Maine Revised Statutes, Title 10, § 1171-A: Corporate affiliates
A franchisor may not use related entities or persons to do conduct this chapter otherwise prohibits for the franchisor.
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A franchisor may not use related entities or persons to do conduct this chapter otherwise prohibits for the franchisor.
The Secretary of State may grant manufacturer licenses, but a person generally may not act as a manufacturer or distributor without a license for each line make in the State.
This section defines key terms used in the chapter, including distributor, wholesaler, broker, board, manufacturer, motor vehicle dealer, and related franchise terms.
People who make direct or indirect purposeful contacts in this State for selling or advertising a motor vehicle, or who do business involving a motor vehicle in the State, are subject to this chapter.
Franchisees and motor vehicle dealers may sue for damages and equitable relief if harmed by a franchisor’s unfair competition or deceptive practices.
No new motor vehicle dealership may be established and no existing motor vehicle dealership may be relocated, except as follows. [PL 1981, c. 331, §7 (NEW).] 1. Notification. In the event that a manufacturer seeks to enter into a franchise
A new motor vehicle dealer and a manufacturer have different liability for vehicle damage during transport and delivery, and the dealer must note observed damage and promptly notify the manufacturer of concealed damage.
A designated family member may succeed to a deceased, incapacitated, or retiring dealer’s ownership or operation if the family member was designated in the required way, gives written notice within 120 days, and there is no good cause to refuse the succession.
A manufacturer must compensate a motor vehicle dealer, but does not have to pay more than the total value of the affected new motor vehicle. If the manufacturer does not comply, the dealer may file a complaint or sue for damages, costs, and attorney’s fees.
This section lists prohibited conduct and dealer obligations for motor vehicle franchise relationships, including unfair practices, coercion, discrimination, disclosure failures, and data-access limits.
A manufacturer must tell the dealer the delivery and preparation duties for motor vehicle dealers before new vehicles are delivered to retail buyers.
A manufacturer may audit a new motor vehicle dealer to check paid claims or charge-backs for customer or dealer incentives, and incentive-payment audits are limited to the 12 months before the dealer is notified. A franchisor may not deny claim or incentive elements tied to minor compliance mistakes or clerical/technic
A motor vehicle franchisor must pay warranty-related parts and labor claims to franchisees on specified terms, process claims within set deadlines, and may not impose certain burdensome markup or reimbursement restrictions.
It is unlawful to directly or indirectly impose unreasonable restrictions on a motor vehicle dealer or franchisee in connection with transfer, sale, renewal, termination, discipline, noncompetition covenants, site contracts, first refusal, purchase options, subjective standards, or legal/equitable rights.
Certain written or oral agreements between a manufacturer, wholesaler, or distributor and a motor vehicle dealer are covered by this chapter. New selling agreements or amendments must be sent to the dealer 90 days before they take effect.
A manufacturer, wholesaler, distributor, or franchisor may not, without due cause, fail to renew a franchise on equally available terms, terminate a franchise, or restrict transfer of a franchise unless the franchisee receives fair and reasonable compensation for the business value.
A franchisee has a right to free association with other franchisees for any lawful purpose.
A manufacturer, distributor, wholesaler, or corporate affiliate may not give a dealer discounts, refunds, or similar inducements for a sale to the State or a political subdivision unless the same offer is made to all dealers in the relevant market area.
This chapter does not apply to a person, partnership, firm, association, corporation or trust, resident or nonresident, that manufactures, assembles, distributes, sells, leases, solicits or advertises the sale or lease of a motor vehicle
Contracts or practices that violate this chapter are treated as against public policy and are void and unenforceable.
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