Title 10

This chapter may be known and cited as the "Regulation of Business Practices between Recreational Vehicle Manufacturers, Distributors and Dealers."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 427, §2 (NEW).] 1. Camping trailer. "Camping trailer" means a trailer constructed with collapsible partial side walls that fold for towing by another veh…

Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale or has business dealings with respect to a new recreational vehicle within the State is subject to this chapter.

The following acts are unfair methods of competition and unfair and deceptive practices. It is unlawful for any: [PL 1997, c. 427, §2 (NEW).] 1. Damage to public. Manufacturer or recreational vehicle dealer to engage in any action that is arbitrary, in bad faith or unconscionable…

1. Termination; cancellation; nonrenewal. A manufacturer or distributor, directly or through an authorized officer, agent or employee, may terminate, cancel or fail to renew a dealer agreement with or without good cause. If the manufacturer or distributor terminates, cancels or f…

A new recreational vehicle dealership may not be established and an existing recreational vehicle dealership may not be relocated, except as follows. [PL 1997, c. 427, §2 (NEW).] 1. Notification. If a manufacturer seeks to enter into a dealer agreement establishing an additional …

1. Liability of new dealer after acceptance. Notwithstanding the terms, provisions or conditions of any agreement or dealer agreement, the new recreational vehicle dealer is solely liable for damages to new recreational vehicles after acceptance from the carrier and before delive…

1. Right of family member. The right of a designated family member to succeed in dealer ownership is governed by the following provisions. A. Any designated family member of a deceased or incapacitated new recreational vehicle dealer who has been designated as successor to that d…

A manufacturer shall specify to the dealer the delivery and preparation obligations of its recreational vehicle dealers prior to delivery of new recreational vehicles to retail buyers. The delivery and preparation obligations of its recreational vehicle dealers and a schedule of …

1. Warranty obligations. A warrantor shall: A. Specify in writing to a dealer the dealer's obligations, if any, for preparation, delivery and warranty service on products covered by the warrantor; [PL 2009, c. 562, §21 (NEW).] B. Compensate the dealer for warranty service require…

1. Mediation. A dealer, manufacturer, distributor or warrantor injured by another party's violation of this chapter may bring an action pursuant to section 1447. Prior to bringing an action under section 1447, the party bringing the action for an alleged violation must serve a wr…

1. Warrantor. A warrantor shall indemnify and hold harmless its dealer against any losses or damages to the extent such losses or damages are caused by the negligence or willful misconduct of the warrantor. The dealer shall provide to the warrantor notice of a pending lawsuit or …

1. Prohibition. A manufacturer or distributor may not sell a recreational vehicle in this State to or through a dealer without having first entered into a dealer agreement with the dealer that has been signed by both parties. 2. Designation of area of sales responsibility. A manu…

Any dealer has the right of free association with other dealers for any lawful purpose.

In connection with a sale of a recreational vehicle or vehicles to the State or to any political subdivision of the State, a manufacturer may not offer discounts, refunds or any other similar type of inducement to a dealer without making the same offer or offers to all its dealer…

A contract or part of a contract or practice under a contract in violation of any provision of this chapter is against public policy and is void and unenforceable. An existing contract or part of a contract or practice in violation of any provision of this chapter is against publ…

Any manufacturer, warrantor, dealer or recreational vehicle dealer who has been damaged by reason of a violation of a provision of this chapter may bring an action to enjoin a person from acting as a dealer without being properly licensed, from violating or continuing to violate …

Venue for a civil action authorized by this chapter is exclusively in the county in which the dealer's business is located. In an action involving more than one dealer, venue may be in any county in which any dealer that is party to the action is located.

Actions arising out of any provision of this chapter must be commenced within 4 years after the cause of action accrues. If a person liable under this chapter conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of …

In construing this chapter the courts may be guided by the interpretations of the Federal Trade Commission Act, 15 United States Code, Section 45. [PL 1997, c. 427, §2 (NEW).] If any provision of this chapter is declared unconstitutional or the applicability of this chapter to an…

A person who violates any provisions of this chapter is subject to the jurisdiction of the courts of this State upon service of process in accordance with Title 14, chapter 203 and consistent with the maximum limits of due process as decided by the United States Supreme Court.

A person who violates this chapter is guilty of a Class E crime.

This chapter shall be known as the Motor Fuel Distribution and Sales Act.

The Legislature finds and declares that the distribution and retail sale of motor fuels at reasonable prices and in adequate supply throughout the State vitally affects the public health, welfare and safety, and that increased competition at all levels of the motor fuel market an…

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings: [PL 1975, c. 549 (NEW).] 1. Automotive product. "Automotive product" shall mean any product sold or distributed by a retailer for use with a motor vehicle, whet…

1. Franchise agreements. When a franchise agreement between a refiner and a retail dealer or a distributor or between a distributor and a retail dealer covers the sale of petroleum products and those sales constitute more than 35% of the retail dealer's gross sales and those gros…

No action may be brought under this chapter for a cause of action which arose more than 2 years prior to the date such action is brought.

1. Suit. If a franchisor or distributor engages in conduct prohibited under this chapter, a franchisee or a distributor may maintain a suit against such franchisor or distributor. 2. Court action. The court shall grant such equitable relief as is necessary to remedy the effects o…

1. Prohibition. No distributor, franchisor or refiner may impose any condition, restriction, agreement or understanding that unreasonably discriminates against or unreasonably limits the sale, resale, transfer or purchase of ethanol or other synthetic motor fuel of equivalent usa…

A distributor, blender or retail dealer is not liable for damages caused by the use of motor fuel containing more than 10% ethanol sold, consigned or distributed by that distributor, blender or retail dealer if the sale, consignment or distribution of that motor fuel is in accord…

1. Prohibition on sale of motor fuel containing corn-based ethanol. A distributor, blender or retail dealer may not sell, consign or distribute motor fuel containing corn-based ethanol. 2. Contingent effective date. This section does not take effect until at least 10 other states…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Motor carrier" has the same meaning as in Title 29‑A, section 101, subsection 37. [PL 2011, c. 85, §1 (NEW); PL 2011, c. 85, §2 (AFF).] B. "Motor …

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1975, c. 770, §57 (NEW).] 1. Conspicuous. "Conspicuous or conspicuously" means that a term or clause is written or printed in a manner that so differentiate…

Nothing in this chapter applies to motor vehicles sold, offered for sale or transferred for parts or scrap and not for transportation if that purpose is conspicuously written in the contract as follows: "This vehicle is sold for parts or scrap and not for transportation." Evidenc…

The provisions of this chapter may not be construed to limit or restrict in any way the rights or warranties provided to persons under any other law of this State, except that Title 11, section 2‑316, subsection (5) does not apply to transactions under this chapter.

1. Warranty content. A dealer warrants that the motor vehicle the dealer sells, negotiates the sale of, offers for sale or transfers to a person other than another dealer has been inspected in accordance with Title 29‑A, section 1751, and with the rules promulgated under that sec…

1. Written disclosure statement. No dealer may sell, negotiate the sale of, offer for sale or transfer any used motor vehicle, including any used motor vehicle transferred to another dealer, unless the dealer affixes to the vehicle a conspicuous written statement containing the i…

1. Failure to perform warranty obligations prohibited. A dealer may not fail to perform the dealer's obligation under a warranty made in accordance with this chapter. It does not constitute a failure to perform such obligations if a dealer refuses to act in accordance with the pr…

1. Violations of this chapter to be violations of Maine Unfair Trade Practices Act. A violation of this chapter constitutes a violation of Title 5, chapter 10. 2. Civil penalty. Each violation of this chapter constitutes a civil violation and shall be punished by a forfeiture of …

1. Exemption of State from liability. Whenever motor vehicles and equipment of a state agency as defined in Title 5, section 8002, subsection 2 are sold at a state auction, the State or any state employee shall not be liable for any personal injury or death or any property damage…

A person may not provide both mold assessment and remediation services on a building project unless the person has provided to the owner of the building or the owner's agent a signed disclosure statement regarding the potential for conflict of interest in providing both mold asse…

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1977, c. 660 (NEW).] 1. Insulation. "Insulation" means any material, including, but not limited to, mineral wool, cellulose fibre, vermeculite and perlite, …

No person shall install insulation in any existing residence for compensation without providing the owner or lessee in advance with a written contract which shall include, but not be limited to, the following provisions which shall be clearly and conspicuously disclosed in the co…

Any person who fails to provide the owner or tenant with an insulation contract, containing at least the minimum information required by section 1482, prior to this installation of insulation into an existing residence shall be deemed to have committed a civil violation for which…

This chapter does not apply to any person who provides to the owner or the lessee of a residence the labor or material for installing insulation in that residence if that person is not primarily engaged in the business of installing insulation and if that person does not advertis…