Sec. 42-133bb. Prohibited acts by manufacturer or distributor re dealer.
Sec. 42-133bb. Prohibited acts by manufacturer or distributor re dealer. No
manufacturer or distributor shall require that a dealer:
(1) Order or accept delivery of any new motor vehicle, part or accessory, equipment
or any other commodity not required by law in connection with warranty service or a
recall campaign or voluntarily ordered by the dealer, except that the provisions of this
subdivision shall not affect terms or provisions of a franchise requiring dealers to market
a representative line of motor vehicles which the manufacturer or distributor is publicly
advertising;
(2) Order or accept delivery of any new motor vehicle with special features, accessories or equipment not included in the list price of such motor vehicles as publicly advertised by the manufacturer or distributor;
(3) Pay all or part of the cost of an advertising campaign or contest, or purchase
any promotional materials, training material, showroom or other display decorations or
materials at the expense of the new motor vehicle dealer without the consent of the new
motor vehicle dealer;
(4) Enter into any agreement with the manufacturer or distributor or do any other
act prejudicial to the dealer under threat of termination or cancellation of a franchise
or agreement between the dealer and the manufacturer or distributor, except that this
subdivision shall not preclude the manufacturer or distributor from insisting on compliance with the reasonable terms or provisions of the franchise or agreement, and notice
in good faith to any dealer of the dealer's violation of such terms or provisions shall not
constitute a violation of sections 42-133r to 42-133ee, inclusive;
(5) Change the capital structure of the dealer or the means by which the dealer
finances the operation of the dealership provided that the dealer meets reasonable capital
standards established by the manufacturer or distributor in accordance with uniformly
applied criteria, and provided further that no change in the capital structure shall cause
a change in the principal management or have the effect of a sale of the franchise without
the consent of the manufacturer or distributor and such consent shall not be unreasonably
withheld;
(6) Refrain from participation in the management of, investment in, or acquisition
of any other line of new motor vehicles or related products, provided that this subdivision
shall not apply unless the dealer maintains a reasonable line of credit for each line make
of new motor vehicle, the dealer remains in compliance with any reasonable facilities
requirements of the manufacturer or distributor, and no change is made in the principal
management of the dealer;
(7) Prospectively assent to a release, assignment, novation, waiver or estoppel
which would relieve any person from liability to be imposed by sections 42-133r to 42-133ee, inclusive, or require any controversy between a dealer and a manufacturer or
distributor, to be referred to any forum other than the Superior Court or the United States
District Court.
(P.A. 82-445, S. 11, 15; P.A. 83-198, S. 8, 11.)
History: P.A. 83-198 subjected distributors to the provisions of this section.