Title 10, Chapter 1, Section 661
( 10-1-661)
(a) No franchisor shall require, attempt to require, coerce, or
attempt to coerce any dealer in this state: (1) To order or accept delivery of any new motor vehicle, part, or
accessory thereof, equipment, or any other commodity not required
by law which shall not have been voluntarily ordered by the
dealer, except that this paragraph does not affect any terms or
provisions of a franchise requiring dealers to market a
representative line of those motor vehicles which the franchisor
is publicly advertising; (2) To order or accept delivery of any new motor vehicle with
special features, accessories, or equipment not included in the
list price of such new motor vehicle as publicly advertised by the
franchisor; (3) To refrain from participation in the management of, investment
in, or the acquisition of any other line of new motor vehicle or
related products. However, this paragraph does not apply unless
the dealer maintains a reasonable line of credit for each make or
line of new motor vehicle, the dealer remains in compliance with
any reasonable facilities requirements of the franchisor, the
dealer provides acceptable sales performance, and no change is
made in the principal management of the dealer; (4) To expand, construct, or significantly modify facilities
without assurances that the franchisor will provide a reasonable
supply of new motor vehicles within a reasonable time so as to
justify such an expansion in light of the market and economic
conditions; (5) To sell, assign, or transfer any retail installment sales
contract obtained by such dealer in connection with the sale by
such dealer in this state of new motor vehicles to a specified
finance company or class of such companies or to any other
specified persons; (6) To provide warranty or other services for the account of
franchisor, except as provided in Part 3 of this article, the
"Motor Vehicle Warranty Practices Act"; or (7) To acquire any line make of motor vehicle or to give up, sell,
or transfer any line make of motor vehicle which has been acquired
in accordance with this article once such dealer has notified the
franchisor that it does not desire to acquire, give up, sell, or
transfer such line make or to retaliate or take any adverse action
against a dealer based on such desire. (b) No action shall in any way be based on this Code section with
respect to acts occurring prior to July 1, 1983. |