Title 45 — Trade and Commerce
49 chapters · 1,288 sections in this title.
AS 45.25.010 Applicability.
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AS 45.25.020 — 45.25.310 apply to franchise agreements between a manufacturer and its new motor vehicle dealers in this state.
AS 45.25.020 Jurisdiction; venue.
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(a) The courts of this state have jurisdiction over a legal dispute between a manufacturer located in or outside this state and a new motor vehicle dealer located in this state, and the dispute is governed by and interpreted and adjudicated under the law of this state. (b) Venue …
AS 45.25.030 Corporate affiliates.
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Article 2. Franchise Agreements. (a) A manufacturer may not use a subsidiary corporation, affiliated corporation, partnership, association, or other person to accomplish what would be prohibited for the manufacturer under this chapter. (b) This section does not limit the right of…
AS 45.25.100 Consistency with state law.
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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.
AS 45.25.110 Termination of franchise agreements.
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(a) A manufacturer may not terminate a franchise agreement with a new motor vehicle dealer unless (1) the manufacturer has (A) complied with the notice requirements of this chapter; and (B) shown that there is good cause for the termination of the franchise agreement, and, if the…
AS 45.25.120 Notice of termination.
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(a) A manufacturer shall furnish a notice of termination of a franchise agreement to a new motor vehicle dealer at least (1) 90 days before the effective date of a termination, except as required under (2) or (3) of this subsection; (2) 15 days before the effective date of a term…
AS 45.25.130 Threat of termination.
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(a) A manufacturer or manufacturer representative may not coerce or attempt to coerce a new motor vehicle dealer to enter into an agreement with the manufacturer or a subsidiary of the manufacturer, or to do any other act unfair to the new motor vehicle dealer, by threatening to …
AS 45.25.140 Repurchase obligations on termination.
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(a) Upon the termination of a new motor vehicle dealer's franchise agreement by the manufacturer or distributor, the manufacturer or distributor shall repurchase from the new motor vehicle dealer at (1) the new motor vehicle dealer's net acquisition cost, if the motor vehicles ha…
AS 45.25.150 Required compensation for new motor vehicle dealer facilities.
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(a) Upon termination by the manufacturer or distributor, the manufacturer or distributor shall compensate the new motor vehicle dealer for new motor vehicle dealer facilities a sum equivalent to the (1) rent for the unexpired term of the lease or 18 months, whichever period is sh…
AS 45.25.160 Prevention of or refusal to honor transfer of new motor vehicle dealership ownership.
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(a) A manufacturer may not unreasonably prevent or refuse to honor the transfer of ownership of a new motor vehicle dealership to a buyer who is capable of being licensed as a new motor vehicle dealer in this state and who meets the standards established by the manufacturer, if t…
AS 45.25.170 Succession.
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(a) A manufacturer or distributor may not prevent or refuse to honor the succession to a new motor vehicle franchise of an heir or devisee under a will of a franchisee, under a written instrument filed with the manufacturer or distributor designating any person as the successor f…
AS 45.25.180 New dealerships.
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(a) Before a manufacturer or distributor enters into a franchise establishing or relocating a new motor vehicle dealer within a relevant market area where the same line make is represented, the manufacturer or distributor shall give 90 days' written notice to each new motor vehic…
AS 45.25.190 Arbitration.
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In a controversy between a manufacturer and a new motor vehicle dealer under AS 45.25.010 — 45.25.310, neither the manufacturer nor the new motor vehicle dealer is required to submit the controversy to arbitration. If both the manufacturer and the new motor vehicle dealer agree t…
AS 45.25.200 Payment and approval of claims.
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(a) A manufacturer shall pay a new motor vehicle dealer for all warranty work. The manufacturer may not deny a claim for warranty work to resolve a condition discovered and properly repaired by the dealer during the course of a separate repair, if the dealer provides the required…
AS 45.25.210 Rates and time allowances for warranty and other work.
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(a) A manufacturer shall provide each of its new motor vehicle dealers with the schedule of compensation that the manufacturer shall pay to the new motor vehicle dealer for warranty work that the manufacturer requires the new motor vehicle dealer to perform for the manufacturer's…
AS 45.25.220 Performance and reimbursement of certain repairs.
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(a) Except as provided in (b) of this section, if a new motor vehicle needs repairs that are covered under a manufacturer's warranty, and if the new motor vehicle is located in a remote location, the manufacturer shall make reasonable efforts to arrange for the new motor vehicle …
AS 45.25.230 Preparation and service before delivery.
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Article 3. Manufacturer and Distributor Practices. A manufacturer and a distributor shall provide in writing the following information to their new motor vehicle dealers about new motor vehicles and other products received from the manufacturer or distributor: (1) the specific ob…
AS 45.25.300 Unfair practices.
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A manufacturer may not (1) 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 alterations would be unr…
AS 45.25.310 Discrimination.
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A manufacturer may not unfairly discriminate among new motor vehicle dealers with respect to warranty reimbursements or authority granted new motor vehicle dealers to make warranty adjustments with retail customers.
AS 45.25.320 Time limits on claim audits, claim denials, claim reductions, and charge backs.
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Article 4. Dealer Practices.
AS 45.25.400 Prohibited use of advertising terms.
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(a) A motor vehicle dealer may not use the term “invoice,” “factory invoice,” “dealer invoice,” “dealer cost,” “wholesale price,” or any other term of similar meaning in an advertisement for the sale of a motor vehicle. (b) A motor vehicle dealer may use the term “manufacturer's …
AS 45.25.410 Availability of advertised items.
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A motor vehicle dealer may not advertise a new motor vehicle at a specified dealer price with the intent not to supply reasonably expected demand, unless the advertisement discloses the number of vehicles in stock at the advertised price.
AS 45.25.420 Display of motor vehicles.
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A motor vehicle dealer shall display all vehicles advertised for sale for the duration of the sale period in a conspicuous and clearly visible location on the dealer's premises. The advertised sale price for each vehicle must be clearly marked on the vehicle so the consumer can r…
AS 45.25.430 Refusal to sell on advertised terms and conditions.
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A motor vehicle dealer may not refuse to sell a motor vehicle on the terms and conditions that the dealer has advertised. This section does not apply if (1) the dealer can document that the advertised term or condition was the result of an error on the part of the advertising med…
AS 45.25.440 Advertised price.
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A motor vehicle dealer's advertised price for a motor vehicle must include all dealer fees and costs, except for fees, such as licensing fees, registration fees, title transfer fees, and sales taxes, actually paid to a government agency. In this section, “dealer fees and costs” i…
AS 45.25.450 Advertised price comparisons, reductions, and discounts.
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(a) A motor vehicle dealer may not make a price comparison, price reduction, or price discount in an advertisement unless the comparison, reduction, or discount complies with this section. (b) A motor vehicle dealer may advertise a price comparison for a new motor vehicle with th…
AS 45.25.460 Advertising and selling practices generally.
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(a) In addition to the provisions of AS 45.50.471 and regulations adopted under AS 45.50.471, a motor vehicle dealer (1) may not represent the dealer document preparation fee as a government fee; (2) may not advertise a specific motor vehicle for sale unless the vehicle identific…
AS 45.25.465 Sales of used motor vehicles; required disclosures.
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(a) Before the sale of a used motor vehicle, a motor vehicle dealer shall, (1) when obtaining a used motor vehicle from an individual consumer, make a reasonable inquiry of the seller into the condition of the vehicle, including the accident and repair history of the vehicle; the…
AS 45.25.470 Sales of vehicles manufactured for sale in a foreign country.
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Before sale, a motor vehicle dealer shall disclose in writing whether a motor vehicle was originally manufactured for sale in Canada or another foreign country.
AS 45.25.480 Identification number plates.
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A motor vehicle dealer may not knowingly purchase or sell a vehicle that has an altered or removed vehicle identification number plate, or alter or remove a vehicle identification number plate.
AS 45.25.490 Required documentation.
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A motor vehicle dealer may not enter into a contract to sell a motor vehicle unless the motor vehicle dealer holds a manufacturer's statement of origin, a title, or another properly executed document reasonably necessary to obtain the statement of origin or title for transfer of …
AS 45.25.500 Trade-ins.
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A motor vehicle dealer may not transfer title to a trade-in vehicle or perform any repairs or reconditioning on a trade-in vehicle before the completion of the sales transaction for which the vehicle is a trade-in.
AS 45.25.510 Disclosure of damages.
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(a) Before entering into a new motor vehicle sales contract, a new motor vehicle dealer shall disclose in writing to a buyer of the new motor vehicle any known damage and repair to the new motor vehicle if the damage exceeds five percent of the manufacturer's suggested retail pri…
AS 45.25.520 Form of disclosures.
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Except as provided in AS 45.25.460(a)(6)(A), if a disclosure is required by this chapter with respect to a motor vehicle advertisement, the disclosure must be made in a clear and conspicuous manner.
AS 45.25.530 Disclosure regarding receipt of commissions.
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If a motor vehicle dealer's service operations employees receive a commission for the amount of work they perform, the motor vehicle dealer shall post a conspicuous sign that is visible to service customers that the dealer's service operations employees work on commission.
AS 45.25.590 Definitions.
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Article 5. Sales and Service Contracts. In AS 45.25.400 — 45.25.590, (1) “advertise,” “advertised,” “advertising,” and “advertisement” include representations, whether made on or off store premises, made to persons in the print media, in the broadcast media, on the computer, in a…
AS 45.25.600 Title transfer.
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A motor vehicle dealer may not transfer the title for a motor vehicle to a buyer before all of the sale documents, including any finance contract arranged by the seller, are complete and executed in final form by all parties to the sale.
AS 45.25.610 Sales contracts.
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(a) A motor vehicle sales contract must be in writing, signed by both the seller and buyer, and completed as to all essential provisions before the signing of the contract by the buyer and before delivery of the vehicle to the buyer. (b) [Repealed, § 9 ch 171 SLA 2004.] (c) If a …
AS 45.25.620 Service contracts.
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(a) A motor vehicle service contract must be in writing and contain all essential provisions regarding the administration of the contract. (b) If a service contract is included in a motor vehicle sale, the seller shall, before delivery of the motor vehicle, give to the buyer a wr…
AS 45.25.630 Discharged amounts in motor vehicle leases.
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Article 6. General Provisions. (a) Notwithstanding another provision of law to the contrary, if the amount to be paid by a lessee under a motor vehicle lease includes a discharged amount, the inclusion of the discharged amount in the amount to be paid under the lease is not a loa…
AS 45.25.900 Conflict with other law.
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If a provision of this chapter conflicts with another provision of this title, this chapter controls.
AS 45.25.910 Remedial purpose.
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The provisions of this chapter are remedial.
AS 45.25.990 Definitions.
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In this chapter, (1) “dealer” means a new motor vehicle dealer or used motor vehicle dealer; (2) “dealership” means the business entity that is operated by a motor vehicle dealer; (3) “distributor” means a person or entity who sells or distributes new or used motor vehicles to mo…