Title 09, Commerce and Trade

§ 4026. Notice of cessation of redemption A trading stamp company shall not cease or suspend the redemption of trading stamps in cash in this State without filing with the Secretary of State, at least 90 days before the suspension, written notice of its intention so to do and con…

§ 4027. Penalty Any trading stamp company that violates any provision of this chapter shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, and the Superior Court shall have jurisdiction on the complaint of any interested person to restrain and…

§ 4041. Definitions As used in this chapter: (1) “Person” includes a natural person, a firm, an association, and a corporation, and any officer, employee, or agent thereof. (2) “Cardholder” means any person to whom a credit card is issued and any person who has agreed with the ca…

§ 4042. Liability for unauthorized use A provision imposing liability on a cardholder for the unauthorized use of a credit card shall be effective only if the card is an accepted credit card, the liability imposed is not in excess of $100.00, the cardholder has received notice of…

§ 4043. Fraudulent use A person shall not with intent to defraud, obtain, or attempt to obtain money, property, services, or any other thing of value, by the use of a credit card that he or she knows, or reasonably shall have known, to have been stolen, forged, revoked, cancelled…

§ 4044. Penalty (a) A person who violates section 4043 of this title shall be fined not more than $500.00 or be imprisoned not more than six months, or both, if the aggregate value of the money, property, services, or other things of value so obtained is $50.00 or less. (b) A per…

§ 4045. Illegal possession; seizure (a) A person in possession of a credit card issued to another with the intent to use the credit card without the consent of the cardholder shall be fined not more than $500.00 or imprisoned not more than six months, or both. (b) A law enforceme…

§ 4071. Definitions As used in this chapter: (1) “Current net price” means the price listed in the supplier’s price list or catalogue in effect at the time the dealer agreement is terminated, less any applicable discounts allowed. (2)(A) “Dealer” means a person primarily engaged …

§ 4072. Termination of dealer agreement (a) Requirements for notice. (1) A person shall provide a notice required in this section by certified mail or by personal delivery. (2) A notice shall be in writing and shall include: (A) a statement of intent to terminate the dealer agree…

§ 4073. Supplier’s duty to repurchase inventory (a) Whenever a dealer enters into a dealer agreement under which the dealer agrees to maintain an inventory, and the agreement is terminated by either party as provided in this chapter, the supplier, upon written request of the deal…

§ 4074. Repurchase terms (a)(1) Within 90 days from receipt of the written request of the dealer, a supplier under the duty to repurchase inventory pursuant to section 4073 of this title may examine any books or records of the dealer to verify the eligibility of any item for repu…

§ 4075. Exceptions to repurchase requirement The provisions of this chapter shall not require a supplier to repurchase from a dealer: (1) a repair part with a limited storage life or otherwise subject to physical or structural deterioration, including gaskets or batteries; (2) a …

§ 4076. Transfer of business (a) No supplier shall unreasonably withhold consent to the transfer of the interest of any dealer, officer, member, or partner to any other party or parties. However, no dealer, officer, member, or partner shall have the right to sell, transfer, or as…

§ 4077. Uniform commercial practice Nothing contained in this chapter may be construed to release or terminate a perfected security interest of the supplier in the inventory of the dealer. (Added 1993, No. 113 (Adj. Sess.), § 1, eff. March 4, 1994; amended 2001, No. 86 (Adj. Sess…

§ 4077a. Prohibited acts (a)(1) A supplier shall not coerce or attempt to coerce a dealer to accept delivery of inventory that the dealer has not voluntarily ordered. (2) A supplier may require a dealer to accept delivery of inventory that is: (A) necessary to maintain inventory …

§ 4078. Warranty obligations (a) A supplier shall: (1) specify in writing a dealer’s reasonable obligation to perform warranty service on the supplier’s inventory; (2) provide the dealer a schedule of reasonable compensation for warranty service, including amounts for diagnostic …

§ 4079. Remedies (a) A person damaged as a result of a violation of this chapter may bring an action against the violator in a Vermont court of competent jurisdiction for damages, together with the actual costs of the action, including reasonable attorney’s fees, injunctive relie…

§ 4080. Waiver of chapter void The provisions of this chapter shall be deemed to be incorporated in every agreement and shall supersede and control all other provisions of the agreement. No supplier may require any dealer to waive compliance with any provision of this chapter. An…

§ 4081. Obligation of successors in interest The obligation of any supplier or dealer is applied to and made an obligation of any successor in interest or assignee of the supplier or dealer. A successor in interest includes any purchaser of the assets or stock, any surviving enti…

§ 4082. Forestry and industrial equipment (a) The General Assembly finds that geographic restrictions imposed on trade of certain forestry and industrial equipment within the State is not in the public interest. Restrictions on dealers of large and expensive pieces of industrial …

§ 4083. Title of chapter This chapter may be known and cited as the “Motor Vehicle Manufacturers, Distributors, and Dealers Franchising Practices Act.” (Added 1981, No. 157 (Adj. Sess.), § 1, eff. April 14, 1982; amended 2009, No. 57, § 1, eff. June 1, 2009.)

§ 4084. Legislative findings (a) The Legislature finds and declares that the distribution and sale of 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 interest and t…

§ 4085. Definitions The following words, terms, and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Board” means the Transportation Board as established i…

§ 4086. Warranty and predelivery obligations to new motor vehicle dealers (a) 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 predelivery preparation and warranty service on …

§ 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…

§ 4101. Definitions As used in this chapter: (1) “Supplier” means any person engaged in the sale, consignment, or distribution of petroleum products to retail outlets. (2) “Dealer” means any person who is not a petroleum supplier engaged in the retail sale of gasoline to the moto…

§ 4102. Agreements regulated This chapter shall apply to agreements pertaining to the sale of gasoline and related products when: (1) more than 35 percent of the dealer’s gross sales are covered by such agreement; and (2) when such gross sales covered by such agreement are more t…