Maine Revised Statutes, Title 10, § 1183: Statute of limitation
Most actions under this chapter must be started within 4 years after the claim accrues, with an express exception for section 1174-D actions.
- Dispute resolution
- Litigation timing
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Maine Revised Statutes, Title 10, § 1184: Construction
When courts construe this chapter, they may be guided by interpretations of the Federal Trade Commission Act.
Maine Revised Statutes, Title 10, § 1185: Jurisdiction
A person who violates this chapter is subject to the courts of this State if process is served under Title 14, chapter 203 and within U.S. Supreme Court due process limits.
Maine Revised Statutes, Title 10, § 1186: Penalty
A person who violates any provision of this chapter, except section 1174-D, commits a Class E crime.
Maine Revised Statutes, Title 10, § 1187-A: Fund
The section creates the Maine Motor Vehicle Franchise Fund and requires the board to collect fees, review funding needs yearly, and keep the fund balance at least $20,000.
- Administration
- Fees
- Funding
- Manufacturers
- Motor vehicle dealers
Maine Revised Statutes, Title 10, § 1187: Maine Motor Vehicle Franchise Board; established
This section establishes the Maine Motor Vehicle Franchise Board to enforce the chapter and sets out its membership, chair duties, term limits, vacancy filling, compensation, and rulemaking authority.
- Board governance
- Franchise regulation
- Rulemaking
Maine Revised Statutes, Title 10, § 1188-A: Prehearing conference
The board must require the parties to attend a prehearing conference with the chair before hearing a complaint, no later than 45 days after the complaint is filed.
- Hearing procedure
- Settlement
Maine Revised Statutes, Title 10, § 1188: Duties
The board must review written complaints, issue written decisions, award costs and attorney’s fees, and impose a civil penalty in specified interim-order violation cases. It may also issue orders against violating franchisees or franchisors, appoint persons for out-of-state depositions, administer oaths, issue subpoena
- Board procedures
- Civil penalties
- Complaints handling
- Costs and attorney's fees
- Subpoenas
Maine Revised Statutes, Title 10, § 1189-A: Discovery
Parties to a hearing under this subchapter may use the same discovery procedures as under the Maine Rules of Civil Procedure, subject to board-adopted amendments to speed discovery. The board may enforce compliance with authorized discovery procedures, on application or on its own motion.
- Board enforcement
- Discovery
- Hearing procedure
Maine Revised Statutes, Title 10, § 1189-B: Appeal
A party appealing a board order to the Superior Court must state whether the appeal is on a legal issue or factual matter.
Maine Revised Statutes, Title 10, § 1189: Hearings
The board must hold a merits hearing on a complaint within 120 days after the complaint is filed, follow board-made rules for the hearing, issue a decision within 30 days after the hearing ends, and set the hearing location.
- Agency procedure
- Complaints
- Hearings
Maine Revised Statutes, Title 10, § 1190-A: Action filed; court
A court action covered by this chapter must be stayed if a party files a complaint with the board within 60 days after the later of filing or service of process.
Maine Revised Statutes, Title 10, § 1190: Statute of limitations
If a qualifying person files a complaint with the board, the applicable statute of limitations is tolled and a civil action in court is barred while the board proceedings are pending.
Maine Revised Statutes, Title 10, § 1191: Definitions
This section defines “dealer” and “motor vehicle” for this chapter.
- Motor vehicle leasing
- Motor vehicle sales
Maine Revised Statutes, Title 10, § 1192: Disclosure requirements
A dealer may not sell or offer to sell a new motor vehicle unless the dealer posts the required written disclosures on the windshield or side window.
- Dealer disclosure requirements
Maine Revised Statutes, Title 10, § 1193: Violations
1. Unfair trade practice. Any violation of this chapter shall constitute prima facie evidence of a violation of Title 5, chapter 10, the Maine Unfair Trade Practices Act. [PL 1989, c. 51 (NEW).]
- Legal violation
- Unfair trade practices
Maine Revised Statutes, Title 10, § 1194: Dealer sale practices for new or used motor vehicles
When selling new or used motor vehicles a dealer must adhere to the following sale practices. [PL 2001, c. 256, §2 (NEW).] 1. Dealer revocation of sale. If a dealer sells a new or used motor vehicle and allows the buyer to take possession
- Consumer reimbursement
- Dealer sale practices
- Sale cancellation
Maine Revised Statutes, Title 10, § 1196: Definitions
This section defines terms used in the chapter, including distributor/wholesaler, franchise, franchisee, franchisor, manufacturer, watercraft, and watercraft dealer.
- Franchising
- Watercraft dealership
- Watercraft distribution
Maine Revised Statutes, Title 10, § 1197: Warranty
A franchisor must reimburse a franchisee for warranty parts and labor, must not restrict warranty work in ways that impair compliance, and must decide and pay claims within set 30-day deadlines.
- Attorney's fees
- Claims processing
- Labor rates
- Parts reimbursement
- Warranty reimbursement
Maine Revised Statutes, Title 10, § 11: Maine Jobs, Trade and Democracy Act
This section creates the Maine Jobs, Trade and Democracy Act commission and requires it to meet, hear public testimony, assess trade impacts, report annually, and perform a 2009 evaluation.
- Commission operations
- Government reporting
- International trade
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