer, if the goods or services to be supplied to the dealer by a vendor selected, identified, or designated by the manufacturer or distributor are signs or other franchisor image elements to be purchased or leased to the dealer, the right to purchase or lease the signs or other franchisor image elements of similar quality and design from a vendor selected by the dealer."

Vehicle Allotments

OEM Files
OEM must "disclose to any new motor vehicle dealer, handling the same line make, the manner and mode of distribution of that line make within the State."

Warranty Reimbursement
"Time allowances for the performance of warranty work and service shall be reasonable and adequate for the work to be performed. The compensation which must be paid under this section must be reasonable, provided, however, that under no circumstances may the reasonable compensation under this section be in an amount less than the dealer's current retail labor rate and the amount charged to retail customers for the manufacturer's or distributor's original parts for nonwarranty work of like kind, provided such amount is competitive with the retail rates charged for parts and labor by other franchised dealers within the dealer's market."

Termination
180 days’ notice and cure for sales issues; 90 days-12 months’ notice for other reasons; compensation requirements.

Franchise Definition
"A written agreement or 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 franchised product orleases or rents the dealership premises. (8b)Franchised motor vehicle dealer."

Dispute Recourse
Motor Vehicle Commission, mediation.

Dealer Association
http://www.ncmda.com/

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[su_spoiler title="NORTH DAKOTA"]

Governing Statutes
North Dakota Recreational Vehicle Franchises, N.D. Cent. Code § 51-20-01-02; NDCC 51-07; NDCC 39-22.1-12

RMA

Relocation

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
"The hourly labor rate paid by a motor vehicle manufacturer to the dealer for warranty
services may not be less than the average rate charged by the dealer for like service
to nonwarranty customers for nonwarranty service as provided under subsection
5. A motor vehicle manufacturer may not reimburse a dealer for parts used in the performance of warranty repair at a lower rate than the average retail rate customarily charged by the dealer for these parts as provided under subsection 4"

Termination
Compenasation requirements for voluntary and involuntary termination.

Franchise Definition
"'Franchise' means any contract or agreement between a motor vehicle dealer and a manufacturer of a new motor vehicle or its distributor or factory branch by which the dealer is authorized to engage in the business of selling any specified make or makes of new motor vehicles; that purports to fix the legal rights and liabilities of the parties to such agreement, contract, or understanding."

Dispute Recourse
Director of Dept. of Transportation

Dealer Association

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[su_spoiler title="OHIO"]

Governing Statutes
Title 45, Chapter 17.43-99 New motor vehicle franchise agreements-revise law; on-and off road

RMA
any area within a radius of ten miles from the site of a potential new dealership, except that for manufactured home or recreational vehicle dealerships the radius shall be twenty-five miles. The ten-mile radius shall be measured from the dealer's established place of business that is used exclusively for the purpose of selling, displaying, offering for sale, or dealing in motor vehicles.

Relocation

Renovation
"Require, coerce, or attempt to coerce any new motor vehicle dealer in this state to change the location of the dealership, or to make any substantial alterations to the dealership premises or facilities, if any of the following apply:
(i) The proposed change or alteration would be unreasonable in light of the current market and economic conditions.
(ii) The change or alteration is proposed without a written estimation of a sufficient supply of new motor vehicles so as to justify the location change or alterations in light of the current market and economic conditions .
(iii) The change or alteration is proposed within seven years after the dealership premises was constructed or altered, as approved by the franchisor unless the change or alteration is necessary to comply with a health or safety law, or a technology requirement that is essential to the sale or service of a motor vehicle that the new motor vehicle dealer is authorized by the franchisor to sell or service. "

Purchasing
OEM may not "Unreasonably require or coerce a franchisee to lease or purchase a good or service from a specified vendor for purposes of expanding, constructing, or significantly modifying a facility without allowing the franchisee to choose a vendor that provides a good or service of a substantially similar quality and general appearance and that is approved by the franchisor. No franchisor shall unreasonably withhold approval of a vendor under division (A)(28) of this section."

Vehicle Allotments
"OEM may not Discriminate against any franchisee in the allocation or through the withholding from delivery of certain models of motor vehicles ordered by a franchisee out of the ordinary course of business;
(d) Unfairly change or amend unilaterally a franchisee's allotment of motor vehicles or quota, sales expectancy, sales penetration, or geographic area of responsibility without reasonable cause . Prior to changing or amending a franchisee's geographic area of responsibility, the franchisor shall give the franchisee, other than a franchisee who deals in recreational vehicles, a reasonable opportunity to present relevant evidence demonstrating the effect of local market conditions that may materially and adversely affect the franchisee's proposed new geographic area of responsibility. "

OEM Files

Warranty Reimbursement
Each franchisor shall compensate each of its franchisees for labor and parts used to fulfill warranty and recall obligations of repair and servicing at rates not less than the rates charged by the franchisee to its retail customers for warranty-like labor and parts for nonwarranty work.

Termination
Good cause, 9 legal elements; termination for sales deficiency requires "reasonable opportunity to present evidence demonstrating the effect of local market conditions that materially and adversely affected the franchisee's performance;" compensation requirements;

Franchise Definition
"Franchise" means any written agreement, contract, or understanding between any motor vehicle manufacturer or remanufacturer engaged in commerce and any motor vehicle dealer that purports to fix the legal rights and liabilities of the parties to such agreement, contract, or understanding.

Dispute Recourse
Motor Vehicle Dealers Board

Dealer Association

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[su_spoiler title="OKLAHOMA"]

Governing Statutes
OK Stat. 47-562 to 47-573

RMA
"Area of responsibility" means the geographical area, as designated by the manufacturer, factory branch, factory representative, distributor, distributor branch or distributor representative, in which the new motor vehicle dealer is held responsible for the promotion and development of sales and rendering of service for the make of motor vehicle for which the motor vehicle dealer holds a franchise or selling agreement

Relocation

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement

Termination
Good cause; six months notice & cure; prevailing dealer gets attorney fees & costs; compensation requirements

Franchise Definition
“Dealer agreement” means either an oral or written agreement or arrangement for a definite or indefinite period between a dealer and a supplier that provides for the rights and obligations of the parties with respect to the purchase or sale of equipment or repair parts. Notwithstanding the foregoing, if a dealer has more than one business location covered by the same dealer agreement, the requirements of the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act will be applied to the repurchase of a dealer’s inventory at a particular location upon the closing of such location, unless the closing of the location occurs without the permission of the supplier;

Dispute Recourse
Oklahoma Motor Vehicle Commission

Dealer Association

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[su_spoiler title="OREGON"]

Governing Statutes

Governing Statutes
OS 650.120-170

RMA
“Relevant market area” means:
(a) For a dealer primarily of motor vehicles with a gross vehicle weight rating of less than 8,500 pounds, a circular area around an existing dealership of:
(A) Not less than a 10-mile radius from the dealership site;
(B) Not less than a 15-mile radius from the dealership site if the population is less than 250,000 within a 10-mile radius from the existing dealership and 150,000 or more within a 15-mile radius from the existing dealership;
(C) Not less than a 20-mile radius from the dealership site if the population is less than 150,000 within a 15-mile radius from the existing dealership; or
(D) The area of sales and service responsibility determined under the franchise agreement if the area is larger than the areas provided for in this paragraph."

Relocation

Renovation
7 years, more frequently under some circumstances. Except as provided in paragraph (b) of this subsection, a manufacturer, distributor or importer may not require a dealer to construct a new dealer facility or materially alter or remodel an existing dealer facility within seven years after the date on which the dealer previously constructed, materially altered or remodeled the existing dealer facility if the existing dealer facility complies with the manufacturer’s, distributor’s or importer’s approved brand image standards or plans that existed at the time the dealer constructed, materially altered or remodeled the existing dealer facility.

Purchasing
Except as provided in paragraph (b) of this subsection, a manufacturer, distributor or importer may not require a dealer to purchase goods or services for constructing, materially altering or remodeling a dealer facility from a vendor that the manufacturer, distributor or importer selects, identifies or designates without giving the dealer an option to obtain goods or services of substantially similar quality and design from a vendor that the dealer chooses, subject to the manufacturer’s, distributor’s or importer’s approval in advance. The manufacturer, distributor or importer may not withhold approval unreasonably. (b) A dealer may not select a vendor from which to obtain goods and services for constructing a new dealer facility or materially altering or remodeling an existing dealer facility if a manufacturer, distributor or importer provides money, credit, an allowance or a reimbursement to compensate for all or a substantial portion of the cost of upgrading or improving a dealer facility or for using a specific material, good or service to upgrade or improve a dealer facility.

Vehicle Allotments

OEM Files

Warranty Reimbursement
A manufacturer, distributor or importer may not pay an hourly rate to a dealer that is less than the rate the dealer charges nonwarranty customers for nonwarranty service and repairs. Reimbursement for parts, other than parts used to repair the living facilities of motor homes, that the dealer purchases for use in performing predelivery and warranty service must be the amount the dealer charges nonwarranty customers, as long as the amount is not unreasonable.

Termination
good cause, 90-day notice requirement; compensation requirements;

Franchise Definition
3"“Franchise” means a contract or agreement under which:
(a) The franchisee is granted the right to sell, lease and exchange new motor vehicles manufactured, distributed or imported by the franchisor;
(b) The franchisee’s business is an independent business operating as a component of a distribution or marketing system prescribed in substantial part by the franchisor;
(c) The franchisee’s business is substantially associated with the trademark, trade name, commercial symbol or advertisements designating the franchisor or the products distributed by the franchisor;
(d) The franchisee’s business is substantially reliant on the franchisor for a continued supply of motor vehicles, parts and accessories;
(e) The franchisee is granted the right to perform warranty repairs authorized by the franchisor; and
(f) The franchisee is granted the right to sell, install and exchange parts, equipment and accessories manufactured, distributed or imported by the franchisor for use in or on motor vehicles."

Dispute Recourse
Courts; prevailing dealer gets damages+ attorney fees & costs

Dealer Association
http://www.ordealers.com/

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[su_spoiler title="PENNSYLVANIA"]

Governing Statutes
PL 306, No. 84 CL.63;

RMA Dealer may protest changes to RMA; If a new vehicle dealer's area of responsibility is altered, the manufacturer shall allow 18 months for the dealer to penetrate the market and to become sales effective prior to taking negative legal action claiming a breach or nonperformance of the dealer's sales performance responsibilities against the dealer. ""Relevant market area."" The area within a radius of 20 miles around an existing dealer or the area of responsibility defined in the franchise, whichever is greater; except: (1) where a manufacturer is seeking to establish an additional new vehicle dealer, the relevant market area shall be in all instances the area within a radius of ten miles around the proposed site of the additional new vehicle dealer, except for cities of the first and second class which will be the area within a five-mile radius, around the proposed site of the additional new vehicle dealer; and (2) where a manufacturer is seeking to relocate an existing dealer, the relevant market area is the area within a radius of 20 miles around the proposed site of the relocating dealer or the area of responsibility defined in the franchise of the relocating dealer, whichever is greater.

Relocation
"Expand, construct or significantly modify facilities without assurances that the manufacturer or distributor will provide a reasonable supply of new vehicles within a reasonable time so as to justify such an expansion in light of the market and economic conditions. (8.1) Unreasonably expand, construct or significantly modify facilities in light of the market and economic conditions or require a separate facility for the sale or service of a line-make of a new vehicle if the market and economic conditions do not clearly justify the separate facility."

Renovation
"Expand, construct or significantly modify facilities without assurances that the manufacturer or distributor will provide a reasonable supply of new vehicles within a reasonable time so as to justify such an expansion in light of the market and economic conditions. (8.1) Unreasonably expand, construct or significantly modify facilities in light of the market and economic conditions or require a separate facility for the sale or service of a line-make of a new vehicle if the market and economic conditions do not clearly justify the separate facility."

Purchasing
"Purchase a good or service from a vendor selected, identified or designated by a manufacturer, factory branch, distributor, distributor branch or an affiliate of a manufacturer, factory branch, distributor, distributor branch by agreement, program, incentive provision or other method if expanding, constructing or significantly modifying a facility without allowing the dealer the option to obtain a good or service of substantially similar quality from a vendor chosen by the dealer and approved by the manufacturer, which approval may not be unreasonably withheld."

Vehicle Allotments
"OEM may not ""Operate a system for the allocation of new vehicles which is not reasonable or fair to a new vehicle dealer. Upon the written request of any of its new vehicle dealers, a manufacturer or distributor shall disclose to the new vehicle dealer the method on which new vehicles are allocated among the new vehicle dealers of the same line-make. The manufacturer distributor has the burden of establishing the fairness of its allocation."

OEM Files

Warranty Reimbursement
"Compensation for labor used in warranty service shall be at the dealer's retail rate. Compensation for parts, including major assemblies used in warranty service, shall be at the dealer's retail rate. Statute includes formulae for both." Termination """Just cause."" A material breach by a vehicle dealer or distributor, due to matters within the dealer's or distributor's control, of a reasonable and necessary provision of an agreement if the breach is not cured within a reasonable time after written notice of the breach has been received from the manufacturer or distributor." Franchise Definition """Franchise."" The written agreement between any new vehicle manufacturer or distributor and any new vehicle dealer which purports to fix the legal rights and liabilities of the parties to such agreement, and pursuant to which the dealer purchases, resells, services, separately services and performs warranty repairs on the franchise product or leases or rents the dealership premises."

Dispute Recourse
State Board of Vehicle Manufacturers, Dealers and Salespersons

Dealer Association
https://www.facebook.com/Pennsylvania-Motorcycle-Dealers-Association-204555849571526/

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[su_spoiler title="RHODE ISLAND"]

Governing Statutes
Rhode Island Fair Dealership Act Title 31 CH. 31-5.1

RMA
"Relevant market area" means the area within a radius of twenty (20) miles around an existing dealer or the area of responsibility defined in the franchise, whichever is greater.

Relocation
"A manufacturer may not reduce the price of a motor vehicle charged to a dealer or provide different financing terms to a dealer in exchange for the dealer's agreement to:
(i) Maintain an exclusive sales or service facility;
(ii) Build or alter a sales or service facility; or "

Renovation
OEM may not "require that a dealer expand facilities without a guarantee of a sufficient supply of new motor vehicles to justify that expansion or to require that a dealer expand facilities to a greater degree than is necessary to sell and service the number of vehicles that the dealer sold and serviced in the most recent calendar year."

Purchasing
Vehicle Allotments "OEM may not ""use or consider the performance of a motor vehicle dealer relating to the sale of the manufacturer's vehicles or the motor vehicle dealer's ability to satisfy any minimum sales or market share quota or responsibility relating to the sale of the manufacturer's new vehicles in determining:
(i) The motor vehicle dealer's eligibility to purchase program, certified, or other used motor vehicles from the manufacturer;
(ii) The volume, type, or model of program, certified, or other used motor vehicles that a motor vehicle dealer is eligible to purchase from the manufacturer;
(iii) The price of any program, certified, or other used motor vehicle that the dealer is eligible to purchase from the manufacturer; or
(iv) The availability or amount of any discount, credit, rebate, or sales incentive that the dealer is eligible to receive from the manufacturer for the purchase of any program, certified, or other used motor vehicle offered for sale by the manufacturer."

OEM Files
OEM must "disclose to any new motor vehicle dealer, handling the same line or make, the manner and mode of distribution of that line or make within the relevant market area."

Warranty Reimbursement
Reimbursement for warranty repairs or diagnostic work shall be at the dealer retail rate in effect at the time the warranty repair or diagnostic work is performed.

Termination
Just cause, six months notice & cure; compensation requirements for voluntary and involuntary termination

Franchise Definition
"Franchise" means the agreement or contract between any new motor vehicle manufacturer, written or otherwise, and any new motor vehicle dealer which purports to fix the legal rights and liabilities of the parties to that agreement or contract, and pursuant to which the dealer purchases and resells the franchise product or leases or rents the dealership premises.

Dispute Recourse
Courts

Dealer Association

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[su_spoiler title="SOUTH CAROLINA"]

Governing Statutes
S.C. Code of Laws 56-16-10 through 56-16-210

RMA

Relocation

Renovation

Purchasing

Vehicle Allotments

OEM File
s
Warranty Reimbursement
The hourly labor rate paid to a dealer for warranty services must not be less than the rate charged by the dealer for like service to nonwarranty customers for nonwarranty service and repairs unless the rate is determined to be unreasonable. Dealers must be reimbursed for the current manufacturer suggested retail price for parts used on warranty work.

Termination
Due cause; compensation requirements (reduced for voluntary terminations)

Franchise Definition
"Franchise"" means the written agreement or contract between any new motorcycle manufacturer, and any new motorcycle 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 franchised product or leases or rents the dealership premises."

Dispute Recourse
Courts

Dealer Association

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[su_spoiler title="SOUTH DAKOTA"]

Governing Statutes
32-6B-45-86

RMA

Relocation

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
The hourly labor rate paid to the dealer for warranty services may not be less than the rate charged by the dealer for like service to nonwarranty customers for nonwarranty service. Reimbursement for parts used in the performance of warranty repair may not be less than the current retail rate customarily charged by the vehicle dealer for such parts. Each manufacturer, in establishing a schedule of compensation for warranty work, shall rely on the vehicle dealer's written schedule of hourly labor rates and parts and may not obligate any vehicle dealer to engage in unduly burdensome documentation thereof, including, without limitation, obligating vehicle dealers to engage in transaction by transaction calculations.

Termination
Good cause; "good cause means failure by a vehicle dealer to substantially comply with essential and reasonable requirements imposed upon the vehicle dealer by the vehicle dealership agreement, if the requirements are not different from those requirements imposed on other similarly situated vehicle dealers by their terms." 90 days notice 60 days cure for sales deficiencies.

Franchise Definition
"Franchise," a written or oral agreement or contract between a franchisor and franchisee which fixes the legal rights and liabilities of the parties to such agreement or contract;

Dispute Recourse
Courts

Dealer Association

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[su_spoiler title="TENNESSEE"]

Governing Statutes

Governing Statutes
"Tennessee Motorcycles and Off-Road Vehicles Franchise/Dealer Fairness Act
Tenn. Code Ann. §47-25-1901 to §47-25-1914"

RMA

Relocation

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement

Termination
90 days notice, 60 days cure; "No supplier, directly or through an officer, agent or employee, may terminate, cancel, fail to renew or substantially change the competitive circumstances of a retail agreement without good cause. "Good cause" means failure by a dealer to comply with requirements imposed upon the dealer by the retail agreement if the requirements are not different from those imposed on other dealers similarly situated in this state." Compensation requirements apply. OEM may not "Terminate, cancel or fail to renew or substantially change the competitive circumstances of the retail agreement based on the results of a natural disaster, including a sustained drought or high unemployment in the dealership market area, labor dispute or other similar circumstances beyond the dealer's control. "

Franchise Definition
"Franchise"" or ""franchise agreement"" means a written or oral agreement for a definite or indefinite period, in which a person grants to another person authority to use a trade name, trademark, service mark or related characteristic within an exclusive territory, or to sell or distribute goods or services, within an exclusive territory, at wholesale, retail, by lease agreement or otherwise; provided, that a franchise is not created by a lease, license or concession granted by a dealer to sell goods or furnish services on or from premises that are occupied by the dealer-grantor primarily for its own merchandising activities;"

Dispute Recourse
Courts

Dealer Association

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[su_spoiler title="TEXAS"]

Governing Statutes
Occupations Code 14.A.2301; Transportation Code 503

RMA
15 miles

Relocation
Sec. 2301.467.

Renovation
10 years or to sell or service a particular line

Purchasing

Vehicle Allotments
may not treat franchised dealers of the same line-make differently as a result of the application of a formula or other computation or process intended to gauge the performance of a dealership or otherwise enforce standards or guidelines applicable to its franchised dealers in the sale of motor vehicles if, in the application of the standards or guidelines, the franchised dealers are treated unfairly or inequitably in the sale of a motor vehicle owned by the manufacturer or distributor.

OEM Files

Warranty Reimbursement
requires OEM to bear costs of recall

Termination
Good cause, 7 legal elements; compensation requirements may apply to voluntary terminations

Franchise Definition
Franchise” means one or more contracts between a franchised dealer as franchisee and a manufacturer or a distributor as franchisor, including a written communication from a franchisor to a franchisee in which a duty is imposed on the franchisee, under which:
(A) the franchisee is granted the right to sell and service new motor vehicles manufactured or distributed by the franchisor or only to service motor vehicles under the contract and a manufacturer's warranty;
(B) the franchisee is a component of the franchisor's distribution system as an independent business;
(C) the franchisee is substantially associated with the franchisor's trademark, tradename, and commercial symbol;
(D) the franchisee's business substantially relies on the franchisor for a continued supply of motor vehicles, parts, and accessories; or
(E) any right, duty, or obligation granted or imposed by this chapter is affected.
- See more at: http://codes.findlaw.com/tx/occupations-code/occ-sect-2301-002.html#sthash.NOeBM2JZ.dpuf"

Dispute Recourse
Texas MVB, may order mediation before case proceeds

Dealer Association
http://www.txmda.org/

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[su_spoiler title="UTAH"]

Governing Statutes
Utah Powersport Vehicle Franchise Act, Utah Code Ann. § 13-35-101-307; Rule R151-35. Powersport Vehicle Franchise Act Rule; Amended by Session Law Ch. 262, 268

RMA
"Relevant market area"" means:
(a) for a powersport dealership in a county that has a population of less than 225,000:
(i) the county in which the powersport dealership exists or is to be established or relocated; and
(ii) in addition to the county described in Subsection (13)(a)(i), the area within a 15-mile radius from the site of the existing, new, or relocated dealership; or
(b) for a powersport dealership in a county that has a population of 225,000 or more, the area within a 10-mile radius from the site of the existing, new, or relocated dealership."

Relocation
OEM may not "require a franchisee to change the location of the principal place of business of the franchisee's dealership or make any substantial alterations to the dealership premises, if the change or alterations would be unreasonable;"

Renovation
OEM may not "require a franchisee to change the location of the principal place of business of the franchisee's dealership or make any substantial alterations to the dealership premises, if the change or alterations would be unreasonable;"
Purchasing

Vehicle Allotments
OEM may not "adopt, change, establish, modify, or implement a plan or system for the allocation, scheduling, or delivery of new powersport vehicles, parts, or accessories to its franchisees so that the plan or system is not fair, reasonable, and equitable;" "Upon the written request of any franchisee, a franchisor shall disclose in writing to the franchisee the basis on which new powersport vehicles, parts, and accessories are allocated, scheduled, and delivered among the franchisor's dealers of the same line-make."

OEM Files
Upon the written request of any franchisee, a franchisor shall disclose in writing to the franchisee the basis on which new powersport vehicles, parts, and accessories are allocated, scheduled, and delivered among the franchisor's dealers of the same line-make.

Warranty Reimbursement

Termination
Good cause, 11 legal elements, compensation requirements in Session Law Ch. 262

Franchise Definition
"Franchise"" or ""franchise agreement"" means a written agreement, for a definite or indefinite period, in which:
(a) a person grants to another person a license to use a trade name, trademark, service mark, or related characteristic; and
(b) a community of interest exists in the marketing of new powersport vehicles, new powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at wholesale or retail."

Dispute Recourse
Utah Powersport Vehicle Franchise Advisory Board, Department Of Commerce

Dealer Association
https://www.facebook.com/UtahPowersportDealers

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[su_spoiler title="VERMONT"]

Governing Statutes
Title 9, Ch. 108 §§ 4083 - 4100f

RMA

Relocation
OEM may not "change the location of the dealership or to make any substantial alterations to the dealership premises or facilities when to do so would be unreasonable." or "change the location of the dealership or to make any substantial alterations to the dealership premises or facilities in the absence of written assurance from the manufacturer or distributor of a sufficient supply of new motor vehicles to justify the change in location or the alterations."

Renovation
OEM may not "change the location of the dealership or to make any substantial alterations to the dealership premises or facilities when to do so would be unreasonable." or "change the location of the dealership or to make any substantial alterations to the dealership premises or facilities in the absence of written assurance from the manufacturer or distributor of a sufficient supply of new motor vehicles to justify the change in location or the alterations."

Purchasing

Vehicle Allotments
OEM must "disclose to any new motor vehicle dealer, handling the same line-make, the manner and mode of distribution of that line-make within the State."

OEM Files

Warranty Reimbursement
The hourly rate paid to a new motor vehicle dealer shall not be less than the rate charged by the dealer to customers for nonwarranty service and repairs. Each manufacturer shall compensate each of its dealers for parts used to fulfill warranty, predelivery, and recall obligations of repair and servicing at amounts not less than the retail amounts customarily charged by the dealer to its retail customers for like parts for nonwarranty work. The amounts established by a dealer to its retail customers for labor and like parts for nonwarranty work are deemed to be fair and reasonable compensation; provided, however, a manufacturer may rebut such a presumption by showing that such amount so established is unfair and unreasonable in light of the practices of at least four other franchised motor vehicle dealers in the vicinity offering the same line-make or a similar competitive line-make.

Termination
Good cause, six months notice & cure for sales issues; compensation requirements; "For purposes of this act, good cause for terminating, canceling, or failing to renew a franchise shall be limited to failure by the franchisee to substantially comply with those requirements imposed upon the franchisee by the franchise as set forth in subdivision (c)(1) of this section.

Franchise Definition
"Franchise" means all agreements and contracts between any new motor vehicle manufacturer, written or otherwise, and any new motor vehicle dealer which relate to the operation of the franchise and purport to fix the legal rights and liabilities of the parties to such agreements or contracts, including agreements pursuant to which the dealer purchases and resells the franchise product, performs warranty and other service on the manufacturer's products, leases or rents the dealership premises or agreements concerning the dealership premises, or construction or renovation of the dealership premises.

Dispute Recourse
Vermont Transportation Board; courts

Dealer Association

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[su_spoiler title="VIRGINIA"]

Governing Statutes
Ch. 15 Art. 7.4. S. 46.2-1573.25-1573.37. Covers motorcycle and ATV dealers.

RMA
For motorcycle dealers, the relevant market area shall be a circular area within a radius of 20 miles around an existing franchised dealer location with a population of one million or more. If the population within a 20-mile radius is less than one million but greater than 750,000, the relevant market area shall be a circular area within a radius of 30 miles. If the population within a 30-mile radius is less than 750,000, the relevant market area shall be a circular area within a radius of 40 miles.

Relocation

Renovation

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
Compensation of a dealer for warranty parts, service, and diagnostic work shall not be less than the amounts charged by the dealer for the manufacturer's or distributor's original parts, service, and diagnostic work to retail customers for nonwarranty service, parts, and diagnostic work installed or performed in the dealer's service department unless the amounts are not reasonable

Termination
Good cause, 7 legal elements; "A discontinuation, cancellation, or nonrenewal of a franchise agreement is unfair if it is not clearly permitted by the franchise agreement, is not undertaken in good faith, is not undertaken for good cause, or is based on an alleged breach of the franchise agreement that is not in fact a material and substantial breach." Compensation requirements.

Franchise Definition
"Franchise" means a written contract or agreement between two or more persons whereby one person, the franchisee, is granted the right to engage in the business of offering and selling, offering and delivering pursuant to a lease, servicing, or offering, selling, and servicing new motor vehicles of a particular line-make or late model or used motor vehicles of a particular line-make manufactured or distributed by the grantor of the right, the franchisor, and where the operation of the franchisee's business is substantially associated with the franchisor's trademark, trade name, advertising, or other commercial symbol designating the franchisor, the motor vehicle or its manufacturer or distributor. "Franchise" includes any severable part or parts of a franchise agreement which separately provides for selling and servicing different line-makes of the franchisor.

Dispute Recourse
Motor Vehicle Commissioner

Dealer Association
http://www.psdva.com/aboutus.htm

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[su_spoiler title="WAHSHINTON"]
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Governing Statutes
Washington Motorsports Vehicles – Dealer and Manufacturer Franchises, Wash. Rev. Code § 46.93.010-901; Wash. Rev. Code Tit. 46, Chap. 46.70, §46.70.180,and §46.70.190,and Wash. Rev. Code Tit. 46, Chap. 46.96, §46.96.010 to §46.96.900

RMA
"Relevant market area"" is defined as follows:
(a) If the population in the county in which the existing, proposed new, or relocated dealership is located or is to be located is four hundred thousand or more, the relevant market area is the geographic area within the radius of ten miles around the existing, proposed new, or relocated place of business for the dealership;
(b) If the population in the county in which the existing, proposed new, or relocated dealership is to be located is two hundred thousand or more and less than four hundred thousand, the relevant market area is the geographic area within a radius of twelve miles around the existing, proposed new, or relocated place of business for the dealership;
(c) If the population in the county in which the existing, proposed new, or relocated dealership is to be located is less than two hundred thousand, the relevant market area is the geographic area within a radius of twenty miles around the existing, proposed new, or relocated place of business for the dealership;"

Relocation
OEM may not "Condition a renewal or extension of the franchise on the dealer's substantial renovation of the existing place of business or on the construction, purchase, acquisition, or re-lease of a new place of business unless written notice is first provided one hundred eighty days before the date of renewal or extension and the manufacturer demonstrates the reasonableness of the requested actions. The manufacturer shall agree to supply the dealer with an adequate quantity of motorsports vehicles, parts, and accessories to meet the sales level necessary to support the overhead resulting from substantial construction, acquisition, or lease of a new place of business."

Renovation
OEM may not "Condition a renewal or extension of the franchise on the dealer's substantial renovation of the existing place of business or on the construction, purchase, acquisition, or re-lease of a new place of business unless written notice is first provided one hundred eighty days before the date of renewal or extension and the manufacturer demonstrates the reasonableness of the requested actions. The manufacturer shall agree to supply the dealer with an adequate quantity of motorsports vehicles, parts, and accessories to meet the sales level necessary to support the overhead resulting from substantial construction, acquisition, or lease of a new place of business."
Purchasing

Vehicle Allotments
OEM may not "Discriminate between dealers by adopting a method, or changing an existing method, for the allocation, scheduling, or delivery of new motorsports vehicles, parts, or accessories to its dealers that is not fair, reasonable, and equitable. Upon the request of a dealer, a manufacturer shall disclose in writing to the dealer the method by which new motorsports vehicles, parts, and accessories are allocated, scheduled, or delivered to its dealers handling the same line or make of vehicles."

OEM Files

Warranty Reimbursement
Each manufacturer shall provide each of its dealers with a schedule of compensation to be paid to the dealer for any warranty work or service, including parts, labor, and diagnostic work, required of the dealer by the manufacturer in connection with the manufacturer's products, and for work on and preparation of motorsports vehicles received from the manufacturer. The compensation may not be less than the rates reasonably charged by the dealer for like services and parts to retail customers. The compensation may not be reduced by the manufacturer for any reason or made conditional on an activity outside the performance of warranty work.

Termination
90-180 days notice; good cause, four legal elements; compensation requirements

Franchise Definition
"Franchise" means one or more agreements, whether oral or written, between a manufacturer and a new motorsports vehicle dealer, under which the new motorsports vehicle dealer is authorized to sell, service, and repair new motorsports vehicles, parts, and accessories under a common name, trade name, trademark, or service mark of the manufacturer.

Dispute Recourse
ALJ, parties split hearing costs; courts

Dealer Association
http://wsmda.org/

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[su_spoiler title="WEST VIRGINIA"]

Governing Statutes
West Virginia Code Ch. 17A Art. 6A1-6A18

RMA
"Relevant market area" means the area located within a twenty-air mile radius around an existing same line-make new motor vehicle dealership: Provided, That a fifteen-mile relevant market area as it existed prior to the effective date of this statute shall apply to any proposed new motor vehicle dealership as to which a manufacturer or distributor and the proposed new motor vehicle dealer have executed on or before the effective date of this statute a written agreement, including a letter of intent, performance agreement or commitment letter, concerning the establishment of the proposed new motor vehicle dealership.

Relocation
OEM may not "Change the location of the new motor vehicle dealership or make any substantial alterations to the dealership premises, where to do so would be unreasonable. The burden is on the manufacturer or distributor to prove reasonableness by a preponderance of the evidence

Renovation
OEM may not "coerce or require any dealer, whether by agreement, program, incentive provision or otherwise, to construct improvements to its facilities or to install new signs or other franchisor image elements that replace or substantially alter those improvements, signs or franchisor image elements completed within the proceeding ten years that were required and approved by the manufacturer, factory branch, distributor or distributor branch or one of its affiliates." In termination, OEM must pay for required alterations within the past five years.

Purchasing
OEM may not "Require a dealer to purchase goods or services from a vendor selected, identified or designated by a manufacturer, factory branch, distributor, distributor branch or one of its affiliates by agreement, program, incentive provision or otherwise without making available to the dealer the option to obtain the goods or services of substantially similar quality and overall design from a vendor chosen by the dealer and approved by the manufacturer, factory branch, distributor or distributor branch: Provided, That such approval may not be unreasonably withheld: Provided, however, That the dealer's option to select a vendor is not available if the manufacturer or distributor provides substantial reimbursement for the goods or services offered. Substantial reimbursement is equal to the difference in price of the goods and services from manufacturer's proposed vendor and the motor vehicle dealer's selected vendor: Provided further, That the goods are not subject to the manufacturer or distributor's intellectual property or trademark rights, or trade dress usage guidelines."

Vehicle Allotments
OEM must disclose "OEM must disclose "the method and manner of distribution of new motor vehicles by the manufacturer or distributor, including any numerical calculation or formula used, nationally or within the dealer's market, to make the allocations within thirty days of a request. Any information or documentation provided by the manufacturer may be subject to a reasonable confidentiality agreement;"

OEM Files
"the total number of new motor vehicles of a given model, which the manufacturer or distributor has sold during the current model year within the dealer's marketing district, zone or region, whichever geographical area is the smallest within thirty days of a request."

Warranty Reimbursement
Rates "charged by the dealer to the retail customers of the dealer for nonwarranty and nonrecall work of the like kind;" dealer may request a recalculatoin of average rate ever 12 months." "in the case of a dealer of new motorcycles, motorboat trailers, all-terrain vehicles, utility terrain vehicles and snowmobiles, the compensation of a dealer for warranty parts is the greater of the dealer's cost of acquiring the part plus thirty percent or the manufacturer's suggested retail price: Provided, however, That in the case of a dealer of travel trailers, fold-down camping trailers and motorhomes, the compensation of a dealer's cost for warranty parts is not less than the dealer's cost of acquiring the part plus twenty percent."

Termination
"good cause, 8 legal elements; ""A discontinuance, cancellation or nonrenewal is unfair if it is:
(1) Not clearly permitted by the dealer agreement;
(2) Not undertaken for good cause; or
(3) Is based on an alleged breach of the franchise agreement which is not in fact a material and substantial breach.compensation requirements."" Dealer prevailing in protest action may recover treble damages and costs; Compensation requirements"

Franchise Definition
"Dealer agreement" means the franchise, agreement or contract in writing between a manufacturer, distributor and a new motor vehicle dealer which purports to establish the legal rights and obligations of the parties to the agreement or contract with regard to the purchase, lease or sale of new motor vehicles, accessories, service and sale of parts for motor vehicles.

Dispute Recourse
OEM appeal process, circuit courts

Dealer Association

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[su_spoiler title="WISCONSIN"]

Governing Statutes
Wisc. Stat. Chap. 218, §218.0101 to §218.0172; Wis. Stat. ch. 135;

RMA
"""Relevant market area"" means any of the following:
(a) All of the area within a 10-mile radius of the site of an existing enfranchised motor vehicle dealership.
(b) The area of sales responsibility assigned to the existing enfranchised dealership by the manufacturer, importer, or distributor. "

Relocation

Renovation

Purchasing

Vehicle Allotments
No manufacturer, importer or distributor shall adopt, change, establish or implement a plan or system for the allocation, scheduling or delivery of new motor vehicles, parts or accessories to its motor vehicle dealers that is not fair, reasonable and equitable or modify an existing plan or system so as to cause the plan or system to be unreasonable, unfair or inequitable. Upon the request of any dealer franchised by it, a manufacturer, importer or distributor shall disclose in writing to the dealer the basis upon which new motor vehicles, parts and accessories are allocated, scheduled and delivered among the manufacturer's, importer's or distributor's dealers of the same line make.

OEM Files
Upon the request of any dealer, a manufacturer, importer or distributor shall disclose in writing to the dealer a description of how a performance standard or program is designed and all relevant information used in the application of the performance standard or program to that dealer.

Warranty Reimbursement
A manufacturer, importer, or distributor of motorcycles with respect to a dealer of the manufacturer's, importer's, or distributor's motorcycles shall reasonably compensate any authorized dealer who performs work to rectify the manufacturer's, importer's, or distributor's product or warranty defects or delivery and preparation obligations or who performs any other work required, requested, or approved by the manufacturer, importer, or distributor or for which the manufacturer, importer, or distributor has agreed to pay, including compensation for labor at a labor rate equal to the effective labor rate charged all customers and for parts at an amount not less than the amount the dealer charges its other retail service customers for parts used in performing similar work by the dealer.

Termination
90 days notice, 60 days cure for sales deficiencies; specific compensation requirements for powersports dealers;

Franchise Definition
"Franchise" means the right to buy, sell, distribute or service a line make of motor vehicles that is granted to a motor vehicle dealer or distributor by a manufacturer, importer or distributor.

Dispute Recourse
mediation; division of hearings and appeals , courts

Dealer Association
http://www.watda.org/Join

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[su_spoiler title="WYOMING"]

Governing Statutes
Wyoming Code Title 31 Ch. 16 Sec. 101-127

RMA
"Relevant market area" means that marketing area as defined by the sales and service agreement granted by the manufacturer, distributor or wholesaler and held by a new vehicle dealer

Relocation

Renovation
"OEM may not require dealers ""To expand facilities without making available a sufficient supply of new vehicles to justify an expansion considering the market and economic conditions;
(x) To modify significantly an existing dealership or to construct a new vehicle dealership facility without a sufficient supply of new vehicles to justify a modification or construction considering the market and economic conditions. "

Purchasing

Vehicle Allotments

OEM Files

Warranty Reimbursement
The hourly labor rate charged by the dealer for warranty service shall not exceed the hourly labor rate charged to nonwarranty customers for nonwarranty service and repairs, provided that rate is reasonable. Reimbursement for parts purchased by the dealer for use in performing work pursuant to a manufacturer's express warranty shall be dealer cost plus thirty percent (30%).

Termination
"Good cause for termination, cancellation or nonrenewal of a franchise shall include but not be limited to:

(i) Failure by the licensee to comply with a provision of the franchise, which is both reasonable and of material significance to the franchise relationship, provided that the dealer has been notified in writing of the failure within one hundred eighty (180) days prior to termination, cancellation or nonrenewal;

(ii) Failure of the licensee to comply with reasonable performance criteria established by the manufacturer if the licensee was apprised by the manufacturer in writing of the failure and:

(A) The notification stated that notice was provided of failure of performance pursuant to this section;

(B) The licensee was afforded a reasonable opportunity, for a period of not less than six (6) months, to comply with the criteria; and

(C) The licensee did not demonstrate substantial compliance with the performance criteria of the manufacturer during such period.

Compensation requirements"

Franchise Definition
"Franchise or dealer's selling agreement", hereinafter referred to as the "sales and services agreement", means a contract or agreement between a vehicle dealer and a manufacturer or its distributor or factory branch by which the dealer is authorized to engage in the business of selling any specified make of new vehicles;

Dispute Recourse
Department of Transportation
Dealer Association
http://pdawy.com/History/pg/history

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