Title 445, TRADE AND COMMERCE

Sec. 5. A precious item received by a dealer shall be retained by the dealer for 9 calendar days after it was received, without any form of alteration other than that required to make an accurate appraisal of its value.

Sec. 6. A dealer or an agent or employee of a dealer shall not: (a) Knowingly receive or purchase a precious item from any person who is less than 18 years of age or any person known by the dealer or agent or employee of the dealer to have been convicted of theft or receipt of st…

Sec. 7. (1) A dealer or an agent or employee of a dealer who knowingly fails to make an entry of any material matter in his or her records kept as required by section 4 is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of $1,000.00, or bot…

Sec. 8. (1) A dealer who knowingly violates section 3(7), 3(8), 4(1)(e), 4(3), 4(4), or 4(5) is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year, or a fine of $1,000.00, or both. (2) A dealer who violates section 3(7), 3(8), 4(1)(e), 4(3), 4(4), or 4(5…

Sec. 9. A dealer or an agent or employee of a dealer who does any of the following is guilty of a felony, punishable by imprisonment for not more than 2 years, or a fine of $5,000.00, or both: (a) Totally fails to record a transaction on a record of transaction form as required b…

Sec. 10. A dealer who violates section 3(1) or 5 is guilty of a felony, punishable by imprisonment for not more than 2 years, or a fine of $5,000.00, or both.

Sec. 11. A person who has a precious item stolen, embezzled, or converted from him or her may bring an action for 3 times the amount of the damages, costs of suit, and reasonable attorneys' fees against any dealer who, by himself or herself or through his or her agent or employee…

Sec. 12. This act shall take effect 60 days after it is enacted into law.

Sec. 1. As used in this act: (a) "Advertisement" means a representation that is intended to induce, or is likely to induce, directly or indirectly, the purchase of a consumer item, service, good, merchandise, commodity, or real property. (b) "Mail order business" means a person t…

Sec. 2. A person shall not knowingly give a street address for publication, dissemination, circulation, or placement before the public in an advertisement unless the street address that indicates where business is actually conducted by the owner, manager, or repairperson or, if a…

Sec. 3. (1) This act shall not apply to an owner, publisher, printer, agent, or employee of a newspaper or other publication, periodical, circular, including those circulars prepared for national distribution, or outdoor advertising or of a radio or television station, who publis…

Sec. 4. (1) The attorney general may maintain an action to enjoin a continuing violation of this act. If the court finds that the defendant is violating or has violated this act, the court shall enjoin that defendant from a continuance of the violation. The court may enjoin the d…

Sec. 5. (1) Whether a person seeks damages or has an adequate remedy at law, a person may bring an action to do either of the following, or both, if the attorney general or prosecuting attorney fails to initiate action within 60 days after receiving notice of an alleged violation…

Sec. 6. A prosecuting attorney may conduct an investigation pursuant to this act and may institute and prosecute an action under this act in the same manner as the attorney general.

Sec. 7. This act shall not affect any other cause of action that is available and shall be liberally construed to effectuate its purpose. A city, village, township, or county shall not enact an ordinance or other regulation inconsistent with this act or with a rule promulgated un…

Sec. 8. This act shall take effect for advertisements sold after June 1, 1988.

Sec. 1. Any person, firm or corporation engaged in the business of purchasing poultry for the purpose of resale shall keep a record of the date of each such purchase, the name and residence of the seller, kind of poultry purchased and the description and number thereof, whether s…

Sec. 2. The seller shall at the time of making sale of any poultry as provided in the preceding section, truthfully state all of the facts as aforesaid; shall sign his name to such statement and shall certify to the correctness thereof.

Sec. 3. Each and every person, firm or corporation, so purchasing poultry as aforesaid, shall procure from the secretary of state, suitable blanks for such record. It shall be the duty of said secretary of state to furnish said blanks free of cost to the applicant upon demand; an…

Sec. 4. All such blanks when filled shall constitute a record of the purchase or purchases made; shall be safely kept by such purchasers for a period of 1 year and shall at all times be open to the inspection of all sheriffs, their deputies, police officers, or other law enforcem…

Sec. 5. Any person violating any of the provisions of the foregoing sections, shall be deemed guilty of a misdemeanor and punishable by any court of competent jurisdiction, by a fine of not exceeding 100 dollars or imprisonment in the county jail of the county where the offense i…

Sec. 1. (1) A person shall not carry on, conduct, or transact business in this state under an assumed name, or under a designation, name, or style other than the real name of the person owning, conducting, or transacting that business, unless the person files in duplicate in the …

Sec. 1a. The certificate when acknowledged and filed as required in section 1 shall authorize use of the assumed name for 5 years. If before the expiration date a renewal certificate, on forms to be provided by the county clerk, is filed with the clerk and a fee of $4.00 paid, th…

Sec. 2. Persons now owning or conducting such business under an assumed name, or under such designation referred to in section 1, shall file such certificate or renewal certificate as hereinbefore prescribed, within 90 days after this act shall take effect and after 30 days' noti…

Sec. 2-a. Whenever an assumed name concern has changed or changes its place of business, it shall be the duty of the person or persons conducting such business to file with the county clerk, with whom the certificate or renewal certificate required under the provisions of section…

Sec. 2-b. Whenever an assumed name concern shall go out of business, it shall be the duty of the person or persons, who have conducted such business, to file a certificate with the clerk of the county or counties in which such concern transacted business, of the discontinuance of…

Sec. 2c. Upon request and payment of $2.00 per copy, the clerk shall supply certified copies of the original or renewal certificates.

Sec. 3. (1) The county clerk shall keep an alphabetical index of all persons filing certificates, provided for in this act, and for the indexing and filing of the certificates, shall receive a fee of $10.00. A copy of the certificate duly certified to by the county clerk in whose…

Sec. 4. (1) The certificate referred to in section 1, for any person that is named in the certificate and is not an individual, shall state the nature of the entity; the statutory law, if any, under which it was organized; the place and the date of filing with any governmental au…

Sec. 5. Any person or persons owning, carrying on or conducting or transacting business as aforesaid, who shall fail to comply with the provisions of this act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $25.00 nor mor…

Sec. 1. (1) This act shall be known and may be cited as the "motor vehicle franchise act". (2) For the purposes of this act, the words and phrases defined in sections 2 to 6 have the meanings ascribed to them in those sections, except where the context clearly indicates a differe…

Sec. 2. (1) "Closed dealership" means a new motor vehicle dealer whose dealer agreement has been terminated, canceled, discontinued, or not renewed. (2) "Coerce" means to compel or attempt to compel a person to act in a given manner or to refrain from acting in a given manner by …

Sec. 3. (1) "Distributor" means any person, including importer, that is located in or outside of this state and is engaged in the business of offering for sale, selling, or distributing new and unaltered motor vehicles to a new motor vehicle dealer under a dealer agreement, that …

Sec. 4. (1) "Good faith" means that term as defined in section 1201 of the uniform commercial code, 1962 PA 174, MCL 440.1201. (2) "Good moral character" means good moral character as defined in and determined under 1974 PA 381, MCL 338.41 to 338.47. (3) "Line-make" means a colle…

Sec. 5. (1) "New motor vehicle" means a motor vehicle that is in the possession of the manufacturer, distributor, or wholesaler, or has been sold only to a new motor vehicle dealer and for which the new motor vehicle dealer has not issued an original title. (2) "New motor vehicle…

Sec. 6. (1) "Relevant market area" means 1 of the following: (a) In a county that has a population of more than 150,000, the area within a radius of 9 miles of the site of the intended place of business of a proposed new vehicle dealer or the intended place of business of a new v…

Sec. 7. (1) Notwithstanding any agreement, a manufacturer or distributor shall not cancel, terminate, fail to renew, or refuse to continue any dealer agreement with a new motor vehicle dealer unless the manufacturer or distributor meets all of the following: (a) Has satisfied the…

Sec. 8. Notwithstanding any agreement, the following alone shall not constitute good cause for the termination, cancellation, nonrenewal, or discontinuance of a dealer agreement under section 7(1)(c): (a) A change in ownership of the new motor vehicle dealer's dealership. This su…

Sec. 9. For each termination, cancellation, nonrenewal, or discontinuance, the manufacturer or distributor shall have the burden of proof for showing that it has acted in good faith, that the notice requirement has been complied with, and that there was good cause for the termina…

Sec. 10. Notwithstanding any agreement, prior to the termination, cancellation, nonrenewal, or discontinuance of any dealer agreement, the manufacturer or distributor shall furnish notice of the termination, cancellation, nonrenewal, or discontinuance to the new motor vehicle dea…

Sec. 11. (1) Subject to section 12, if a manufacturer terminates, cancels, does not renew, or discontinues a dealer agreement for any reason other than a reason described in section 10(c), or if a dealer agreement is terminated, canceled, nonrenewed, or discontinued as a result o…

Sec. 12. (1) A manufacturer shall pay the compensation for new motor vehicle inventory and items of personal property required under section 11(1) within 60 days after the effective date of the termination, cancellation, nonrenewal, or discontinuance, provided that the new motor …

Sec. 13. (1) A manufacturer shall not require any new motor vehicle dealer in this state to do any of the following: (a) Order or accept delivery of any new motor vehicle, a part or accessory of a new motor vehicle, equipment, or any other commodity not required by law that is no…

Sec. 14. (1) A manufacturer shall not do any of the following: (a) Adopt, change, establish, or implement a plan or system for the allocation and distribution of new motor vehicles to new motor vehicle dealers that is arbitrary or capricious or based on unreasonable sales and ser…

Sec. 14a. (1) A manufacturer shall not require that a new motor vehicle dealer, a proposed new motor vehicle dealer, or any owner of an interest in a dealership facility enter into or agree to a property use agreement as a condition to any of the following: (a) Awarding a dealer …

Sec. 14b. (1) A manufacturer shall not exercise a right of first refusal or other right to acquire a new motor vehicle dealership from a new motor vehicle dealer, unless the manufacturer does all of the following: (a) Within 75 days after the manufacturer receives a complete writ…