Massachusetts Statutes

Section 94. A contract or agreement between a propane gas dealer and a real property owner for the purchase and sale of propane gas shall not be binding upon or enforceable against a subsequent purchaser of said real property.

Section 95. For purposes of sections ninety-five to one hundred, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:— ''Listed action'', any (a) claim for personal injuries made against any provider of health care servic…

Section 96. (1) No plaintiff personal injury listing may be sold or otherwise distributed by a listing service unless it includes a clear and accurate statement of the following information as to each matter listed therein:— (a) the names and addresses of the parties; (b) the cla…

Section 97. Every listing service shall disclose in writing to all persons named in a plaintiff personal injury listing the fact of such listing and the information contained therein. Disclosure shall also include the identity of all subscribers to whom the person's listing has b…

Section 98. It is hereby declared to be an unfair and deceptive act or practice in violation of chapter ninety-three A for a subscriber, listing service, or nonsubscriber provider of health care services, or any of their agents, employees or other representatives to:— (a) Retalia…

Section 99. Any person who is aggrieved as a result of a violation of sections ninety-six to ninety-eight, inclusive, or the attorney general, may bring an action for recovery of actual damages or one thousand dollars, whichever is greater, and other relief, including injunctive …

Section 1. The following words, as used in this chapter unless the text otherwise requires or a different meaning is specifically required, shall mean— (a) ''Person'' shall include, where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorpora…

Section 10. Upon commencement of any action brought under section nine or section eleven, the clerk of the court shall mail a copy of the bill in equity to the attorney general and, upon entry of any judgment or decree in the action, the clerk of the court shall mail a copy of su…

Section 11. Any person who engages in the conduct of any trade or commerce and who suffers any loss of money or property, real or personal, as a result of the use or employment by another person who engages in any trade or commerce of an unfair method of competition or an unfair …

Section 2. (a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. (b) It is the intent of the legislature that in construing paragraph (a) of this section in actions brought under sections …

Section 3. Nothing in this chapter shall apply to transactions or actions otherwise permitted under laws as administered by any regulatory board or officer acting under statutory authority of the commonwealth or of the United States. For the purpose of this section, the burden of…

Section 4. Whenever the attorney general has reason to believe that any person is using or is about to use any method, act, or practice declared by section two to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the commonwe…

Section 5. In any case where the attorney general has authority to institute an action or proceeding under section four, in lieu thereof he may accept an assurance of discontinuance of any method, act or practice in violation of this chapter from any person alleged to be engaged …

Section 6. (1) The attorney general, whenever he believes a person has engaged in or is engaging in any method, act or practice declared to be unlawful by this chapter, may conduct an investigation to ascertain whether in fact such person has engaged in or is engaging in such met…

Section 7. A person upon whom a notice is served pursuant to the provisions of section six shall comply with the terms thereof unless otherwise provided by the order of a court of the commonwealth. Any person who fails to appear, or with intent to avoid, evade, or prevent complia…

Section 8. Upon petition by the attorney general, the court may for habitual violation of injunctions issued pursuant to section four order the dissolution, or suspension or forfeiture of franchise of any corporation or the right of any individual or foreign corporation to do bus…

Section 9. (1) Any person, other than a person entitled to bring action under section eleven of this chapter, who has been injured by another person's use or employment of any method, act or practice declared to be unlawful by section two or any rule or regulation issued thereund…

Section 1. As used in this chapter the following words shall have the following meanings: ''Boundary'', the property line of the address of the principal new motor vehicle sales facility approved by the manufacturer or distributor in the franchise agreement and utilized by a deal…

Section 10. (a) It shall be unlawful for a manufacturer or distributor, directly or indirectly, to coerce a motor vehicle dealer to agree to any restrictions relative to transfer, sale, ability to renew, termination, discipline, noncompetition covenants, site control, whether by …

Section 11. This chapter shall apply to all actions by a manufacturer or distributor which relate to the franchise relationship and which arise under any written or oral agreement between the manufacturer or distributor with a motor vehicle dealer including, but not limited to, t…

Section 12. If a manufacturer or distributor renews its franchise agreements periodically, it shall do so as their contractual periods expire on terms equally available to all of its motor vehicle dealers in the commonwealth unless there is good cause to do otherwise. Any notific…

Section 13. Every manufacturer, distributor, and motor vehicle dealer shall have the right of free association with other manufacturers, distributors, or motor vehicle dealers for any lawful purpose.

Section 14. Upon the written request of a motor vehicle dealer, manufacturer or distributor, the attorney general may enforce compliance with this chapter in accordance with sections 4 to 8, inclusive, of chapter 93A.

Section 15. (a) Any manufacturer, distributor or motor vehicle dealer who suffers any loss of money or property, real or personal, as a result of the use or employment by a manufacturer, distributor or motor vehicle dealer of an unfair method of competition or an unfair or decept…

Section 16. (a) Any provision of a franchise agreement or practice thereunder in violation of this chapter shall be against public policy and shall be void and unenforceable. (b) A clause or provision in a franchise agreement requiring the parties to submit to arbitration, mediat…

Section 17. Except as provided in subsection (f) of section 5 and subsection (e) of section 6, actions arising out of this chapter shall be commenced within 4 years next after the cause of action accrues; but if a person liable hereunder fraudulently conceals the cause of action …

Section 18. All rights and remedies accorded motor vehicle dealers under this chapter shall apply with equal force and effect to a distributor in its dealings with the manufacturer from which it purchases new motor vehicles.

Section 2. Any person who engages directly or indirectly in purposeful contacts in the commonwealth in connection with the offering or advertising for sale or has business dealings with respect to a motor vehicle in the commonwealth shall be subject to this chapter and shall be s…

Section 3. (a) Unfair methods of competition and unfair or deceptive acts or practices, as defined in section 4, are hereby declared to be unlawful. (b) In construing subsection (a) the courts may be guided by the interpretations of the Federal Trade Commission Act, 15 U.S.C. 45.…

Section 4. (a) It shall be a violation of subsection (a) of section 3 for any manufacturer, distributor, franchisor representative or motor vehicle dealer to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage to the manufacturer, dist…

Section 5. (a) It shall be a violation of subsection (a) of section 3 for a manufacturer, distributor or franchisor representative without good cause, in bad faith or in an arbitrary or unconscionable manner: (1) to terminate the franchise agreement of a motor vehicle dealer; (2)…

Section 6. (a) Except as provided in subsection (b) of this section, it shall be a violation of subsection (a) of section 3 for a manufacturer, distributor or franchisor representative without good cause, in bad faith or in an arbitrary or unconscionable manner to: (1) grant or e…

Section 7. (a) No manufacturer, distributor or dealer shall use any false or misleading advertisement in connection with its business as a manufacturer, distributor or dealer. (b) Any motor vehicle dealer advertising the price of a new motor vehicle shall include all charges of a…

Section 8. (a) Notwithstanding any terms or provisions of a franchise agreement to the contrary, a manufacturer or distributor shall indemnify its motor vehicle dealers and hold them harmless from and against all damages, liabilities, losses, and reasonable expenses of suit, incl…

Section 9. (a) Every manufacturer or distributor shall specify to its motor vehicle dealers the delivery and preparation work, if any, to be performed by its motor vehicle dealers. The compensation provided for the services shall be reasonable. (b)(1) A manufacturer or distributo…

Section 1. In this chapter unless the context otherwise requires, the following words shall have the following meanings: ''Interstate system'', that portion of the national system of interstate and defense highways located within this commonwealth, as officially designated, or as…

Section 2. Notwithstanding the provisions of chapter ninety-three, no outdoor advertising shall be erected or maintained within six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main travelled way of a highway in the interstate or primary sys…

Section 2A. Notwithstanding the provisions of chapter ninety-three, no outdoor advertising shall be erected or maintained more than six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main travelled way of a highway in the interstate or primary…

Section 3. Under the procedures set forth in chapter ninety-three, the board is authorized to issue permits for the erection and maintenance of signs, displays and devices described in clauses (a), (d), (e) and (f), of section two, provided, however, that the erection and mainten…

Section 4. Any outdoor advertising which violates the provisions of this chapter shall be deemed a public nuisance. The department shall have the same power to abate and remove any such nuisance as is given the board of health of a town under sections one hundred and twenty-three…

Section 5. The supreme judicial and superior courts shall have jurisdiction in equity upon the petition of the department, the board, the attorney general, of any city or town or any officer thereof, or of any interested party, to restrain the erection or maintenance of any outdo…

Section 6. The department is hereby authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas, and to establish centers at safety rest areas for the purpose of informing the public of places of interest…

Section 7. The department is hereby authorized to enter into an agreement with the United States Secretary of Transportation, as provided by Title 23 of the United States Code, to establish standards for size, lighting and spacing of signs, displays and devices described in subse…

Section 1. For the purpose of this chapter, the following words shall, unless the context otherwise requires, have the following meanings:— ''Supplier'', any person engaged in the sale, consignment or distribution of petroleum products to retail outlets. ''Dealer'', any person wh…

Section 2. This chapter shall apply to agreements pertaining to the sale of gasoline and related products when (a) more than twenty percent of the dealer's gross sales are covered by such agreement and (b) such gross sales covered by such agreement are more than twenty-five thous…

Section 3. A supplier shall disclose in writing to any prospective dealer the following information, before any agreement is concluded:— (a) The gallonage volume history, if any, of the location under negotiation for and during the three year period immediately past or for the en…