5
highlights
Vehicle, Parts, and Accessories Sales
Incentives Section 463(2)(g), (i)
page 16
•
The franchisor may not sell a vehicle, part, and/or
accessory at a lower actual price than that offered to any
other dealer.
•
Any incentives, plans, or programs must be reasonably
available to all dealers on a proportionally equal basis.
Ownership Succession – Section 463(2)(m)
page 18
•
The franchisor may not deny a surviving spouse or heirs
of a dealer the right to continue in the business, or
otherwise interfere with the continuation of the business
provided that the business is operated by competent
management.
Export Chargebacks – Section 463(2)(z)
page 24
•
The franchisor shall not charge back sales incentives or
related payments due to a vehicle that is exported if the
dealer can demonstrate it exercised due diligence and
the sale was made in good faith and without knowledge
of the purchaser’s intent to export the vehicle, or the
dealer reasonably relied upon the franchisor’s approval
to complete the sale. Registration of the vehicle (in any
state in the U.S.) and collection of applicable sales tax
will satisfy the due diligence requirement.
Relevant Market Area – Section 463(2)(cc)
page 25-27
•
Add point/Relocation
•
Requires franchisors to provide notice (via certified
mail) to existing dealers of a proposed new point or
relocation in a dealer’s Relevant Market Area.
