Title 13, Title 13: Commerce and Trade

13-14-203. Succession to franchise. (1) A successor, including a family member of a deceased or incapacitated franchisee, who is designated by the franchisee may succeed the franchisee in the ownership and operation of the dealership under the existing franchise agreement if: the…

13-14-204. Franchisor's obligations related to service -- Franchisor audits -- Time limits. (1) Each franchisor shall specify in writing to each of the franchisor's franchisees licensed as a new motor vehicle dealer in this state: the franchisee's obligations for new motor vehicl…

13-14-205. Liability for damages to motor vehicles in transit -- Disclosure required. (1) A franchisee is solely liable for damage to a new motor vehicle after delivery by and acceptance from the carrier. A delivery receipt or bill of lading, or similar document, signed by a fran…

13-14-206. Site-control agreements. (1) A site-control agreement entered into on or after May 11, 2010: may be voluntarily terminated by a franchisee, subject to Subsection; and (2)(a) terminates immediately upon: a franchisor's sale, assignment, or other transfer of the right to…

13-14-301. Termination or noncontinuance of franchise. (1) Except as provided in Subsection (2), a franchisor may not terminate or refuse to continue a franchise agreement or the rights to sell and service a line-make pursuant to a franchise agreement, whether through termination…

13-14-302. Issuance of additional franchises -- Relocation of existing franchisees. (1) Except as provided in Subsection (7), a franchisor shall provide the notice and documentation required under Subsection (3) if the franchisor seeks to: enter into a franchise agreement establi…

13-14-302.5. Application of new franchise process with respect to certain terminated franchises. (1) As used in this section: "Covered franchisee": means a person who was a franchisee under a pre-bankruptcy franchise; and is a "covered dealership," as that term is defined in the …

13-14-303. Effect of terminating a franchise. If under Sectionthe executive director permits a franchisor to terminate or not continue a franchise and prohibits the franchisor from entering into a franchise for the sale of new motor vehicles of a line-make in a relevant market ar…

13-14-304. Hearing regarding termination, relocation, or establishment of franchises. (1) Within 10 days after the day on which the executive director receives an application from a franchisee under Subsectionchallenging a franchisor's right to terminate or not continue a franchi…

13-14-305. Evidence to be considered in determining cause to terminate or discontinue. (1) In determining whether a franchisor has established good cause for terminating or not continuing a franchise agreement, the executive director shall consider: the amount of business transac…

13-14-306. Evidence to be considered in determining cause to relocate or establish a new franchised dealership. In determining whether a franchisor has established good cause for relocating an existing franchisee or establishing a new franchised dealership for the same line-make …

13-14-307. Franchisor's obligations upon termination or noncontinuation of franchise or line-make. (1) Upon the termination or noncontinuation of a franchise or a line-make, the franchisor shall pay the franchisee: an amount calculated by: including the franchisee's cost of unsol…

13-14-307.5. Termination, cancellation, or nonrenewal of a recreational vehicle franchise agreement. (1) This section applies only to a recreational vehicle franchisee's termination, cancellation, or nonrenewal of: a recreational vehicle franchise; or a recreational vehicle line-…

13-14-308. Private right of action. (1) A franchisee has a private right of action for actual damages and reasonable attorney fees against a franchisor for a violation of this chapter that results in damage to the franchisee. (2) As used in this Subsection: (2) "New franchisor" h…

13-14-309. Change in distribution plan. If there is a change in the plan of distribution of a line make that contemplates a continuation of that line make in the state, a manufacturer or distributor may not directly or indirectly, through the action of any parent of the manufactu…

13-14-310. Reporting requirement. By September 1 of each year, the advisory board shall submit, in accordance with Section, an annual written report to the Business and Labor Interim Committee that, for the fiscal year immediately preceding the day on which the report is submitte…

13-14a-1. Definitions. (1) "Dealer" means any person, firm, or corporation engaged in the business of selling and retailing farm equipment, implements, utility and light industrial equipment, attachments, or repair parts, and includes retailers of yard and garden equipment not pr…

13-14a-2. Right of return on termination of retailing agreement -- Credit on return. (1) Upon termination of all sales agreements in which the dealer has agreed to offer the products of the manufacturer or wholesaler for retail sale and to stock wholegoods and parts inventories a…

13-14a-3. Right of return on death of dealer -- Continuation of business by heirs or survivors -- Right to sell business. (1) Upon the death of a dealer, the death of a general partner in a partnership operating as a dealer, or the death of a majority shareholder in a corporation…

13-14a-4. Termination of retailing agreement at will. Any retailing agreement between a dealer and a manufacturer or wholesaler that is entered into or renewed after May 1, 1989, shall terminate at will, notwithstanding any agreement or law to the contrary, upon written notice of…

13-14a-5. Notice or consent required before changing terms of retailing agreement -- Limitations on pledge of personal assets -- Cancellation of retailing agreement. (1) Each manufacturer, wholesaler, financing subsidiary or division of the manufacturer, or any independent lender…

13-14a-6. Security interest of wholesaler or manufacturer not affected. This chapter may not be construed to affect in any way any security interest that the wholesaler or manufacturer may have in the inventory of the dealer. The retailer, manufacturer, or wholesaler may furnish …

13-14a-7. Attorneys' fees and court costs -- Punitive damages. The court, in any action to compel compliance with this chapter, shall award costs and reasonable attorneys' fees to the prevailing party. The court may award punitive damages.

13-14a-8. Contractual right of return -- Election of penalties. If the agreement between a dealer and a manufacturer or wholesaler confers rights and duties covering the return of wholegoods and parts inventories upon termination of the agreement, the dealer may elect to proceed …

13-14a-9. Continuing obligation of manufacturer or wholesaler. (1) If a manufacturer or wholesaler is purchased by or merges with another company, the purchasing or surviving entity shall bear all of the responsibilities of the original or purchased manufacturer or wholesaler und…

13-14b-101. Title. This chapter is known as the "Uniform Equipment Dealers Warranty Reimbursement Act."

13-14b-102. Definitions. As used in this chapter: (1) "Audit" means a review by a supplier of a dealer's warranty claims records. (2) "Current net price" means the price charged to a dealer for repair parts as listed in the printed price list or catalog or invoice of the supplier…

13-14b-103. Warranty claims. (1) An equipment dealer may submit a warranty claim to a supplier if a warranty defect is identified and documented prior to the expiration of a supplier's warranty: while a dealer agreement is in effect; or after the termination of a dealer agreement…

13-14b-104. Audits. (1) A supplier may not audit a dealer's records concerning any paid warranty claim that was submitted to the supplier more than one year before the day on which the audit begins, except where an audit of records made within the one-year time period shows fraud…

13-14b-105. Relief. (1) A dealer may bring an action in a court of competent jurisdiction to obtain payment of a warranty claim submitted under this chapter to a supplier if a supplier: fails to make payment in accordance with the provisions of this chapter; wrongfully rejects th…

13-15-102. Definitions. As used in this chapter: (1) "Business opportunity" means an arrangement under which a person: sells or leases a product, equipment, a supply, or a service: upon payment of initial required consideration of at least $500; and for the purpose of enabling th…

13-15-201. Required filings -- Fees -- Rulemaking. (1) Except as provided in Subsection, before a person may act as a seller in the state, the person shall obtain a proof of disclosure receipt from the division. (2) To obtain a proof of disclosure receipt from the division, a per…

13-15-202. Disclosure statements. (1) An applicant for a proof of disclosure receipt under Subsectionshall include the following in a disclosure statement: 13-15-201(1) the name, address, and principal place of business of: the applicant; and each parent, affiliate, or holding co…

13-15-203. Disclosure statement furnished to purchaser -- Additional nondeceptive information permitted. (1) A seller shall provide the disclosure statement described under Sectionto a prospective purchaser at least 10 business days before the day on which the earlier of the foll…

13-15-301. Administration and enforcement -- Powers -- Legal counsel -- Fees. (1) The division shall administer and enforce the provisions of this chapter in accordance with. Chapter 2, Division of Consumer Protection (2) In addition to the division's enforcement powers under: Ch…

13-15-302. Private right of action. (1) A purchaser may bring an action in a court of competent jurisdiction against a seller who does not comply with this chapter. (2) If a court of competent jurisdiction finds that a seller violated this chapter, a purchaser who brings an actio…

13-15-303. Denial, suspension, or revocation of proof of disclosure receipt or proof of notice receipt. In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to de…

13-19-1. Definition. As used in this section, "shopping cart retrieval business" means the business of searching for, gathering, and restoring possession to the merchant or owner, for compensation or in expectation of compensation, of shopping carts located outside the premises o…

13-19-2. Written authorization required. Every person who engages in the shopping cart retrieval business shall retain records, showing written authorization from the merchant or owner to retrieve the carts and to be in possession of those carts retrieved, and shall maintain a co…

13-19-3. Violation an infraction. Notwithstanding the penalty provisions of, a violation of this chapter is an infraction.

13-19-4. Exemption. Exempted under this act are nonprofit charitable organizations.

13-20-1. Short title. This chapter is known as the "New Motor Vehicles Warranties Act."

13-20-2. Definitions. As used in this chapter: (1) "Consumer" means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Secti…

13-20-3. Nonconforming motor vehicles -- Repairs. If a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the express warranties or during …

13-20-4. Nonconforming motor vehicles -- Replacement -- Refund -- Criteria -- Defenses. (1) If the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition that s…

13-20-5. Reasonable number of attempts to conform. (1) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if: the same nonconformity has been subject to repair four or more times by the manufac…