Title Minnesota Statutes, Minnesota Statutes

80D.20 RESIDENTS' REVIEW OF BUDGET; MONTHLY STATEMENTS. § Subdivision 1.Formation of association. The residents of a facility may form a residents' association to deal with common interests related to their residency. The association may be organized in any way so long as each re…

80E.01 LEGISLATIVE PURPOSE AND INTENT. The legislature finds and declares that the distribution and sale of motor vehicles within this state vitally affects the general economy of the state and the public interest and the public welfare, and that in order to promote the public in…

80E.02 APPLICABILITY. The provisions of sections 80E.01 to 80E.17 shall apply to all new motor vehicle dealers and contracts existing between new motor vehicle dealers and manufacturers on May 1, 1981 and to all subsequent contracts between new motor vehicle dealers and manufactu…

80E.03 DEFINITIONS. § Subdivision 1.Terms. As used in sections 80E.01 to 80E.17, unless the context otherwise requires, the following terms have the meanings given them. § Subd. 2.Motor vehicle. "Motor vehicle" is as defined in section 168.002, subdivision 18, but does not includ…

80E.041 WARRANTY OBLIGATIONS TO DEALERS. § Subdivision 1.Requirements. Each new motor vehicle manufacturer shall specify in writing to each of its new motor vehicle dealers licensed in this state the dealer's obligations for preparation, delivery, and warranty service on its prod…

80E.045 RECALL REPAIRS; MANUFACTURER AND DEALER OBLIGATIONS. § Subdivision 1.Requirements. (a) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required to perform recall repairs. Compensation for recall repairs must be reasonable and be consi…

80E.05 INDEMNIFICATION REQUIRED. Notwithstanding the terms of any franchise agreement to the contrary, it shall be a violation of sections 80E.01 to 80E.17 for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment fo…

80E.06 CANCELLATIONS, TERMINATIONS, OR NONRENEWALS. § Subdivision 1.Requirements. Notwithstanding the terms of any franchise agreement or waiver to the contrary, no manufacturer shall cancel, terminate, or fail to renew any franchise relationship with a licensed new motor vehicle…

80E.07 CANCELLATION, TERMINATION, OR NONRENEWAL; LIMITATIONS. § Subdivision 1.Circumstances not constituting good cause. Notwithstanding the terms of any franchise agreement or waiver to the contrary, the following examples represent circumstances which do not by themselves const…

80E.08 NOTICE OF TERMINATION, CANCELLATION, OR NONRENEWAL. § Subdivision 1.Requirements. Notwithstanding the terms of any franchise agreement or waiver to the contrary, prior to the termination, cancellation, or nonrenewal of any franchise, the manufacturer shall furnish notice o…

80E.09 PAYMENTS REQUIRED UPON TERMINATION, CANCELLATION, OR NONRENEWAL. § Subdivision 1.Requirements. Upon the termination, cancellation, or nonrenewal of any franchise, the new motor vehicle dealer shall, in the time prescribed, be allowed fair and reasonable compensation by the…

80E.11 SURVIVORSHIP. § Subdivision 1.Authorization. Any designated family member of a deceased or incapacitated owner of a new motor vehicle dealer may succeed to the ownership of the new motor vehicle dealer under the existing franchise or distribution agreement: (a) if the desi…

80E.12 UNLAWFUL ACTS BY MANUFACTURERS, DISTRIBUTORS, OR FACTORY BRANCHES. It shall be unlawful for any manufacturer, distributor, or factory branch to require a new motor vehicle dealer to do any of the following: (a) order or accept delivery of any new motor vehicle, part or acc…

80E.13 UNFAIR PRACTICES BY MANUFACTURERS, DISTRIBUTORS, FACTORY BRANCHES. It is unlawful and an unfair practice for a manufacturer, distributor, or factory branch to engage in any of the following practices directly or through an entity that it controls or is controlled by: (a) d…

80E.135 WAIVERS AND MODIFICATIONS PROHIBITED. § Subdivision 1.Prohibition. No manufacturer, distributor, or factory branch shall, before entering into a franchise with a new motor vehicle dealer or during the franchise term, use any written instrument, agreement, or waiver, to at…

80E.14 LIMITATIONS ON ESTABLISHING OR RELOCATING DEALERSHIPS. § Subdivision 1.Notification; protest; hearing. In the event that a manufacturer seeks to enter into a franchise establishing an additional new motor vehicle dealership or relocating an existing new motor vehicle deale…

80E.15 MANUFACTURERS, DISTRIBUTORS, FACTORY BRANCHES ACTING AS LESSORS. A manufacturer, distributor or factory branch acting in the capacity of lessor of buildings or facilities to a new motor vehicle dealer may not take any actions or include in a lease agreement relating to tho…

80E.16 ENFORCEMENT. § Subdivision 1.Civil penalty. Any person who violates section 80E.041, 80E.045, 80E.12, or 80E.13 shall be subject to a fine of not more than $2,000 for each violation. Any person who fails to comply with a final judgment or order rendered by a court of compe…

80E.17 CIVIL REMEDIES. Notwithstanding the terms of any franchise agreement or waiver to the contrary, any person whose business or property is injured by a violation of sections 80E.01 to 80E.17, or any person injured because of the refusal to accede to a proposal for an arrange…

80E.18 NO RETROACTIVE APPLICATION. The provisions of this chapter shall not apply to any action to terminate or cancel a motor vehicle franchise if the notice to terminate or cancel was given prior to May 1, 1981. Any such action to terminate or cancel shall be governed by the la…

80F.01 DEFINITIONS. § Subdivision 1.Scope. For the purposes of this chapter, the following terms have the meanings given to them in this section. § Subd. 2.Affiliate. "Affiliate" means a person who controls, is controlled by, or is under common control with, any other person. Aff…

80F.02 REQUIRED DISCLOSURES. § Subdivision 1.Form of disclosures. The disclosures required by this section must be made in writing by the supplier or its affiliate to the dealer, and must be made either prior to the execution of any marketing agreement or as part of the marketing…

80F.03 SURVIVORSHIP. § Subdivision 1.Designated family member. For purposes of this section, "designated family member" means the spouse, child, grandchild, parent, brother, or sister of the operator. § Subd. 2.Right to succeed to agreement. Any designated family member of a dece…

80F.04 ELIMINATION OF SERVICE BAYS PROHIBITED. § Subdivision 1.Service bays. For the purposes of this section, "service bay" means an enclosed area where automobile repairs are performed, including, but not limited to, lubrication, oil change, tire repair, battery charge, replace…

80F.05 HOURS OF OPERATION. A supplier may set forth in a marketing agreement the required number of hours per day and days per week that the dealer must maintain the retail outlet open for business. However, the supplier shall not unreasonably withhold consent to a modification o…

80F.06 OTHER BUSINESSES ON PREMISES. The supplier may set forth in the marketing agreement any prohibitions and limitations on the conduct of any other businesses at the facility, including a charge for additional rent where another business is permitted and conducted. However, t…

80F.07 PRICE CONTROLS. The price at which the dealer sells products shall not be fixed, established, or regulated by the supplier or the marketing agreement. History: 2000 c 456 s 12

80F.08 PROMOTIONAL REQUIREMENTS. No dealer or supplier shall be required to use any promotion, premium, coupon, giveaway, or rebate. Except as otherwise provided by law, nothing herein shall be construed to prohibit voluntary participation in a promotion, premium, coupon, giveawa…

80F.09 DISPOSITION OF PRODUCT. In the event of termination or nonrenewal of the marketing agreement, whether by mutual agreement or otherwise, the supplier shall purchase from the dealer products that were available for sale to the public at the facility and were purchased from t…

80F.10 FREE ASSOCIATION. No supplier shall restrict or prohibit, directly or indirectly, the right of free association among dealers for any lawful purpose. No dealer shall restrict or prohibit, directly or indirectly, the right of free association among suppliers for any lawful …

80F.11 RELEASE AND WAIVER. No party to a marketing agreement shall require as a condition of entering into the marketing agreement that the other party assent to a release or waiver of any rights provided by this chapter, or include in a marketing agreement a release of claims. A…

80F.12 SECURITY DEPOSIT. A security deposit shall not be required except for the purpose of securing against loss of or damage to real or personal property or payment of money due to the supplier or credit extended to the dealer. Any security deposit required of the dealer may be…

80F.13 VIOLATION OF LAW. No party to a marketing agreement shall require or encourage any other party to the marketing agreement to violate or conspire to violate any state, federal, or local laws. History: 2000 c 456 s 18

80F.14 ASSIGNMENT. § Subdivision 1.Lease arrangements. If a dealer leases a facility under a marketing agreement with the supplier or its affiliate, the provisions of this subdivision apply. A supplier shall not unreasonably withhold or delay its consent to any assignment or tran…

80F.15 ASSIGNMENT OF FACILITY LEASE OPTION. A supplier or an affiliate of a supplier who has an option to purchase, or an option to lease or extend the lease of a facility occupied by a dealer, who determines not to exercise the option, shall offer to assign or otherwise transfer…

80F.16 DEALER NOTICE OF TERMINATION. A dealer may only terminate a marketing agreement if the dealer provides 90 days' written notice of termination to the supplier. On or before the termination date, the dealer shall repay to the supplier any incentive money that is required to …

80F.17 ENFORCEMENT. Any person aggrieved by a violation of this chapter may obtain injunctive relief, damages, rescission, or other relief. It is not a defense to an action for injunctive relief that an aggrieved person may have adequate remedies at law. A party shall submit the …

80F.18 CHOICE OF LAW AND JURISDICTION. The laws of the state of Minnesota shall govern any marketing agreement whereby the dealer is or will be marketing motor vehicle fuel in Minnesota and venue for all actions shall be the state of Minnesota. Any condition, stipulation or provi…

80G.02 REGISTRATION. § Subdivision 1.Registration required. It is unlawful for a dealer or dealer representative to conduct a Minnesota transaction without being registered by the commissioner as provided for in this chapter. A dealer must submit an application to register itself…

80G.03 REGISTRATION DENIAL, NONRENEWAL, REVOCATION, AND SUSPENSION. § Subdivision 1.Authority. The commissioner may, by order, suspend, revoke, or refuse to issue or renew a dealer or dealer representative registration for any one or more of the following causes: (1) providing in…

80G.04 CRIMINAL CONVICTIONS. § Subdivision 1. Dealer registration precluded. The commissioner must deny an application for registration or renewal of a dealer, or revoke such registration, if the bullion product dealer or its owners or officers have within the last ten years been…

80G.05 SCREENING. § Subdivision 1.Screening process required. Each registered dealer must establish procedures to screen each of its owners and officers and each of its dealer representatives prior to submitting the application to the commissioner for initial registration and at …

80G.06 SURETY BOND. § Subdivision 1.Surety bond requirement. (a) Every dealer shall maintain a current, valid surety bond issued by a surety company admitted to do business in Minnesota in an amount based on the Minnesota transactions during the 12-month period prior to registrat…

80G.07 PROHIBITED CONDUCT. § Subdivision 1.Sales practices. When conducting a Minnesota transaction, a dealer or dealer representative must not: (1) prior to a transaction regarding bullion products, or concurrent with the delivery thereof, fail to provide to the consumer an invo…

80G.08 CRIMINAL VIOLATION. A person who conducts business as a dealer or as a dealer representative without having first registered with the commissioner as required in section 80G.02, subdivision 1, or who carries on such business after the revocation, suspension, or expiration …

80G.09 OTHER ACTION; LOCAL AUTHORITY. Nothing in this chapter precludes an action under chapter 80A or preempts local government authority under section 325F.742. History: 2013 c 120 s 9