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PRIA provides educational policy intelligence and is not a source of investment, legal, or financial advice. Content is for informational purposes only.

Michigan Statutes, Title 445

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Michigan/Statutes

← All Michigan coverage

Title 445, TRADE AND COMMERCE

115 chapters · 772 sections in this title.

All chapters in Title 445772 Ch 173-of-1987, MORTGAGE BROKERS, LENDERS, AND SERVI…42 Ch 331-of-1976, MICHIGAN CONSUMER PROTECTION ACT37 Ch 269-of-1974, FRANCHISE INVESTMENT LAW34 Ch 332-of-1965, HOME IMPROVEMENT FINANCE ACT34 Ch 118-of-1981, MOTOR VEHICLE FRANCHISE ACT28 Ch 224-of-1966, RETAIL INSTALLMENT SALES ACT27 Ch 424-of-1984, RENTAL-PURCHASE AGREEMENT ACT20 Ch 452-of-2004, IDENTITY THEFT PROTECTION ACT20 Ch 274-of-1984, MICHIGAN ANTITRUST REFORM ACT19 Ch 229-of-2013, SECURITY FREEZE ACT18 Ch Initiated Law 1-of-1976, BEVERAGE CONTAINERS17 Ch 155-of-1981, OWNERSHIP RIGHTS IN DIES, MOLDS, AND…17 Ch 33-of-2009, RECREATIONAL VEHICLE FRANCHISE ACT15 Ch 15-of-2011, SHOPPING REFORM AND MODERNIZATION ACT14

772 sections·Filtered byTitle 445✕

Mich. Comp. Laws § 445.1567 Cancellation, termination, nonrenewal, or discontinuance of dealer agreement; conditions; existence of good cause; failure to comply with agreement; notification; evidence in writing.
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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…
Mich. Comp. Laws § 445.1568 Acts not constituting good cause for termination, cancellation, nonrenewal, or discontinuance of dealer agreement.
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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…
Mich. Comp. Laws § 445.1569 Burden of proof.
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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…

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Mich. Comp. Laws § 445.1570 Notice of termination, cancellation, nonrenewal, or discontinuance of dealer agreement.

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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…

Mich. Comp. Laws § 445.1571 Compensation of dealer generally.

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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…

Mich. Comp. Laws § 445.1572 Payment of compensation; time; determination of amount; interest; definitions.

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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 …

Mich. Comp. Laws § 445.1573 Requiring dealer to perform certain duties prohibited; definitions.

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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…

Mich. Comp. Laws § 445.1574 Prohibited conduct by manufacturer.

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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…

Mich. Comp. Laws § 445.1574a Property use agreement not required as condition; exception; termination of agreement between manufacturer and new motor vehicle dealer; effect of inconsistent provision; "property use agreement" defined.

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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 …

Mich. Comp. Laws § 445.1574b Right of first refusal; conditions; liability; definitions.

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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…

Mich. Comp. Laws § 445.1575 Succession to dealership by designated family member of deceased or incapacitated dealer or executive manager of dealership; conditions; refusal to honor existing dealer agreement for good cause; personal and financial information; notice of refusal to approve succession; contents; service; designation of successor by written instrument.

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Sec. 15. (1) If a new motor vehicle dealer dies or becomes incapacitated, any designated family member of the dealer or executive manager of the dealership may succeed the dealer in the ownership or operation of the dealership under the existing dealer agreement if the designated…

Mich. Comp. Laws § 445.1576 Establishment or relocation of additional dealer; notice; declaratory judgment action; exception; judicial determination of good cause.

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Sec. 16. (1) As used in this section, "relocate" and "relocation" shall not include the relocation of a new motor vehicle dealer within 2 miles of its established place of business. (2) Before a manufacturer or distributor enters into a dealer agreement establishing or relocating…

Mich. Comp. Laws § 445.1577 Dealer's obligations for preparation, delivery, and warranty service; written specifications; compensating dealer for required warranty service; schedule of compensation; prohibited conduct; claims for labor and parts; payment; approval or disapproval; charge back for false or fraudulent claims; records of warranty repairs; compensation and claims for promotion events, programs, or activities; approval or disapproval of claims; meeting; disclosure of proprietary or confidential information; audit.

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Sec. 17. (1) A manufacturer shall specify in writing to each of its new motor vehicle dealers licensed in this state the dealer's obligations for preparation, delivery, recall service, and warranty service on its products. A manufacturer shall compensate a new motor vehicle deale…

Mich. Comp. Laws § 445.1577a Reasonable compensation for parts reimbursement and labor rates; factors.

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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…

Mich. Comp. Laws § 445.1577b Compensation to perform recall repairs; conditions; application of section; prohibited conduct; stop-sale order; exclusive remedy.

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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…

Mich. Comp. Laws § 445.1578 Liability for damage to new motor vehicles; rejection of new motor vehicle by dealer; credit.

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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…

Mich. Comp. Laws § 445.1579 Indemnification of dealer against certain judgments; payment of costs, fees, and judgments; notice.

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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…

Mich. Comp. Laws § 445.1580 Action for damages or declaratory judgment; liability.

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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…

Mich. Comp. Laws § 445.1581 Injunctive relief.

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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…

Mich. Comp. Laws § 445.1582 Act inapplicable to dealer outside Michigan.

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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.

Mich. Comp. Laws § 445.1582a Existing agreements and agreements entered into or renewed after effective date.

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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…

Mich. Comp. Laws § 445.1583 Repeal of MCL 445.521 to 445.534.

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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.

Mich. Comp. Laws § 445.141 Vendor's rescission of sale of goods; refund; goods, possession.

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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…

Mich. Comp. Laws § 445.142 Violation of act; penalty.

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

Mich. Comp. Laws § 445.1801 Short title.

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

Mich. Comp. Laws § 445.1802 Definitions.

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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 …

Mich. Comp. Laws § 445.1803 Death of franchisee; devolution of franchise and lease or other agreement to designated successor or secondary designee; standards; limitation; notice; applicability of section.

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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…

Mich. Comp. Laws § 445.1804 Franchise and lease or other agreement; transfer or assignment; consent; standards; notice of intent; objection; approval; compliance; assumption of obligations; effect of termination or nonrenewal of franchise; option of franchisor to purchase; exception.

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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…

Mich. Comp. Laws § 445.1805 Closing during holiday.

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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…

Mich. Comp. Laws § 445.1806 Violation of act resulting in injury; action for injunctive relief or damages; jurisdiction; fees and costs.

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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…

Mich. Comp. Laws § 445.1807 Applicability of act.

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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.

Mich. Comp. Laws § 445.1808 Effective date of MCL 445.1801, 445.1802, 445.1803, 445.1804, 445.1806, 445.1807; effective date of MCL 445.1805.

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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.

Mich. Comp. Laws § 445.1601 Definitions.

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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…

Mich. Comp. Laws § 445.1602 Denying loan application or varying terms or conditions of loan contract; uniform application of policy or criteria; basis for consideration of loan application; minimum mortgage amount; minimum loan amount; opportunity to submit loan application; credit unions; written statement; compliance with equal credit opportunity act; application fee; copy of appraisal; copies of forms, reports, and correspondence; liability for error or omission; loan inquiry; pamphlet or document explaining criteria.

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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…

Mich. Comp. Laws § 445.1602a Property/casualty insurance as condition to loan; limitation on amount required; amount as condition of sale, transfer, or assignment.

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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…

Mich. Comp. Laws § 445.1603 Lending policies and criteria; loan application procedures and contract terms.

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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…

Mich. Comp. Laws § 445.1604 Advantageous loan terms.

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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…

Mich. Comp. Laws § 445.1605 Notice to loan inquirers or applicants; posting; contents.

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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:…

Mich. Comp. Laws § 445.1607 Retention of records and documents.

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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 …

Mich. Comp. Laws § 445.1608 Violation; investigation; progress report; hearing; report; availability of information.

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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…

Mich. Comp. Laws § 445.1609 Voluntary mortgage review boards; mandatory mortgage review boards.

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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 …

Mich. Comp. Laws § 445.1610 Rules.

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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.

Mich. Comp. Laws § 445.1611 Injunction; damages; commissioner as party plaintiff; class actions prohibited.

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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…

Mich. Comp. Laws § 445.1612 Violation; fine; costs of investigation; proceedings.

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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…

Mich. Comp. Laws § 445.1613 Commencement of action; limitation.

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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.

Mich. Comp. Laws § 445.1614 Effective date.

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

Mich. Comp. Laws § 445.11 Short title.

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

Mich. Comp. Laws § 445.12 Meanings of words and phrases.

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

Mich. Comp. Laws § 445.13 Definitions; A to E.

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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.

Mich. Comp. Laws § 445.14 Definitions; O to S.

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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…