Title 445, TRADE AND COMMERCE

Sec. 17a. (1) The principal factors in determining what constitutes reasonable compensation for parts reimbursement and labor rates for purposes of section 17(1) are as follows: (a) The retail price charged for parts by other similarly situated new motor vehicle dealers in a comp…

Sec. 17b. (1) A manufacturer shall compensate its new motor vehicle dealers a reasonable amount for all labor and parts required by the manufacturer to perform recall repairs. (2) If parts or a remedy are not reasonably available to perform a recall service or repair on a used ve…

Sec. 18. (1) Notwithstanding the terms, provisions, or conditions of any agreement, a new motor vehicle dealer is solely liable for damages to new motor vehicles after acceptance from the carrier and before delivery to the ultimate purchaser. Acceptance by the new motor vehicle d…

Sec. 19. (1) Notwithstanding the terms, provisions, or conditions of any dealer agreement, a manufacturer or distributor shall indemnify and hold harmless its new motor vehicle dealers against any judgment for damages or settlement agreed to in writing by the manufacturer, includ…

Sec. 20. (1) If a manufacturer terminates, cancels, fails to renew, or discontinues a dealer agreement, without good cause as described in this act, the new motor vehicle dealer may bring an action against the manufacturer to recover actual damages reasonably incurred by the deal…

Sec. 21. Upon proper application to the circuit court, a manufacturer or distributor or new motor vehicle dealer may obtain appropriate injunctive relief against termination, cancellation, nonrenewal, or discontinuance of a dealer agreement or any other violation of this act. The…

Sec. 22. Notwithstanding the terms, provisions, or conditions of a dealer agreement, this act shall have no application to dealers located outside the state of Michigan.

Sec. 22a. (1) The 1998 amendments to this act that added this section apply to agreements in existence on December 30, 1998 and to agreements entered into or renewed after December 30, 1998. (2) The amendments to this act made by the amendatory act that added this subsection appl…

Sec. 23. Act No. 331 of the Public Acts of 1978, being sections 445.521 to 445.534 of the Compiled Laws of 1970, is repealed.

Sec. 1. When any person, partnership, association or corporation sells goods, wares and merchandise to any person on credit and receives partial payment of the purchase price thereof, and rescinds the sale after investigation of the credit standing of the purchaser, the vendor sh…

Sec. 2. Any person who violates the provisions of this act is guilty of a misdemeanor.

Sec. 1. This act shall be known and may be cited as the "motor fuel distribution act".

Sec. 2. As used in this act: (a) "Contract" means any oral or written agreement. (b) "Franchise" means a contract between a refiner and a retailer or between a distributor and a retailer, under which a refiner or distributor authorizes or permits a retailer to use, in connection …

Sec. 3. (1) Following the death of a franchisee, who is not a trial franchise retailer, the franchise and any lease or other agreement in connection with the franchise shall devolve to the designated successor or secondary designee of the franchisee if prior to the franchisee's d…

Sec. 4. (1) A franchise agreement and any other lease or agreement in connection with the franchise agreement between a franchisor and a franchisee shall be transferable or assignable if the franchisor consents to the assignment. The franchisor's consent shall not be unreasonably…

Sec. 5. (1) The franchisor shall not prohibit a franchisee from closing during 1 recognized holiday per calendar year as determined by the franchisee. (2) The franchisee shall provide the franchisor with not less than 60 days' notice of any closing due to a holiday. (3) The perio…

Sec. 6. A person injured in the person's business or property by reason of a violation of this act may bring an action in the court having jurisdiction in the county where the defendant resides or is found, where the agent of the defendant resides or is found, or where service ma…

Sec. 7. This act shall not apply to any distributor who is not authorized to distribute motor fuels under a trademark owned or controlled by a refiner.

Sec. 8. (1) Sections 1, 2, 3, 4, 6, and 7 shall take effect October 1, 1990. (2) Section 5 shall take effect December 1, 1991.

Sec. 1. As used in this act: (a) "Annual percentage rate" means that term as defined in and determined under the truth in lending act, 15 USC 1601 to 1667f. (b) "Commissioner" means the commissioner of the office of financial and insurance regulation of the department of licensin…

Sec. 2. (1) Except on the basis of written policies or criteria uniformly applied to all neighborhoods within a particular standard metropolitan statistical area or within the county in areas outside a standard metropolitan statistical area, a credit granting institution shall no…

Sec. 2a. (1) Except as provided in subsection (2), a credit granting institution that requires a mortgagor to maintain property/casualty insurance as a condition to receiving a mortgage loan shall not require the amount of the property/casualty insurance to be greater than the re…

Sec. 3. (1) Except as otherwise prohibited in section 2, lending policies and criteria of a credit granting institution used in the consideration of a loan application shall include without limitation the following: (a) Consideration of the credit eligibility of the applicant and…

Sec. 4. This act shall not be construed to prohibit the United States, this state, a local governmental entity, an agency or instrumentality of any of the preceding entities, a nonprofit organization, or a credit granting institution acting with the permission of the commissioner…

Sec. 5. (1) A credit granting institution shall post a written notice in a conspicuous place to reasonably apprise a loan inquirer or applicant of his or her rights under this act in the institution's main office and each branch office or service center in the following language:…

Sec. 7. A credit granting institution shall retain, for a period of 25 months after a loan application has been submitted or until the loan is repaid, whichever is earlier, a complete record of each loan application which has been accepted, rejected, or varied and the reason for …

Sec. 8. (1) If in the opinion of the commissioner a credit granting institution is violating or has violated this act, or upon receipt of a written complaint of an alleged violation of this act by a credit granting institution, the commissioner shall investigate the alleged viola…

Sec. 9. (1) The commissioner shall encourage credit granting institutions to cooperate with local citizen's groups and governing bodies of local units of government in the formation and operation of voluntary mortgage review boards. The purpose of voluntary local mortgage review …

Sec. 10. The commissioner may promulgate rules as to the form of information required to be given, disclosed, or maintained under this act and as to the enforcement provisions of sections 8, 11, and 12.

Sec. 11. (1) A person may commence an action in the circuit court to seek an injunction for a violation or to seek damages for a violation of this act, or both. The commissioner may join as a party plaintiff in an action. A person shall not be entitled to damages under this act u…

Sec. 12. If the commissioner finds that a credit granting institution has violated this act, the commissioner may assess a fine of not more than $2,000.00 for each violation, except that a credit granting institution which has violated section 2 shall be fined not more than $10,0…

Sec. 13. An action shall not be commenced under this act more than 2 years after the occurrence giving rise to the cause of action.

Sec. 14. This act shall not take effect until July 1, 1978.

Sec. 1. This act shall be known and may be cited as the "business coordination procedures act".

Sec. 2. The words and phrases defined in sections 3 and 4 have the meanings ascribed to them in those sections.

Sec. 3. (1) "Applicant" means any person attempting to secure a permit. (2) "Department" means the department of commerce. (3) "Executive director" means the chief administrator of the office.

Sec. 4. (1) "Office" means the office of business permits created in section 5. (2) "Permit" means any state agency permit, license, certificate, approval, registration, or similar form of permission required by law or state agency rule for the formation and operation of a sole p…

Sec. 5. (1) The office of business permits is created within the department. A representative from each state department, appointed by the director of that department, shall serve as a liaison between his or her department and the office and shall assist the executive director in…

Sec. 6. (1) Not later than 90 days after the effective date of this act, each state agency required to review, approve, or grant permits shall report to the office, in a form prescribed by the office, on each type of such review, approval, and permit administered by the state age…

Sec. 7. (1) Within 180 days after the effective date of this act, the office shall develop and implement a master application procedure to expedite the identification and processing of permits. A master application shall be made on a form prescribed by the office and shall includ…

Sec. 8. Upon request of a person and if the executive director considers it advisable, the office may conduct a preapplication conference at which affected state agencies shall participate in order to clarify the nature and scope of their interest, to provide guidance to the pers…

Sec. 9. To the extent possible, the office, upon the request of an applicant who has had 1 or more permit applications rejected by a state agency, shall clarify to the applicant the reasons for the rejection of the permit application and shall explain the steps that the applicant…

Sec. 10. Services rendered by the office shall be made available without cost to the applicant.

Sec. 11. The legislature annually shall appropriate a sum sufficient to implement this act.

Sec. 12. The executive director annually shall report to the governor and the legislature on the effectiveness of the office in assisting applicants in obtaining permits, including the number of master applications the office had processed during the year and the number of applic…

Sec. 13. The department shall promulgate rules to implement this act pursuant to the administrative procedures act, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws.

Sec. 14. This act shall not apply 5 years after the effective date of this act.