Title 09, Title 09: Commerce and Trade

§ 4087. Transportation damages (a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles before delivery to a carrier or transporter. (b) If a new motor vehicle dealer determines the method…

§ 4088. Product liability indemnification Notwithstanding the terms of any franchise agreement, it shall be a violation of this law for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement for damages,…

§ 4089. Termination; cancellation or nonrenewal (a) Notwithstanding the terms, provisions, or conditions of any franchise or notwithstanding the terms or provisions of any waiver, no manufacturer shall cancel, terminate, or fail to renew any franchise with a licensed new motor ve…

§ 4090. Notification of termination; cancellation and nonrenewal (a) Notwithstanding the terms, provisions, or conditions of any franchise prior to the termination, cancellation, or nonrenewal of any franchise, the manufacturer shall furnish notification of such termination, canc…

§ 4091. Payments (a) Within 90 days of the termination, nonrenewal, or cancellation of any franchise by the manufacturer, pursuant to section 4089 or subdivision 4090(a)(2)(B) of this title or to the termination, nonrenewal, or cancellation of a franchise by the franchisee, the n…

§ 4092. Dealership facilities assistance upon termination, cancellation, or nonrenewal (a) In the event of a termination, cancellation, or nonrenewal under this chapter; and (1) the new motor vehicle dealer is leasing the dealership facilities from a lessor other than the manufac…

§ 4093. Right of designated family member to succeed in ownership (a) Any owner of a new motor vehicle dealer may appoint by will, or any other written instrument, a designated family member to succeed in the ownership interest of the new motor vehicle dealer. (b) Unless there ex…

§ 4094. Refusal to honor succession to ownership; notice required (a) If a manufacturer or distributor believes that good cause exists for refusing to honor the succession to the ownership of a new motor vehicle dealer by a family member of a deceased or incapacitated owner of a …

§ 4095. Burden of proof In determining whether good cause for the refusal to honor the succession exists, the manufacturer, distributor, factory branch, or importer has the burden of proving that the successor is a person who is not of good moral character or does not meet the fr…

§ 4096. Unlawful acts by manufacturers or distributors It shall be a violation of this chapter for any manufacturer, as defined under this chapter, to require, attempt to require, coerce, or attempt to coerce any new motor vehicle dealer in this State: (1) To order or accept deli…

§ 4097. Manufacturer violations It shall be a violation of this chapter for any manufacturer defined under this chapter: (1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time, and in reasonable quantity relative…

§ 4098. Limitations on establishing or relocating dealers (a) In the event that a manufacturer seeks to enter into a franchise establishing an additional new motor vehicle dealer or relocating an existing new motor vehicle dealer within or into a relevant market area where the sa…

§ 4099. Civil actions for violations Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, any consumer who is injured by a violation of this chapter, or any party to a franchise who is so injured in his or he…

§ 4100. Applicability The provisions of this chapter shall apply to the conduct of all persons affected by the presumptions of this chapter situated in this State. Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offeri…

§ 4100a. Agreements governed (a) All written agreements between a manufacturer or distributor and a new motor vehicle dealer shall be subject to the provisions of this chapter, and provisions of such agreements that are inconsistent with this chapter shall be void as against publ…

§ 4100b. Enforcement; Transportation Board (a) The Transportation Board established in 19 V.S.A. § 3 shall enforce the provisions of this chapter. (b) The Board shall adopt rules to implement the provisions of this chapter. (c) Except for civil actions filed in Superior Court pur…

§ 4100c. Financing; Vermont Transportation Board (a) On July 1, 2009, and every year thereafter, there is imposed an annual fee upon each new motor vehicle dealer of $60.00 for each dealer license held by that dealer, and there is imposed upon each manufacturer an annual fee of $…

§ 4100d. Statute of limitations (a) Actions arising out of any provision of this chapter shall be commenced within four years of the date the cause of action accrues; provided, however, that if a person conceals the cause of action from the knowledge of the person entitled to bri…

§ 4100e. Right of first refusal In the event of a proposed sale or transfer of all or substantially all ownership or transfer of all or substantially all dealership assets, and if the franchise agreement has a right of first refusal in favor of the manufacturer, distributor, or f…

§ 4100f. Severability If any provision in this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provisions and application…