Title 43

NRS 482.3634 “Relevant market area” defined. “Relevant market area” means any area within a radius of 10 miles of an existing dealer who sells vehicles of the same line and make. (Added to NRS by 1977, 554; A 1981, 702)

NRS 482.36345 “Representative” defined. “Representative” means any person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturer’s or distributor’s new vehicles to dealers or for regularly supervising or commun…

NRS 482.36348 “Vehicle” defined. “Vehicle” means a motor vehicle or a recreational vehicle. The term includes a recreational vehicle designed to be mounted upon or drawn by a motor vehicle. (Added to NRS by 2003, 20th Special Session, 299)

NRS 482.36349 Certain manufacturers not subject to provisions governing franchises for sales of motor vehicles. 1. Except as otherwise provided in subsection 3, a manufacturer is not subject to the provisions of NRS 482.36311 to 482.36425, inclusive, if the manufacturer: (a) Only…

NRS 482.36352 Termination or discontinuation of franchise: Notice; grounds; protest by dealer; hearing. 1. Notwithstanding the terms of any franchise, a manufacturer or distributor shall not terminate or refuse to continue any franchise unless it has received the written consent …

NRS 482.363521 Termination or discontinuation of franchise: Compensation of dealer. 1. Upon the termination or refusal to continue a franchise, the manufacturer or distributor shall compensate the dealer for: (a) The dealer’s inventory of new vehicles, including new vehicles not …

NRS 482.363523 Termination or discontinuation of franchise: Duties of dealer. Upon the termination or refusal to continue a franchise, the dealer: 1. May not require reimbursement by the manufacturer or distributor for any parts or services furnished by the dealer, after the effe…

NRS 482.36354 Modification or replacement of franchise: Notice; protest by dealer; hearing; change of area of primary responsibility of dealer; requirement for franchise agreement to be offered if manufacturer is purchased by another manufacturer or entity. 1. A manufacturer or d…

NRS 482.36355 Considerations for determining good cause for termination, discontinuation, modification or replacement of franchise. In determining whether good cause has been established for permitting a manufacturer or distributor to terminate, refuse to continue, modify or repl…

NRS 482.36356 Additional criteria for determining existence of good cause for termination, discontinuation, modification or replacement of franchise or for establishing additional dealership or relocating existing dealership. 1. In addition to other criteria provided for determin…

NRS 482.36357 Establishment or relocation of dealership in marketing area of dealer in same line and make of vehicles: Notice; protest of dealer; hearing; exemptions. 1. Except as otherwise provided in subsection 2, a manufacturer or distributor shall not enter into a franchise w…

NRS 482.363571 Manufacturer prohibited from modifying franchise of or taking adverse action against dealer for selling vehicle which is later exported outside of United States; exception. A manufacturer shall not modify the franchise of a dealer or take any adverse action against…

NRS 482.363573 Substantial alteration of existing facility of dealer: Restrictions on manufacturer; criteria that constitute modification of franchise agreement. 1. A manufacturer shall not require a dealer: (a) To alter substantially an existing facility of the dealer; or (b) To…

NRS 482.363574 Compensation to dealer for certain used vehicles subject to recall or other orders; requirements for dealer to file claim with manufacturer; calculation of compensation; limits on compensation; duties and requirements of manufacturers upon receiving compensation cl…

NRS 482.363575 Director to adopt regulations for conduct of discovery preliminary to hearings required for termination, discontinuation, modification or replacement of franchises or for establishment or relocation of dealership in marketing area of another dealer in same line and…

NRS 482.36358 Considerations for determining good cause for establishing or relocating dealership in marketing area of dealer in same line and make of vehicles. In determining whether good cause has been established for preventing a manufacturer or distributor from establishing a…

NRS 482.36361 Written protests: Notice; manufacturer or distributor not to take further action pending determination; hearing; consolidation of hearings. 1. If the Director receives a written protest from a dealer pursuant to NRS 482.36352, 482.36354 or 482.36357, the Director sh…

NRS 482.36363 Hearings: Burden of proof; consideration of economic effect. 1. In any hearing on a protest filed pursuant to NRS 482.36352, 482.36354 or 482.36357, the manufacturer or distributor has the burden of proof to establish that there is good cause to terminate, refuse to…

NRS 482.36366 Hearings: Fees for witness; assessment of costs; attorney’s fees. 1. Each witness, other than an officer or employee of the State or of a political subdivision of the State or an expert witness, who appears by order of the Director in a hearing pursuant to NRS 482.3…

NRS 482.36368 Decision of Director: Judicial review; notice. 1. The decision of the Director concerning a protest filed pursuant to NRS 482.36352, 482.36354 or 482.36357, is a final decision in a contested case for the purpose of judicial review. 2. The decision is not subject to…

NRS 482.36371 Unfair practices: Change in capital structure, executive management, ownership or control; compensation for value of dealership; consent not to be unreasonably withheld; time period for complying with request for consent; effect of failure to grant or deny request. …

NRS 482.3638 Unfair practices: Release from liability; limitations on settlement of controversies; unlawful terms or conditions of franchise agreements; price increases; participation in ownership; unlawful acts against franchise; preventing dealer from selling or servicing anoth…

NRS 482.36385 Unfair practices: Competition by manufacturer, distributor or branch of factory; discrimination; compensation of dealer; failure to pay, approve or disapprove claim or accept amended claim; sale to unlicensed person; deceptive advertising or acts; audits performed m…

NRS 482.36386 Unfair practices: Selling or offering to sell new vehicle, parts or accessories at lower actual price than offered or charged another dealer; exceptions. It is an unfair act or practice for a manufacturer or distributor to: 1. Sell or offer to sell a new vehicle to …

NRS 482.36387 Unfair practices: Ownership or operation of facility for repair or maintenance of vehicles by manufacturer or distributor or certain persons or entities under common control therewith; exception. A manufacturer or distributor, or an agent, officer, parent, subsidiar…

NRS 482.36388 Unfair practices: Putting into effect unfair, unreasonable or inequitable method for allocation, scheduling or delivery of new vehicles, parts or accessories; refusal or failure to deliver new vehicles, parts or accessories; exception. A manufacturer, importer or di…

NRS 482.36389 Unfair practices: Requiring dealer to disclose information concerning customer to manufacturer or third party; prohibiting or preventing dealer from disclosing information concerning service, repair or recall notice, or notifying customer of warranty information. A …

NRS 482.36391 Unfair practices: Inducing dealer by coercion to order or accept vehicle, parts, accessories or other commodities. No manufacturer, distributor, factory branch or representative thereof may induce by means of coercion, intimidation or discrimination any dealer to: 1…

NRS 482.36395 Unfair practices: Encouraging dealer to sell or lease vehicles through deceptive practices; refusal to deliver order; requiring payment of costs for promotion or advertising; requiring compliance with standards exceeding commonly accepted business practices; taking …

NRS 482.36396 Death of dealer: Termination of franchise prohibited if dealer designates successor in interest; primary and alternate successors in interest. 1. On or after January 1, 1986, no manufacturer or distributor may include in any franchise agreement whose duration exceed…

NRS 482.36397 Death of dealer: Notice of assumption and commencement of operation of franchise by designated successor; deposit by dealer; arrangements for discharge of terms of franchise agreement for period after death. 1. Within 21 days after the death of a dealer, a designate…

NRS 482.36398 Death of dealer: Operation of business and accounting to heirs or estate by manufacturer or distributor pending assumption by designated successor; accounting to heirs or estate by successor. 1. After the death of a dealer and before the operation of the business un…

NRS 482.36399 Assumption of provisions of franchise agreement by successor required. Unless the manufacturer or distributor otherwise agrees in writing, a successor in interest may not operate under the franchise agreement until all provisions of the agreement have been expressly…

NRS 482.36412 Franchise assumable by successor same as existed at death of dealer. The franchise assumable by a successor in interest is the same as it existed in the name of the deceased dealer at the time of the dealer’s death. (Added to NRS by 1985, 1831)

NRS 482.36413 Termination of franchise upon divorce prohibited; award of franchise to either party in divorce action. On or after January 1, 1986, no manufacturer or distributor may include in any franchise agreement whose duration exceeds 1 year any provision which calls for the…

NRS 482.36414 License as dealer required for assumption of operation of franchise. A person who assumes operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, must be licensed as a dealer pursuant to the provisions of NRS 482.318 to 482.363, inclusive. (Added…

NRS 482.36419 Exercise of right of first refusal by manufacturer or distributor if transfer of all or substantially all assets of dealership is proposed: Requirements; prohibited acts. 1. Except as otherwise provided in NRS 482.36396 to 482.36414, inclusive, if a transfer of the …

NRS 482.36423 Action for injunctive relief or civil damages; service of process; time to answer or plead. 1. Whenever it appears that a person has violated, is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, any person aggrieved ther…

NRS 482.36425 Civil penalty; civil suit by Attorney General. 1. Any manufacturer or distributor who willfully violates any provision of NRS 482.36311 to 482.36425, inclusive, is subject to a civil penalty of not less than $50 nor more than $1,000 for each day of violation and for…

NRS 482.3643 “Sell,” “sold,” “buy” and “purchase” defined. As used in NRS 482.3643 to 482.3665, inclusive, unless the context otherwise requires, “sell,” “sold,” “buy” and “purchase” include exchange, barter, gift and offer or contract to buy or sell. (Added to NRS by 1969, 583; …

NRS 482.3645 Agreement to finance through designated source which lessens competition or creates monopoly unlawful; agreement declared void. 1. It is unlawful for any person who is engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, to se…

NRS 482.3647 Threat by manufacturer or distributor to discontinue sales to retail seller prima facie evidence of violation. Any threat, expressed or implied, made directly or indirectly to any person engaged in the business of selling motor vehicles at retail in this State by any…

NRS 482.3649 Threat by person engaged in business of financing who is affiliated with manufacturer or distributor to discontinue sales prima facie evidence of violation. Any threat, expressed or implied, made directly or indirectly, to any person engaged in the business of sellin…

NRS 482.3651 Giving of gratuity by manufacturer or wholesaler to person financing sales which lessens competition or creates monopoly unlawful. It is unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution only of motor vehicle…

NRS 482.3653 Acceptance of gratuity by person financing sales unlawful. It is unlawful for any person who is engaged in the business of financing the purchase or sale of motor vehicles or of buying security agreements or leases on motor vehicles sold at retail within this State t…

NRS 482.3655 Acceptance of gratuity: Unlawful financing of sales thereafter. It is unlawful for any person who accepts or receives, either directly or indirectly, any payment, thing or service of value, as provided in NRS 482.3653, or contracts, either directly or indirectly, to …